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The Small Business Runway Extension Act Is One Step Closer to Take Off

Client Alert | less than 1 min read | 07.08.19

On June 24, 2019, the U.S. Small Business Administration published a rule proposing to amend the time period for calculating average annual receipts for SBA’s receipts-based size standards from three to five years.  This rule would implement the congressional intent behind the Small Business Runway Extension Act of 2018, which the SBA previously instructed did not permit small businesses to immediately begin certifying against a five-year time period.  In the proposed rule, the SBA again warns that the three-year calculation period continues to apply to any offer submitted prior to the effective date of a final rule.  Comments on the proposed rule are due by August 23, 2019.

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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....