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SBA Size Standards Revised To Cap Number Of Employees

Client Alert | less than 1 min read | 04.18.04

The SBA has proposed major revisions to its size standard for determining eligibility for qualification as a small business concern, with comments due by May 18, 2004. Among other changes, the newly proposed size standard are generally stated in terms of the maximum numbers of employees of the concern, but for some industries there is a cap on the average annual receipts as well.

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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....