Statute of Limitations Runs from Receipt of Auditable Information
Client Alert | 1 min read | 04.04.12
The six-year statute of limitations on contract claims begins to run when either party's cause of action "accrues," defined in FAR 33.201 as "the date when all events, that fix the alleged liability of either the Government or the contractor and permit assertion of the claim, were known or should have been known." Several prior decisions have held that a government claim accrued no later than the date on which it is identified and quantified in an audit report, but in Raytheon Co. v. U.S. (Apr. 02, 2012), the Court of Federal Claims held that the government claim had accrued, not when the costs at issue were first audited (2003), but instead when Raytheon submitted to the government all of the information that was needed to audit the costs and assert a claim (1999).
Insights
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
