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DoD Previews Final Cybersecurity Maturity Model Certification with Revision 0.7

Client Alert | 1 min read | 12.17.19

The Department of Defense (DoD) recently released another revision to its Cybersecurity Maturity Model Certification (CMMC) that, starting next year, independent auditors will use to certify contractor compliance with DoD cybersecurity requirements. Most notably, Revision 0.7 previews the requirements for cybersecurity maturity Levels 4 and 5. Moving beyond the cyber hygiene requirements of Levels 1 through 3, Levels 4 and 5 require even more robust cybersecurity programs capable of addressing the dynamic threats posed by advanced persistent threats (APTs). These two highest levels of certification also implement the enhanced security requirements documented in NIST SP 800-171B, which remains in draft form.

The DoD is expected to announce the final CMMC in January of next year and begin introducing “go/no-go” certification requirements in solicitations as early as June 2020.


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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....