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CBCA’s FY 2025 Report – Examining the Numbers

Client Alert | 1 min read | 12.17.25

In its recently published FY 2025 Annual Report (Report), the Civilian Board of Contract Appeals (CBCA) provided detailed statistics about appeals involving disputes between contractors and civilian agencies.  This past year, the civilian agencies with the highest number of docketed claims at the Board were the Department of Veterans Affairs (70 appeals), the United States Agency for International Development (43 appeals), the General Services Administration (36 appeals), the Department of State (12 appeals ), and the Department of Education (12 appeals).  These agencies accounted for 173, or approximately 78%, of the 221 Contract Disputes Act (CDA) appeals docketed at the Board. 

The CBCA experienced a net increase of 79 appeals in its total docket count from the end of FY 2024.  The Board resolved 165 CDA appeals, with 36 of those cases decided on the merits.  The Report also highlights the Board’s successful Alternative Dispute Resolution (ADR) program.  In FY 2025, 60% of matters submitted to ADR were fully or partially resolved, demonstrating that the Board’s ADR program remains an effective option for resolution of disputes. 

In addition to statistics, the Board highlighted a few notable changes for contractors and the Government.  First, the Board noted that it had proposed rules to address its role in resolving disputes pursuant to the Administrative False Claims Act (AFCA), enacted in December 2024, which granted the Board jurisdiction to hear civil fraud claims in which executive agencies seek to recoup up to $1 million under the Act.  Second, the Report highlights how the Board successfully launched its electronic docketing system (EDS) and converted one of its courtrooms and a conference room to allow for hybrid hearings and meetings.  Finally, the Report noted that the Board will examine parties’ use of artificial intelligence (AI), and emphasized that, “[i]f using AI, parties retain full responsibility for the accuracy of all submissions to the Board.”

The full report can be found here.

Insights

Client Alert | 5 min read | 08.21.26

FTC Proposes Enforcement Policy Statement on Personalized Pricing: What Businesses Need to Know

On August 19, 2026, the Federal Trade Commission (FTC) announced a proposed Enforcement Policy Statement on personalized pricing — the practice of companies using consumers’ personal data to set individualized prices, discounts, coupons, or other incentives. The proposed statement, which is open for public comment for 30 days following publication in the Federal Register, marks a major step up in the FTC’s focus on data-driven pricing strategies and puts businesses across industries on notice that undisclosed or inadequately disclosed personalized pricing will not be tolerated. Importantly, while the proposed statement is not a binding legal requirement and does not create new legal obligations, it serves as an enforcement warning that the FTC is prepared to use its existing enforcement authority under Section 5 of the FTC Act (Section 5) and is also a potential harbinger of rulemaking. Businesses that engage in — or are considering — personalized pricing should carefully assess their disclosure practices and data collection procedures against the standards articulated in this statement....