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Setting A New Record, FCA Recoveries Reach $5 Billion in FY2012

Client Alert | less than 1 min read | 12.05.12

DOJ's Acting Associate Attorney General, Tony West, announced that the government recovered nearly $5 billion in settlements and judgments under the False Claims Act in FY2012, the largest recovery for a single year. You can read Mr. West's prepared remarks here, in which he notes there were 650 new qui tam actions filed this year, the most ever, and that the majority of the government's recoveries came from whistleblower suits.


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....