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

 

Testimonials

  • 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
  • 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
  • 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

Successes

Nov 13

Unlicensed Contractor Agrees to Drop Million Dollar Suit Against SpaceX

SpaceX hired Payne & Fears to defend a case brought by a former contractor seeking to collect on what it claimed were over $1 million in unpaid invoices. Payne & Fears asserted the contractor could not recover because it was unlicensed. The contractor tried avoid California’s strict licensing law, but the trial court rejected the plaintiff’s arguments.

In a published decision, the Court of Appeal affirmed that the contractor could not evade the licensing requirements. The appellate court did, however, permit the contractor to try to recover for items that did not require a license. Rather than pursue the case, the contractor walked away to avoid a cross-complaint by SpaceX seeking reimbursements for previous payments made for work requiring a license.

SpaceX was defended by Scott Luskin, Ben Nix, Bobby Matsuishi, and Erik Andersen (on appeal).

Practice areas: Business Litigation, Appellate Law (Business)

Attorneys: Benjamin A. Nix, Erik M. Andersen, Robert T. Matsuishi, Scott O. Luskin

Sep 21

Final Approval of $25M TCPA Lawsuit Granted

Payne & Fears LLP received a major victory in the RehabCare Group Telephone Consumer Protection Act ("TCPA") litigation in the Eastern District of California.

Judge Dale A. Drozd released his decision granting final approval of the $25 million class settlement the Firm had obtained for recipients of "Polaris Group" junk faxes. In its 24-page decision, the court concluded that the settlement easily qualified as "fair, reasonable, and adequate."

Over the course of several years, long-term care facilities across the country had been blanketed with faxes promoting Polaris Group products and services. Two prior lawsuits did not bring relief to the targeted and victimized facilities.

In this case, Judge Drozd regarded the $25 million class recovery as "exceptional, because it is the third-largest TCPA settlement in the Ninth Circuit in recent years." The court also noted that the automatic distribution to all class members, rather than merely those who submit claims, produced a recovery "more on a per-violation basis than many TCPA settlements of which this court is aware."

This is believed to be the third-largest recovery for junk fax violations in the 26-year history of the TCPA. Payne & Fears LLP attorneys Darryl Cordero, Scott Luskin, Matt Brown, Phil Lem, and Lani Jones were part of the team assisting with the prosecution of this case.

Practice areas: Business Litigation

Attorneys: C. Darryl Cordero, Leilani L. Jones, Matthew K. Brown, Philip K. Lem, Scott O. Luskin