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A Rose and a Thorn: Federal Circuit Permits Contractor to Add New Claim to Pending Complaint, but Enforces Notice Provision to Bar Recovery

Client Alert | 1 min read | 02.26.15

In K-Con Building Systems Inc. v. United States, the Federal Circuit held that a contractor could amend its COFC complaint to add new, denied claims related to the appeal if the new claims either requested different remedies (e.g., additional compensation, remission of funds, non-monetary relief) or asserted legal grounds for relief that were materially different from the claims under appeal. This holding may prove helpful to contractors at the COFC who identify additional bases for recovery/remedies after filing their complaint; however, the Court also denied recovery because the contractor's two-year delay before notifying the government of the alleged "changes" failed to provide the adequate notice required by the Changes Clause, distinguishing the facts in K-Con from those in prior cases where notice provisions were not strictly enforced.

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Client Alert | 4 min read | 08.14.26

License to Hack? The White House Greenlights Private-Sector Offensive Cyber Operations

On August 12, 2026, the White House released a National Security Presidential Memorandum (NSPM) making a seismic shift in U.S. cybersecurity policy and establishing a framework to authorize private-sector companies to conduct offensive cyber operations — historically strictly prohibited by federal law — against foreign Cyber-Enabled Transnational Criminal Organizations (CE-TCO). It builds on an executive order issued in March 2026 that directed federal agencies to develop plans to combat cybercrimes against Americans....