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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.

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. See Cal. Civ. Code § 3426.1(d); 18 U.S.C. § 1839(3).

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 aged 40 and over must satisfy the requirements of the Older Workers Benefit Protection Act (“OWBPA”), which has specific timing, disclosure, and revocation requirements.