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Fair Pay and Safe Workplaces Final Rule and Guidance Released

Client Alert | 1 min read | 08.24.16

The long-awaited FAR final rule and Department of Labor final guidance implementing the “Fair Pay and Safe Workplaces” executive order will be published in the Federal Register on August 25 (available here and here), and the underlying executive order has been revised (available here) with purportedly “technical” corrections. In response to industry feedback, the FAR Council and DOL have made significant changes regarding the applicability and implementation of the rule and the scope of the reporting requirements, and C&M attorneys will provide in-depth analysis in a forthcoming blog post and in a webcast to discuss its implications.

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....