OFPP Seeks to Debunk Myths about Debriefings
Client Alert | less than 1 min read | 01.27.17
On January 5, 2017, the Office of Federal Procurement Policy (OFPP) issued its third "Myth-busting" memorandum, specifically addressing misconceptions about debriefings. By issuing this memorandum, OFPP seeks to encourage the use of debriefings as a tool that could contribute to a potentially more competitive supplier base and also allow agencies to evaluate and improve their own processes. In addition to attempting to debunk some common myths about debriefings, the memorandum sets forth best practices, including the adoption or establishment of a debriefing guide.
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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.
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