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Sweeping Prohibition on Arbitration of Employment Disputes in 2010 Defense Appropriations

Client Alert | less than 1 min read | 12.28.09

Entities receiving federal contracts or subcontracts in excess of $1 million using funds from the 2010 Defense Appropriations Act (H.R. 3326), signed into law on December 22, 2009, will be prohibited from executing or enforcing mandatory arbitration clauses in agreements with employees or independent contractors for claims under Title VII of the Civil Rights Act of 1964 or for certain torts related to sexual assault or harassment. While limited national security waivers are contemplated, this sweeping prohibition is a significant development for defense contractors and other entities receiving contracts or subcontracts using funds from the 2010 Defense Appropriations Act.

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Client Alert | 3 min read | 07.10.26

Federal Circuit Clarifies Application of Blue & Gold: Proposal Submission Deadline, Not Award, is the Operative Time for Filing

In Utech, Inc. v. United States, No. 24-1586 (Fed. Cir. June 24, 2026), the U.S. Court of Appeals for the Federal Circuit clarified that in most cases, a pre-award protest must be filed before the proposal submission deadline to avoid the Blue & Gold waiver rule.  This decision, while nonprecedential, is in line with U.S. Government Accountability Office (GAO) precedent, which has long held that pre-award protests must be filed before the proposal submission deadline....