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ASBCA's FY16 Report – a Look at the Numbers

Client Alert | less than 1 min read | 02.06.17

The Armed Services Board of Contract Appeals published its FY16 Report of Transactions and Proceedings, which provides statistics regarding the adjudication of appeals between contractors and the Army, Navy, Air Force, Corps of Engineers, DLA, DCMA, CIA, NASA, other Defense agencies, and the Washington Metropolitan Area Transit Authority. According to this year's report, appellants prevailed in 57 percent of the appeals decided on the merits (up from 53 percent in FY15). As usual, the Board had a high success rate in resolving matters via alternative dispute resolution (ADR), successfully resolving an impressive 93 percent of ADRs concluded in FY16 – including binding arbitration, non-binding mediation, and ADR of undocketed appeals.

Insights

Client Alert | 3 min read | 07.13.26

Amici Rally Behind Liberty Global, Urging Tenth Circuit to Rein in Economic Substance Doctrine

Following the 10th Circuit's April 21, 2026, decision affirming the disallowance of Liberty Global’s $2.4 billion deduction under the codified economic substance doctrine, I.R.C. § 7701(o), Liberty Global filed a petition for panel rehearing or rehearing en banc on June 5, 2026. That petition has since drawn significant amicus support from various industry groups representing large taxpayers, as discussed below....