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CBCA’s FY 2023 Report – Examining the Numbers

Client Alert | 1 min read | 01.05.24

The Civilian Board of Contract Appeals (CBCA) recently published its Annual Report for FY 2023, providing statistics regarding the adjudication of appeals between contractors and civilian agencies such as the Department of State, the Department of Veterans Affairs, the General Services Administration, the Department of Transportation, the Department of Agriculture, the Department of the Interior, and the Central Intelligence Agency. According to this year’s report, contractors prevailed in 45% of the appeals decided on the merits, which is much higher than the 21% success rate in 2022. The report also shows that the CBCA’s alternative dispute resolution (ADR) program remains successful—resolving 70% of appeals for which the parties completed ADR. All of this came in the context of a substantial jump in the number of appeals, with 246 new appeals docketed in 2023 compared to 177 in 2022 and 185 in 2021. Click here to view the full CBCA report.

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Client Alert | 5 min read | 07.28.26

Data Centers in the Crosshairs: The Plaintiffs' Bar Has Begun Filing New Claims Using Old Tricks

The rapid buildout of AI infrastructure has placed data centers at the heart of a new and expanding wave of class action litigation. Over the past several months, plaintiffs’ firms with significant experience in mass tort and environmental class actions have begun recruiting plaintiffs and filing lawsuits against data center operators, alleging that noise generated by their facilities — from cooling systems, diesel generators, and HVAC equipment — constitutes a public and private nuisance and reflects actionable negligence. Companies currently operating or constructing data centers near residential communities should treat this as a material and growing legal risk....

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