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OMB Approves Revised OFCCP Scheduling Letter

Client Alert | less than 1 min read | 10.03.14

Significant changes are just over the horizon for federal contractors and subcontractors, as OMB has approved the revised Scheduling Letter and Itemized Listing proposed by the Office of Federal Contract Compliance Programs. As further explained in the linked alert, the revised Scheduling Letter will require contractors, at the outset of a compliance review, to submit to OFCCP individualized compensation data, personnel activity data broken out by each racial subgroup (rather than in two groupings, minorities and non-minorities), and additional materials to demonstrate compliance with the new Veterans' Readjustment Assistance Act and section 503 of the Rehabilitation Act regulations that became effective earlier this year.


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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....