'No Prejudice' Response to Protest of Past Performance Evaluation Tantamount to Concession of Error
Client Alert | less than 1 min read | 07.31.14
In a recent decision, GAO sustained Native Resource Dev. Co.'s protest that its past performance should have been rated Outstanding given the undisputed record of the agency's superlative written findings. GAO held that the agency's response, which was solely that if the protester's past performance merited a higher rating, then so did the awardee's, was "tantamount to a concession" that it could not defend its assignment of a Satisfactory rating and dismissed the agency's findings about the essential equivalency of protester's and awardee's past performance as merely a post hoc argument to be given little weight.
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Client Alert | 4 min read | 03.04.26
Sixth Circuit Finds EFAA Arbitration Bar to Entire Case — Not Just Sexual Harassment Claims
The United States Court of Appeals for the Sixth Circuit held, in an issue of first impression for that court, that the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA) renders an employer’s pre-dispute arbitration agreement unenforceable as to a plaintiff's entire lawsuit, whenever the lawsuit includes a viable sexual harassment claim.
Client Alert | 3 min read | 03.02.26
Client Alert | 4 min read | 03.02.26
Client Alert | 3 min read | 02.27.26
