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NLRB Postpones Implementation of Its New Employee Rights Posting Requirement

Client Alert | 1 min read | 10.07.11

The National Labor Relations Board (the "Board") postponed the effective start date for its new notice-posting rule. Announced in August, the rule requires private sector employers to post a notice of employee rights under the National Labor Relations Act ("NLRA") if the NLRA applies to the employer. Because many small and medium-sized businesses are unsure if the NLRA and this notice-posting rule applies to them, the Board pushed back the implementation date from November 14, 2011 to January 31, 2012, "to allow for enhanced education and outreach to employers" concerning the Board's jurisdiction and the posting requirement.

Postponement does not affect the form or content of the notice. We previously discussed the notice-posting rule in greater detail in a Client Alert.

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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....