Payne & Fears LLP offers a full range of business and litigation services to its clients in three primary practice groups: Labor and Employment, Business Litigation, and Insurance Coverage. Across these practice areas, we represent all types of clients, from multi-national corporations to emerging tech startups to individual insurance policyholders.

Practice Areas

 

Industry Experience

Financial Institutions

Health Care

Real Estate & Construction

Religious Organizations

Restaurants and Hospitality

Restaurants & Hospitality

Retail

Technology & Startups

Testimonials

  • The attorneys at Payne & Fears have the unique ability to size up complex matters and provide well-reasoned solutions. Their knowledge of the law and depth of experience, coupled with the responsive and personal service they provide, all contribute to a strong and valued relationship with our organization.

    - Vice-President of Labor, Publically Traded Silicon Valley Technology Company

  • With over 35 years of in-house counsel and executive operations experience, I have worked with many law firms throughout the U.S. Payne & Fears is at the top of my list of law firms for handling commercial litigation and employment law matters on the West Coast based upon the highest level of competence, responsiveness and cost-effectiveness that has been delivered. They also stand apart with the highest ethical standards and, might I add, a not often seen virtue of humility among their partners.

    - Executive Vice President & General Counsel, National Highway Equipment Dealer and Distributor

  • Your support at Payne and Fears is top rate and it is such a pleasure to work with someone who understands business and offers a conservative, yet aggressive approach – not very easy but something that you seem to demonstrate well!  You are always my first choice of outside counsel.

    - Senior Vice President, Human Resources, International Consumer Goods Company

  • Payne & Fears LLP has represented me and my company for many years. It is an excellent law firm with the highest standards. I have worked with hundreds of attorneys in my career. I get results with Payne & Fears LLP.

    - Small Business Owner

  • I hire Payne & Fears LLP because of certainty--certainty in my receipt of value, in its strategic approach to problem solving, in its integrity of billing, in its candor when evaluating my cases, in its creativity while searching for an economical and fair resolution and in its attorneys’ tenacity throughout the ensuing battle. In a world of unknowns, I value constancy in characteristics that matter most. Payne & Fears LLP delivers that constancy.

    - Chief Litigation Officer, Fortune 500 Company

  • I have had nothing but great experiences with Payne & Fears. The attorneys are knowledgeable and efficient.

    - Counsel, Large Regional Financial Institution

Successes

2018

Payne & Fears LLP Wins Five-Year Battle on Behalf of Client Medway Plastics Corporation

Payne & Fears LLP won a five-year battle on behalf of client Medway Plastics Corporation, ending with the California Court of Appeal upholding dismissals by the arbitrator and trial court.

Two former employees of Medway filed their complaint in 2013.  We moved swiftly to compel arbitration, which the trial court denied. We appealed, and the Court of Appeal agreed with us and ordered arbitration.

When Plaintiffs waited more than a year to file their complaint in arbitration, we moved to dismiss their claims as untimely.  This argument was accepted by the arbitrator, who dismissed the case.  Plaintiffs then appealed, first to the trial court (who agreed with us and the arbitrator) and then to the Court of Appeal.

In its 22-page decision, the Court of Appeal upheld the decisions of the arbitrator and the trial court to dismiss the case.

Medway Plastics Corporation was defended by Phil Lem, who prepared the briefings and argued successfully before the arbitrator, the trial court and twice at the Court of Appeal.

Practice areas: Labor and Employment Litigation, Appellate Law (Labor)

Attorneys: Blake A. Dillion, Daniel F. Fears , Laura Fleming, Philip K. Lem

2018

Payne & Fears LLP Wins TRO Against Former E*TRADE Employee

Payne & Fears LLP client E*TRADE was granted a temporary restraining order by the federal district court in Chicago, barring a former employee—a financial consultant—from using confidential information to solicit E*TRADE’s clients away from the provider and to her new employer, Morgan Stanley. 

In the case E*TRADE Financial Corp. v. Pospisil, evidence showed that the former employee accessed E*TRADE’s customer data shortly before she left the firm. The court deemed it reasonable to infer that she accessed it in order to use the information in her new job after leaving E*TRADE. It was discovered that the former employee had contacted E*TRADE clients, and at least four had transferred their business to Morgan Stanley. According to the court, it appeared undisputed that E*TRADE had taken reasonable measures to ensure the confidentiality of its customer information. E*TRADE also was likely to establish that it was irreparably harmed by the loss of client accounts and that without emergency injunctive relief, the former employee will continue to divert E*TRADE clients to Morgan Stanley.

E*TRADE was defended by Rod Sorensen, Rhianna Hughes, Alejandro Ruiz and Blake Dillion.

This case was also featured in the following publications:

Practice areas: Labor and Employment Litigation, Trade Secret and Unfair Business Practices, Business Litigation, Intellectual Property

Attorneys: Alejandro G. Ruiz, Blake A. Dillion, Rhianna S. Hughes, Rod Sorensen

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