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ASBCA's FY2020 Report – A Look at the Numbers

Client Alert | 1 min read | 11.10.20

The Armed Services Board of Contract Appeals published its FY2020 Report of Transactions and Proceedings, which provides statistics regarding the adjudication of appeals between contractors and the Army, Navy, Air Force, Corps of Engineers, CIA, NASA, DLA, DCMA, and other Defense agencies, Non-Appropriated Fund Instrumentalities, and the Washington Metropolitan Area Transit Authority. According to this year’s report, the contractor prevailed in 53% of the appeals decided on the merits, up from 48% a year ago. The Report also indicates that, as usual, the Board had a high success rate in resolving matters via ADR. Of the cases that went through non-binding ADR, 85% were resolved successfully—including mediation, arbitration, and ADR of undocketed appeals—a good reminder to contractors and the Government that the Board’s successful ADR program remains an important tool to resolve disputes at the ASBCA.

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Client Alert | 4 min read | 02.20.26

SCOTUS Holds IEEPA Tariffs Unlawful

On February 20, 2026, the Supreme Court issued a pivotal ruling in Trump v. V.O.S. Selections, negating the President’s ability to impose tariffs under IEEPA. The case stemmed from President Trump’s invocation of IEEPA to levy tariffs on imports from Canada, Mexico, China, and other countries, citing national emergencies. Challengers argued—and the Court agreed—that IEEPA does not delegate tariff authority to the President. The power to tariff is vested in Congress by the Constitution and cannot be delegated to the President absent express authority from Congress....