Employee Unions And Elected Representatives Lack Standing For GAO Protests Of Private Sector Awards In A-76 Competitions
Client Alert | 1 min read | 05.10.04
In Dan Duefrene; Kelley Dull; Brenda Neuerburg; Gabrielle Martin, B-293590.2, .3: B-293883; B-293887: B-293908 (April 19, 2004), the GAO ruled definitively that union officials and other elected representatives of government employees who lose to a private sector offeror in competitions conducted under Revised OMB Circular A-76 (May 29, 2003) do not have standing under the Competition In Contracting Act (CICA) to protest at the GAO. Stating that its jurisdiction is constrained by CICA's definition of an "interested party," which limits protest rights to actual offerors eligible to be awarded a "contract" -- and despite the Revised Circular's attempt to implement the recommendation of the Commercial Activities Panel and recast the government side of an A-76 competition in terms intended to confer standing for government employee representatives -- GAO reasoned that the government's tender offer, even if successful, would not result in the award of a "contract" under CICA and, hence, employee representatives of the government could not be interested parties with standing to protest.
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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.
Client Alert | 3 min read | 06.12.26
Client Alert | 4 min read | 06.12.26
Auto Dealers: The FTC Is Back in the Driver’s Seat — Warning Letters Signal Renewed Federal Scrutiny
Client Alert | 13 min read | 06.12.26
