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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.

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Client Alert | 6 min read | 11.19.25

Buying Peace: The Importance of Releasing FCA Liability When Resolving Criminal Allegations of Fraud Against the Government

The facts before the Third Circuit in the recently decided case of Patel v. United States illustrate how parties can put themselves in a bind if they make factual admissions when resolving a criminal case involving fraud on the government while not simultaneously resolving the government’s civil claims under the False Claims Act (FCA) for the same underlying conduct....