How Vast Government Aid and Imaginative Enforcement Could Mean FCA Liability for a Growing Breadth of Industries
Client Alert | less than 1 min read | 06.10.21
Over the past few years, both the government and False Claims Act relators (whistleblowers) have targeted more types of defendants than they have ever previously. Against this backdrop, Congress passed two of the largest relief bills in modern history and thus even more companies find themselves involved with the federal government in a new way or for the first time This article examines the government’s enforcement of FCA against such new or non-traditional defendants and provides key takeaways.
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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
