How To Cope with Increased Whistleblower Complaints
Client Alert | less than 1 min read | 01.22.21
In a recently published Law360 article, “How To Cope with Increased Whistleblower Complaints,” Preston Pugh, Trina Fairley Barlow, and Christine Hawes of Crowell & Moring discuss how the COVID-19 pandemic has generated many challenges for employers who have been struggling since early 2020 to continue operating, paying their employees, and addressing health and liability concerns in the face of government restrictions, reduced business, and safety risks. One such challenge has been a rise in whistleblower complaints and government investigations since March 2020. In the article, they provide answers to important questions that employers have about whistleblower investigations.
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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
