DoD Meets Contractors Half-Way at Industry Information Day
Client Alert | 1 min read | 06.28.17
On June 23, the Department of Defense hosted its highly anticipated Industry Information Day to respond to feedback received from the contracting community regarding last year’s finalization of DFARS 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting. Top of mind for many in attendance was the looming end-of-year deadline to implement NIST SP 800-171, including its requirements regarding multifactor authentication. By the end of the session, however, DoD representatives repeatedly stated that contractors may use system security plans (SSPs) and plans of action and milestones (POAMs) to document their anticipated implementation of the required controls and thus comply with the Clause – even if the actual implementation of those controls extends beyond 2017. A revised set of FAQs is expected next month, which should provide additional details regarding this new guidance.
Contacts
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Insights
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.
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Auto Dealers: The FTC Is Back in the Driver’s Seat — Warning Letters Signal Renewed Federal Scrutiny
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