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Agencies Abuse Sole-Source Process

Client Alert | less than 1 min read | 02.20.13

On the heels of the CFC in Innovation Dev. Enters. of Am., Inc. v. U.S. (Jan. 29, 2013) finding that the Air Force had done zero advance planning before improperly justifying retention of the multiyear incumbent on a sole-source basis, the GAO issued its study faulting DOD more generally. In reviewing eight large sole-source awards, GAO found that DOD in six of them had failed to adhere to the recently tightened FAR requirements for sole-source buys.


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Client Alert | 2 min read | 06.15.26

Kansas Federal Court Applies “Selective Enforcement” Theory to Reject DTSA Claim

A Kansas federal court held that inconsistent enforcement of trade secret rights can defeat a claim under the Defend Trade Secrets Act (DTSA). In Edelman Financial Engines, LLC v. Mariner Wealth Advisors LLC, No. 2:23-cv-02515-HLT (D. Kan. June 5, 2026), the court applied a selective enforcement theory, holding that when a company does not consistently pursue legal remedies against similarly situated former employees, that inconsistency can be affirmative evidence that it failed to protect its trade secrets. While the selective enforcement theory has appeared in academic hypothetical discussions, the decision appears to be one of the clearest judicial applications of a “selective enforcement” theory in a trade secret case....