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COVID-19 Benchmarking Survey

Client Alert | less than 1 min read | 03.16.20

We thank our clients for your input on our effort to help contractors benchmark what companies are doing as part of COVID-19 contingency planning. Please use the survey link below to access the brief benchmarking questionnaire. Assuming we have a sufficient number of responses, we will aggregate and share responses (on an anonymous basis).

Access the survey here.

Please contact David Robbins with any questions.

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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....