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DoD: Acquisition Shows Improvement (But Still Needs It)

Client Alert | less than 1 min read | 10.27.16

On October 24, 2016, DoD released its annual report on the performance of the defense acquisition system – the fourth in a series continuing a “long-term effort to bring data-driven decision making to acquisition policy.” Generally, the report discusses many areas in which acquisition has improved (e.g., cost control) or is doing better than perceived (e.g., high-level program requirements, acquisition cycle times, private sector profitability), but it also highlights areas where improvement is needed (e.g., competition rates (which fell in FY 2015) and utilization of small business subcontractors (which “has been declining since FY 2010”)).

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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....