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Department of Labor Institutes New Pilot Program to Expedite Processing of Discretionary Suspensions and Debarments

Client Alert | 1 min read | 04.04.19

On April 2, the Department of Labor (DOL) announced a new pilot program for discretionary suspensions and debarments in an effort to decrease DOL’s processing time of these actions “from months to days.” As part of the program, DOL’s Office of Inspector General (OIG) will include in its referrals to the Office of the Assistant Secretary for Administration and Management (OASAM) information based on indictments or convictions, with the hope that such information will allow OASAM to process these actions more quickly. Because of the unique nature of DOL debarments – which are largely imposed as a collateral consequence of labor violations – the pilot program increases risk to government contractors under scrutiny by DOL and its components/programs. This development emphasizes the importance of hiring counsel with capabilities to address the full spectrum of risks, including a proactive approach to suspension and debarment defense. 

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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....