A Day Early Is Too Late
Client Alert | less than 1 min read | 09.29.04
In Guam Shipyard [September 16, 2004], GAO held that a protest of the terms of an RFQ was untimely when it was transmitted to GAO the day before quotes were due, but that day was a federal holiday. GAO acknowledged that the protester had sent the protest to GAO on July 5 by both facsimile and e-mail, and that GAO had received both on that day; however, because documents are considered filed only on days when GAO is open for business, the protest was not deemed filed until 8:30 am on July 6 -- the same day, but several hours after, quotes were due in Japan.
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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.
Client Alert | 3 min read | 06.12.26
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Auto Dealers: The FTC Is Back in the Driver’s Seat — Warning Letters Signal Renewed Federal Scrutiny
Client Alert | 13 min read | 06.12.26
