Federal Circuit Refuses to Give Offeror Second Chance
Client Alert | less than 1 min read | 01.24.13
In Orion Tech., Inc. v. U.S. (Jan. 14, 2013), the agency disqualified a contractor which had failed to provide all the requested information with its offer and, when the agency reopened proposals for a second round, refused to allow the contractor to do so then. The Federal Circuit held that the contractor had standing to complain about getting kicked out, but held that the agency had reasonably done so, implicitly ruling that, once reopening, the agency did not have to let the offeror cure its deficiency.
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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.
Client Alert | 3 min read | 06.12.26
Client Alert | 4 min read | 06.12.26
Auto Dealers: The FTC Is Back in the Driver’s Seat — Warning Letters Signal Renewed Federal Scrutiny
Client Alert | 13 min read | 06.12.26
