GAO Has Had Enough, Suspends Protester for One Year
Client Alert | less than 1 min read | 08.26.16
In a rare move, GAO has suspended a nuisance litigator from protesting for a period of one year after it had filed 150 meritless protests this fiscal year alone. While the decision in Latvian Connection LLC (Aug. 18, 2016) may be an isolated occurrence, it will be interesting to see whether such a sanction (or perhaps GAO’s soon-to-be-introduced protest filing fee) will deter future filings of other meritless protests.
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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
