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Congress Hammers TSA Exemption From FAR

Client Alert | less than 1 min read | 08.20.07

In hearings on August 1 before the House Homeland Security Subcommittee on Management, Investigations, and Oversight, David Bodenheimer testified that the Transportation Security Administration (TSA) should be stripped of its exemptions from the Competition in Contracting Act (CICA) and Federal Acquisition Regulation (FAR) in order to bolster competition, reduce regulatory fragmentation, and open TSA procurements to protests and Contract Disputes Act litigation applicable to other agencies. On the next day, the House introduced a bill that, in conjunction with a pending Senate amendment, would bring TSA back into the acquisition mainstream.

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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....