1. Home
  2. |Insights
  3. |Board Wields Sanctions To Enforce CDA Subpoena Against DOJ

Board Wields Sanctions To Enforce CDA Subpoena Against DOJ

Client Alert | 1 min read | 08.01.06

In Mountain Valley Lumber, Inc. (July 18, 2006), the AGBCA dealt strongly with a Department of Justice refusal to produce documents (or even a privilege log) in response to a board-issued subpoena, ordering sanctions in the form of adverse inferences against the defendant Forest Service if DOJ did not comply within fourteen days. Examining both its inherent power to impose sanctions and its subpoena authority under the Contract Disputes Act, the Board rejected DOJ's argument that a federal agency is not a “person” subject to subpoena under the CDA, scuttled the DOJ suggestion that it was the final arbiter under the Touhy regs, and, observing that both DOJ and the Forest Service are part of the executive branch, shunted aside the Forest Service's argument that it would be unfair to sanction it for DOJ's refusal to comply with the subpoena.

Insights

Client Alert | 3 min read | 10.10.25

New Post Appeals Mediation Pilot Program

On October 1, 2025, the IRS Independent Office of Appeals launched a two-year pilot program to make Post Appeals Mediation (PAM) more attractive and accessible to taxpayers. See IRS Announcement 2025-10. The new PAM pilot program offers taxpayers the opportunity to be assigned to a new Appeals team, which is otherwise unconnected to the underlying case, who will represent the original Appeals team in the mediation session. The assignment of the new Appeals team does not begin a new appeals process but rather is intended to help facilitate an expedited and impartial look at the underlying case with the goal of further exploring all potential paths to resolution prior to litigation....