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Out-of-Scope Investigation Should Not Prevent Access

Client Alert | less than 1 min read | 12.22.16

On December 7, 2016, the Director for Defense Intelligence issued a memorandum that DoD components should not deny individuals with current eligibility in the Joint Personnel Adjudication System access to classified material based on an out-of-scope investigation, unless derogatory information calls into question the individual’s continued eligibility for access. The memorandum states that personnel security clearances do not expire, but that DoD components have been denying cleared contractor employees access to defense facilities and classified information because delays in processing background investigations have resulted in many periodic reinvestigations being overdue.

Insights

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....