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NLRB Notice Posting Rule Delayed

Client Alert | 1 min read | 04.18.12

National Labor Relations Board Chairman Mark Pearce announced yesterday that the Board will not proceed with the April 30 deadline for implementing the Board's new rule requiring employers to post a notice advising employees of their rights under the National Labor Relations Act. Chairman Pearce cited "conflicting decisions at the district court level," referring to opinions written in cases brought in South Carolina and the District of Columbia challenging the Board's statutory authority to promulgate the rule. The Board also announced its decision to appeal the South Carolina decision to the Fourth Circuit. Chairman Pearce stated: "We continue to believe that requiring employers to post this notice is well within the Board's authority, and that it provides a genuine service to employees who may not otherwise know their rights under our law." The D.C. Circuit has ordered expedited briefing in its case. A decision from that court is likely by year-end.


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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....

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