Every U.S. employer is required to verify the identity and work authorization of each employee by completing Form I-9. Failing to properly complete, retain, or update I-9 forms can result in costly fines, even if all employees are legally authorized to work. As immigration enforcement efforts continue to increase, businesses of all sizes should ensure their hiring and recordkeeping practices meet federal requirements.
A well-written job description is more than a recruiting tool. It establishes clear expectations for employees, helps managers evaluate performance, and can play an important role in reducing legal risk. Outdated, vague, or inaccurate job descriptions can create confusion, hinder hiring efforts, and make it more difficult for employers to defend employment decisions if they are later challenged.
One of the most effective ways for California employers to reduce legal risk is to maintain consistent and accurate employee documentation. Performance concerns, attendance issues, policy violations, coaching sessions, and disciplinary actions should be documented promptly and objectively. Clear documentation helps demonstrate that employment decisions are based on legitimate business reasons rather than unlawful discrimination, retaliation, or other improper motives. Employers should also apply workplace policies consistently and retain records in accordance with applicable legal requirements.
Confidential business information is often one of a company’s most valuable assets. Customer lists, pricing strategies, financial data, proprietary processes, and other sensitive information provide businesses with a competitive advantage. Without appropriate safeguards, however, confidential information can be misused, disclosed, or taken by current or former employees, resulting in significant legal and financial consequences.
Patent owners who enforce their rights in litigation routinely confront a hard truth: a patent’s scope is defined by the precise wording of its claims, not by the broader range of technology described in the specification. A recent nonprecedential decision from the U.S. Court of Appeals for the Federal Circuit, Dynapass IP Holdings LLC v. Bank of America Corporation (June 11, 2026), reinforces this principle and offers a cautionary lesson for technology companies and inventors about the lasting consequences of claim drafting decisions.
Trademark rights can arise without federal registration. A commonly cited example is THE ORIGINAL BURGER KING in Mattoon, Illinois, which has operated independently of the national BURGER KING® chain based on common law trademark rights established through prior local use. These rights, known as common law trademark rights, are generally established through actual use of a name, logo, slogan, or other identifier in commerce. Common law rights may provide limited legal protection within the geographic area where the mark is used and recognized by consumers. As a result, a business may possess some enforceable trademark rights even if it has never filed an application with the United States Patent and Trademark Office (“USPTO”).
Receiving a demand letter from an employee’s attorney or a charge from a government agency such as the Equal Employment Opportunity Commission (EEOC) can be unsettling for any employer. However, the manner in which a business responds during the early stages of a claim can significantly impact the outcome. Employers should resist the urge to react emotionally or make immediate decisions before fully assessing the allegations and the facts at issue.
Pharmaceutical patent disputes increasingly turn on questions of label design and commercial speech, where the brand-name manufacturer, the generic applicant, and the federal regulator may all share an interest in the same product information. When a generic enters the market under a so-called “skinny label,” carving out a patented use while retaining the unpatented ones, the line between lawful competition and induced infringement can become hard to draw. A clear and predictable rule helps generic manufacturers plan launches, encourages early competition for unpatented uses, and ultimately influences the price patients pay for drugs at the pharmacy counter. The Supreme Court is now poised to address that line in Hikma Pharmaceuticals USA Inc. v. Amarin Pharma, Inc., its first patent decision since 2023, with a ruling expected before the summer recess.
A trademark filing and successful registration helps protect a business’s brand identity by granting exclusive rights to its name, logo, or slogan. A federal filing is the initiation of a complex legal process with the USPTO. It often times requires responses to Office Actions, filing Statements of Use (if necessary), and addressing third party challenges at the Trademark Trial and Appeal Board. Legal protection through trademark registration can prevent competitors from using confusingly similar branding and helps establish trust with customers. For example, businesses that sell products or services may protect multiple brands within a trademark portfolio, making it easier to market different product or service lines or license brands belonging to the business.
Workplace investigations present unique challenges for staffing firms, where multiple parties, including the staffing agency, client company, and assigned employee, may all be involved. When misconduct allegations arise, employers must act promptly and thoughtfully to manage risk and maintain credibility. A delayed or poorly handled response can increase exposure, while a structured and timely investigation can help mitigate liability and demonstrate a commitment to workplace compliance.