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TAA Thresholds: Downward Trend Continues for 2018-2019

Client Alert | less than 1 min read | 12.13.17

On December 11, 2017, the U.S. Trade Representative published its biennial readjustment of U.S. dollar thresholds for government procurements covered by the Trade Agreements Act. The new thresholds, which go into effect January 1, 2018 for calendar years 2018 and 2019, reflect a continued decline in threshold values since the 2014-2015 revision, coinciding with the stronger value of the U.S. dollar relative to the other currencies included in market basket of currencies constituting the IMF’s Special Drawing Rights (SDRs) used to establish the thresholds contained in the WTO’s Agreement on Government Procurement.

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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....