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Cyber Barbarians & Federal Data Breaches In 2006

Client Alert | 1 min read | 10.30.06

In 2006, the lost Veterans Affairs laptop compromising the personal information of 26.5 million veterans represented just one of the hordes of information security breaches that flooded federal agencies, triggering Congressional hearings, GAO and IG investigations, and new OMB information security standards for federal agencies and contractors alike. In his article "When Cyber Barbarians Storm the Security Walls: The Mounting Risks of Security Breaches to Federal Agencies & Contractors" published in the Federal Contracts Report on October 3, 2006 (http://www.crowell.com/pdf/Security-Breach_Bodenheimer.pdf), David Z. Bodenheimer identifies the evolving rules governing federal information security and explains how the escalating federal outsourcing trends mean greater opportunities for contractors in the IT and cybersecurity business, but also that such opportunities come with mounting risks of tougher Congressional scrutiny, federal enforcement actions, and third-party litigation.

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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....