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CFC Judge Sides with VA in Preference Dispute over FSS Buys

Client Alert | less than 1 min read | 12.07.12

In Kingdomware Techs., Inc. v. U.S., Judge Firestone of the Court of Federal Claims ruled that the Veterans Benefits Act of 2006, which requires VA to determine whether it can reasonably set aside its acquisitions for Service Disabled Veteran Owned Small Businesses or Veteran Owned Small Businesses, does not apply to purchases from the Federal Supply Schedule. Before this ruling, VA had continued to defy GAO, which had ruled the opposite in a number of protests, and the same issue is currently before at least one other CFC judge.


Insights

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....