TSA Back Under The Thumb off FAR and CICA
Client Alert | 1 min read | 02.27.08
After a 6-year holiday from fundamental procurement laws for overseeing federal agencies and assuring due process and fairness for contractors, the Transportation Security Administration as of June 23, 2008, must once again comply with FAR requirements and CICA competition rules, as well as defend itself in protests before GAO and contract disputes before the Board of Contract Appeals. Following two years of legislative effort by Senators Kerry and Snowe and August 2007 hearings by the House Homeland Security Committee, Congress included a little-noticed, cryptic, two-sentence provision in the Consolidated Appropriations Act of 2008 (Pub. L. No. 110-161, Div. E, Title V, Section 568) stripping TSA of its statutory exemption and requiring TSA to follow the same acquisition laws and regulations governing nearly all other federal agencies.
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
