Mining Law Monitor - Volume 21, Issue 1 - (Spring 2004)
Client Alert | less than 1 min read | 04.28.04
- "U.S. Supreme Court Rules in Bedroc v. United States: Ownership of Western Desert Sand and Gravel Shifts to Private Sector," Author: Tim McCrum.
- "Subsidence in SMCRA § 522(e) Areas," Co-Authors: Tim Means and Michael Klise.
- "Managing the High Risk of Regulatory Noncompliance," Author: Dick Bednar.
- "Regulation of the Mining Industry — The Past is Prologue," Author: Ed Green.
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.
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
