Insights

Featured Insights

Payne & Fears provides high quality legal and business insights, and we are committed to delivering practical and timely updates for a diverse range of issues, businesses and industries.

Labor and Employment Law
Jan 18 | Labor and Employment Law
This past year brought new laws requiring changes to policies commonly found in California employee handbooks. To ensure compliance with current California law, employers should review and update their handbooks within these first few months of 2021.
Insurance Coverage
2020 | Insurance Coverage
This week, in AXIS Reinsurance Co. v. Northrop Grumman Corp., ____ F.3d ____, 2020 WL 5509743 (9th Cir. Sept. 14, 2020), the Ninth Circuit addressed an important question of first impression: When can an excess insurer second-guess an underlying insurer’s decision to pay a claim? Prior to AXIS Reinsurance, there had been no California or the Ninth Circuit case discussing an excess insurer’s right to make a covered-claims challenge to the exhaustion of underlying insurance, even though policyholders frequently encounter such arguments.
Business Litigation
2020 | Business Litigation
The Ninth Circuit recently reminded companies that they must provide notice to consumers when they change their terms and conditions, even where original terms state that they are subject to change at-will and at any time (i.e. the original contract contains a “change-of-terms” provision). Without express notice to the consumer, any change is unenforceable.
E.g., 10/19/2021
E.g., 10/19/2021
Grid View
List View
Case Summary, Labor and Employment Law
Oct 19 | Case Summary, Labor and Employment Law
A man sitting at a desk writing with a pen and paper.
September's case summaries include rulings on mandatory employment arbitration agreements, the fairness and efficiency of PAGA claim trials, plaintiffs in multiple PAGA claims, and notice in administrative claims.
Legal Alert, Labor and Employment Law
Oct 12 | Legal Alert, Labor and Employment Law
A businessman standing in the window of a high-rise building reading urgent business documents.
On Oct. 7, 2021, Governor Newsom signed into law SB 331, or the “Silenced No More Act,” which updates existing laws to place new restrictions on nondisclosure and non-disparagement provisions in agreements with employees and former employees.
Legal Alert, Labor and Employment Law
Sep 28 | Legal Alert, Labor and Employment Law
A businessman standing in the window of a high-rise building reading urgent business documents.
On Sept. 22, 2021, Governor Newsom signed AB 701, aimed at regulating quotas in warehouse distribution centers, into law. Here is what employers need to know.
Case Summary, Labor and Employment Law
Sep 20 | Case Summary, Labor and Employment Law
A man sitting at a desk writing with a pen and paper.
August's case summaries include issues with proper authentication of records, section 998 offers, and predispute arbitration agreements.
Legal Alert, Labor and Employment Law
Sep 15 | Legal Alert, Labor and Employment Law
A businessman standing in the window of a high-rise building reading urgent business documents.
This morning, in its decision in Chamber of Commerce v. Bonta, No. 20-15291, the Ninth Circuit Court of Appeals vacated a January 2020 preliminary injunction against enforcement of AB 51, a 2019 California law effectively banning mandatory employee arbitration agreements. With the preliminary injunction vacated, the State of California is no longer barred from enforcing this law.
Legal Alert, Labor and Employment Law
Sep 13 | Legal Alert, Labor and Employment Law
A businessman standing in the window of a high-rise building reading urgent business documents.
A California Court of Appeal has held – for the first time – that “trial courts have inherent authority to ensure that PAGA [Private Attorneys General Act] claims will be manageable at trial, and to strike such claims if they cannot be managed.” While other courts have recognized that this authority may exist based on similar contexts, this is the first time a California appellate court has done so. Manageability is an important consideration for defending PAGA claims. This ruling can be used to leverage unmanageability to limit the scope of the claims at trial which, in turn, can reduce the potential liability and encourage settlement.

Pages