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Pre-Award Protest Timeliness Rule Extended

Client Alert | less than 1 min read | 12.18.12

In Comint Sys. Corp. v. U.S. (Dec. 7, 2012), the Federal Circuit extended its judicially imposed timeliness rules to require a protest of a solicitation defect to be filed in court prior to award, if practical, even if the alleged error occurred after proposals had been submitted. The court noted that this is consistent with the GAO timeliness rules.


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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....