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
2021 | Labor and Employment Law
On Dec. 15, the United States Supreme Court agreed to take up what promises to be the most consequential PAGA case in nearly a decade.
Insurance Coverage
2021 | Insurance Coverage
On Oct. 28, 2021, the Nevada Supreme Court in Zurich American Insurance Company v.. Ironshore Specialty Insurance Company, 137 Nev. Adv. Op. 66, held that an insured can rely on extrinsic facts to show that an insurer has a duty to defend the insured, as long as the facts were available to the insurer at the time the insured tendered the claim. The court also held that an insured has the burden of proving that an exception to an exclusion in an insurance policy applies to create a duty to defend.
Business Litigation
2021 | Business Litigation
The Federal No Surprises Act goes into effect on January 1, 2022 and contains provisions designed to protect insured patients from unexpected hospital and physician bills when they receive emergency services in an out of network hospital. Unfortunately, the interim final rules issued by the Department of the Treasury, the Department of Labor, and the Department of Health and Human Services purport to impose significant restrictions on provider reimbursement that contravene clear statutory language.
E.g., 01/24/2022
E.g., 01/24/2022
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Legal Alert, Labor and Employment Law
Jan 14 | Legal Alert, Labor and Employment Law
A businessman standing in the window of a high-rise building reading urgent business documents.
The newest version of the Cal/OSHA ETS goes into effect today, Jan. 14, 2022, and will expire on April 15, 2022. The newest Cal/OSHA ETS, which was drafted prior to Dec. 16, 2021, is already partially out-of-date based on the California Department of Public Heath’s Guidance For the Use of Masks (released Jan. 5, 2022) and the CDPH’s Guidance for Local Health Jurisdictions on Isolation and Quarantine of the General Public (released Jan. 8, 2022); these changes have been addressed in the Cal/OSHA ETS FAQs.
Case Summary, Labor and Employment Law
Jan 07 | Case Summary, Labor and Employment Law
A man sitting at a desk writing with a pen and paper.
December's case summaries include rulings on wage statements, wrongful death actions filed against a spouse's employer, and PAGA settlements.
Legal Alert, Labor and Employment Law
2021 | Legal Alert, Labor and Employment Law
A businessman standing in the window of a high-rise building reading urgent business documents.
On Dec. 15, the United States Supreme Court agreed to take up what promises to be the most consequential PAGA case in nearly a decade.
Legal Alert, Labor and Employment Law
2021 | Legal Alert, Labor and Employment Law
A businessman standing in the window of a high-rise building reading urgent business documents.
Gov. Gavin Newsom closed California’s 2020-2021 Legislative Session with a flurry of bill signings, many of which created and/or updated employment-related laws. A few of these bills were “emergency bills” which became effective immediately (such as the COVID-related right to rehire and sick pay laws), while others do not become effective until Jan. 1, 2022. Employers should ensure that their policies, procedures, and systems comply with these new and updated laws.
Publication, Labor and Employment Law
2021 | Publication, Labor and Employment Law
The hands of a man and woman reviewing documents pertaining to their business.
Robert T. Matsuishi 's article, "Avoid Speculation and be Clear When you Convey a Section 998 Offer to Compromise," appeared in the Fall 2021issue of the Orange County Association of Business Trial Lawyers Report.
Article, Labor and Employment Law
2021 | Article, Labor and Employment Law
A table with a green plant, coffee cup, and a stack of print publications.
Ethical behavior is vital to a business’s reputation with both the public and its workforce, and society is paying close attention to how businesses, and individuals, respond to the many issues that affect our daily lives. It is important to set yourself up for success by implementing an ethical approach to decision making.
Publication, Insurance Coverage
2021 | Publication, Insurance Coverage
The hands of a man and woman reviewing documents pertaining to their business.
When COVID-19 ground the world to a halt, policyholders and insurance-coverage attorneys made predictions about the effectiveness of insurance against coronavirus-related losses. And the outlook wasn’t great. This article examines a few of these predictions and how they played out. Understanding these issues will help policyholders better plan for, and protect themselves from, future outbreaks.
Legal Alert, Business Litigation
2021 | Legal Alert, Business Litigation
A businessman standing in the window of a high-rise building reading urgent business documents.
The Federal No Surprises Act goes into effect on January 1, 2022 and contains provisions designed to protect insured patients from unexpected hospital and physician bills when they receive emergency services in an out of network hospital. Unfortunately, the interim final rules issued by the Department of the Treasury, the Department of Labor, and the Department of Health and Human Services purport to impose significant restrictions on provider reimbursement that contravene clear statutory language.
Legal Alert, Labor and Employment Law
2021 | Legal Alert, Labor and Employment Law
A businessman standing in the window of a high-rise building reading urgent business documents.
On Sept. 9, 2021, President Joe Biden announced his COVID-19 Action Plan. The Action Plan called on the Department of Labor’s Occupational Safety and Health Administration (“OSHA”) to develop a rule requiring all employers with 100 or more employees to ensure their workforce is fully vaccinated or require any workers who remain unvaccinated to produce a negative test result on at least a weekly basis before coming to work. In response, on Nov. 4, 2021, OSHA released the rule in the form of an Emergency Temporary Standards (“OSHA ETS”).

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