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Resources
May 28, 2026
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
Resources
May 21, 2026
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
News
May 19, 2026
The U.S. Department of Labor’s Wage and Hour Division recently released a proposed joint employer rule that could significantly impact the PEO industry. The proposal outlines a four-factor test used to determine when two businesses may be considered joint employers under the FLSA, FMLA, and MSPA. No single factor is determinative — instead, the analysis looks at whether a business
Resources
May 8, 2026
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.
News
May 6, 2026
California Pay Transparency Law: Employer Requirements Under SB 1162 California has implemented pay transparency requirements through California Senate Bill 1162, which amended Labor Code § 432.3. These provisions impose specific obligations on employers regarding pay scale disclosures and recordkeeping. Pay Scale Disclosure Requirements Under California Senate Bill 1162, employers with 15 or more employees must include the pay scale for a position in any job posting. This requirement also applies to job postings made through third parties on behalf of the employer. In addition: Employers must provide the pay scale for a position to a current employee upon reasonable request
Resources
April 24, 2026
Trade secrets are among the most valuable intangible assets held by small and midsize businesses, particularly those employing technical personnel, R&D staff, or key executives with access to proprietary information. In California, trade secret protection is governed primarily by the California Uniform Trade Secrets Act ("CUTSA"), Cal. Civ. Code §§ 3426–3426.11, and, at the federal level, the Defend Trade Secrets Act of 2016 ("DTSA"), 18 U.S.C. §§ 1836 et seq. Both statutes define a trade secret as information that derives independent economic value from not being generally known and that is the subject of reasonable efforts to maintain its secrecy.
News
April 21, 2026
California’s Assembly Bill 692 (AB 692), effective January 1, 2026, significantly limits the use of employee repayment and “stay-or-pay” provisions. Employers should review their agreements now to ensure compliance with the new requirements. What the Law Changes AB 692 generally prohibits employers from requiring employees to agree to provisions that impose financial consequences when employment ends. This includes terms that: • Require repayment of a debt upon separation • Allow or accelerate collection of an alleged debt • Impose fees, penalties, or costs tied to leaving employment
Resources
April 17, 2026
Separation agreements are a common tool used by businesses to formalize the terms of an employee’s departure. These agreements typically include provisions addressing severance pay, benefits continuation, confidentiality, and a release of claims. At the core of most separation agreements is the release of claims, where the employee agrees to waive certain legal rights in exchange for payment. This is usually in the form of severance pay or other benefits not otherwise owed. For the release to be enforceable, it must be knowing and voluntary, and it must comply with applicable federal and state laws. For example, agreements involving employees
News
April 14, 2026
As of March 31, 2026, Occupational Safety and Health Administration (OSHA) announced it will no longer cite employers for failing to record COVID‑19 cases or report COVID‑19 hospitalizations or fatalities under 29 CFR 1904. This aligns OSHA’s COVID-19 policy with cases involving the common cold and flu, both of which are exempt from recordkeeping obligations.
Resources
April 9, 2026
Under California employment law, particularly the Fair Employment and Housing Act (FEHA), separate business entities may, in certain circumstances, be treated as a single employer for liability purposes. This doctrine prevents businesses from avoiding compliance or liability by fragmenting operations across multiple related entities. When applied, employees of one entity may pursue FEHA claims (such as discrimination, harassment, retaliation, or failure to accommodate) against affiliated entities deemed part of the same integrated enterprise.
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