Fractional General Counsel

  • California Local Minimum Wage Increases Take Effect July 1, 2026

    ByStaff

    California employers should prepare for another round of local minimum wage increases taking effect on July 1, 2026. While the statewide minimum wage increased to $16.90 per hour on January 1, many cities and counties continue to require higher local minimum wages based on inflation and local ordinances. Employers must pay the highest applicable minimum wage, whether required by state law, a local ordinance, or an industry-specific wage requirement.

  • Claim Language Controls: A Federal Circuit Reminder That Your Specification Won’t Save Poorly Drafted Claims

    ByStaff

    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 A recent nonprecedential decision from the U.S. Court of Appeals for the Federal Circuit, Dynapass IP Holdings LLC v. Bank of America Corporation (June 11, 2026), reinforces this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.

  • Common Law Trademark

    ByStaff

    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”).

  • Shielding Workers from AI Displacement Cal. Governor’s Executive Order

    ByStaff

    California Governor Gavin Newsom’s Executive Order N-6-26, signed on May 21, 2026, directs California agencies to study the impact of artificial intelligence on the workforce and recommend potential updates to labor and employment laws. Although the order does not create any immediate compliance obligations for employers, it signals the state’s growing focus on AI-related job displacement and could serve as the foundation for future legislation or regulations. One key area of review is the California WARN Act, with state officials tasked with evaluating whether layoff notification requirements should be expanded to address workforce reductions caused by AI and automation.

  • California Continues Aggressive Enforcement of Independent Contractor Misclassification Under AB5

    ByStaff

    California employers and businesses relying on independent contractors continue to face sustained enforcement and litigation risk under the state’s ABC test framework established by AB5 and subsequent case law. In 2026, enforcement actions by state agencies and private plaintiffs have increasingly focused on industries such as logistics, healthcare staffing, construction, and professional services, where worker classification issues remain highly contested. Courts continue to evaluate whether businesses have properly classified workers as independent contractors or whether they should be deemed employees entitled to wage-and-hour protections.

  • EEOC Announces New National Enforcement Plan for 2026

    ByStaff

    On June 4, 2026, the Equal Employment Opportunity Commission (EEOC) released its new National Enforcement Plan, outlining the agency’s priorities for workplace discrimination investigations and litigation. The Plan signals a notable shift in enforcement strategy, with increased scrutiny of employment practices that may involve race- or sex-based decision-making, including certain diversity, equity, and inclusion (DEI) initiatives. The EEOC indicated that hiring, promotion, internship, fellowship, and other employment programs that consider protected characteristics may receive heightened attention.

    The Plan also reflects a significant departure from prior enforcement efforts by largely moving away from pursuing disparate impact claims and instead focusing on evidence of intentional discrimination. At the same time, the agency identified several additional priority areas, including religious accommodation, anti-American national origin discrimination, retaliation, systemic harassment, and protections for vulnerable workers. The EEOC further signaled its intent to pursue cases that may clarify unsettled areas of employment law, particularly those involving DEI programs, religious accommodations, workplace policies related to sex-based classifications, and the Pregnant Workers Fairness Act.

    Employers should take this opportunity to review employment policies, hiring and promotion practices, accommodation procedures, compensation decisions, and workplace training programs. Maintaining clear documentation, applying policies consistently, and ensuring employment decisions are based on legitimate, lawful criteria will be critical in minimizing risk as the EEOC implements its new enforcement priorities.

    If you would like more information on this topic, please contact us at info@mnklawyers.com.

    This material is provided for informational purposes only. It is not intended to constitute legal advice, nor does it create a client-lawyer relationship between MNK Law and any recipient. Recipients should consult with counsel before taking any actions based on the information contained within this material.

  • What Employers Should Do After Receiving a Demand Letter or Agency Charge

    ByShakti Vadgama

    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.

  • California Employers Face Growing Scrutiny as Wage-and-Hour Litigation Continues to Rise

    ByStaff

    California employers continue to face significant wage-and-hour litigation risks as employee lawsuits remain one of the most active areas of workplace litigation across the state. Recent reports indicate that wage-and-hour claims have become the most frequently filed type of complex employment litigation, with disputes involving unpaid wages, meal and rest breaks, overtime compensation, and wage statement violations driving substantial settlements and judgments. Employers are increasingly finding that even minor compliance errors can result in costly class actions and representative claims under California’s Private Attorneys General Act (PAGA).

  • “Skinny” Labels at the Supreme Court: Why Hikma v. Amarin Matters

    ByStaff

    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.

  • Trademark Filing

    ByStaff

    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.