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OMB and DoD Do Sequestration Two-Step

Client Alert | less than 1 min read | 08.13.12

On August 1, 2012, Acting OMB Director Jeffrey Zients and Deputy Secretary of Defense Ashton Carter testified before the House Armed Services Committee regarding the potential impacts of sequestration set to begin on January 2, but declined to spell out whether OMB would apply sequestration at the program, project, or activity level – the key to determining whether agencies would have some discretion to pick and choose among contracts. Sec. Carter hinted that DoD would follow that approach, stating that the DoD leadership "will take advantage of any flexibility [they] can find" to reach the target cuts, although any such flexibility is already restricted by the Administration's announcement that payroll accounts for military personnel would be exempt.

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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....