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GAO Defers to Agency on Impact of Sequestration

Client Alert | less than 1 min read | 12.06.13

In Vinculum Solutions, Inc.—Reconsideration (Dec. 3, 2013), GAO reconfirmed its conclusion in the first published decision on the issue (previously discussed here) that an agency's need to reduce costs due to sequestration may be a valid basis for canceling a solicitation. Of particular relevance for future protests, GAO rejected the argument that GAO should have sought the specific budget and funding data that supported the agency's cancellation decision, noting that, in the protest context, GAO "generally does not question" an agency's representations regarding its budget and funding choices.

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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....