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Navy's Sparse Document Production Sinks Protest Defense

Client Alert | less than 1 min read | 12.28.15

In CORTEK, Inc. (Dec. 17, 2015), GAO determined that it could not find the Navy's evaluation and award decision reasonable when, in response to the protest, the Navy produced only very circumscribed portions of selected documents that were extensively redacted, to the point that the agency report failed to explain even the most basic details of the acquisition. The Navy's overly aggressive efforts to limit document production frustrated CICA's mandate that GAO resolve bid protests and led GAO to sustain the protest regarding the evaluation of several aspects of the awardee's proposal.

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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....