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
Jan 18
Does Your Employee Handbook Address the Latest New Laws? If Not, It May Be Time for an Upgrade
By: Amy R. Patton, Sharon Shaoulian
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.
Read More »
Insurance Coverage
2020 | Insurance Coverage
2020
Ninth Circuit Rejects Excess Insurer's Attempt to Dispute Exhaustion of Underlying Insurance
By: J. Kelby Van Patten, Jared De Jong
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.
Read More »
Business Litigation
2020 | Business Litigation
2020
Changing Your Terms and Conditions? If So, Your Company Must Provide Express Notice to Consumers
By: David A. Grant
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.
Read More »
E.g., 10/18/2021
E.g., 10/18/2021
Grid View
List View
Legal Alert, Labor and Employment Law
Aug 16 | Legal Alert, Labor and Employment Law
A businessman standing in the window of a high-rise building reading urgent business documents.
Aug 16
Nevada Legislative Update: New Laws Employers Need to Know
By: Megan A. Mackie, Sarah J. Odia
The 81st session of the Nevada legislature passed several new laws with immediate impact for Nevada employers.
Read More »
Case Summary, Labor and Employment Law
Aug 10 | Case Summary, Labor and Employment Law
A man sitting at a desk writing with a pen and paper.
Aug 10
Key California Employment Law Cases: July 2021
By: Alejandro G. Ruiz, Blake A. Dillion, Tyler B. Runge
July's cases include a ruling regarding the terms "regular rate of pay" versus "regular rate of compensation," the statute of limitations in failure to promote cases, changes to terms and conditions of employment after an expiration of collective bargaining agreement, and the statute of limitations for PAGA actions.
Read More »
Legal Alert, Business Litigation
Jul 26 | Legal Alert, Business Litigation
A businessman standing in the window of a high-rise building reading urgent business documents.
Jul 26
SOCIAL MEDIA INFLUENCER MARKETING: CRITICAL ISSUES
By: Philip K. Lem
The NCAA’s recent announcement that college athletes may sell the rights to their names, images and likenesses has created an opportunity for businesses to sign influential college athletes and leverage their considerable social media footprints. Now is an opportune time for any company that contracts with social media influencers to re-examine regulations governing social media endorsements.
Read More »
Legal Alert, Insurance Coverage
Jul 19 | Legal Alert, Insurance Coverage
A businessman standing in the window of a high-rise building reading urgent business documents.
Jul 19
Federal Court: Insurer Breaches Duty to Defend By Insisting it Owes Only a “Defense-Follows-Indemnity” Share of Defense Costs
By: Sarah J. Odia, Scott S. Thomas
In an insurance recovery case being handled by Payne & Fears partners Scott Thomas and Sarah Odia, an Arizona federal court, applying Nevada law, recently held that NGM Insurance Company breached its duty to defend its additional-insured homebuilder by refusing to pay more than a proportionate share of the builder’s defense costs based on what NGM called a “defense-follows-indemnity” formula.
Read More »
Legal Alert, Labor and Employment Law
Jul 15 | Legal Alert, Labor and Employment Law
A businessman standing in the window of a high-rise building reading urgent business documents.
Jul 15
CALIFORNIA SUPREME COURT HOLDS THAT MEAL AND REST PERIOD PREMIUMS MUST BE PAID AT THE “REGULAR RATE OF PAY”
By: Amy R. Patton, Tyler B. Runge
Reversing a court of appeal decision that had been welcome news for employers, the California Supreme Court held today in Ferra v. Loews Hollywood Hotel, LLC, S259172, that the term “regular rate of compensation,” used for calculating meal and rest break premium payments, is synonymous with the term “regular rate of pay,” used for calculating overtime premium payments.
Read More »
Case Summary, Labor and Employment Law
Jul 09 | Case Summary, Labor and Employment Law
A man sitting at a desk writing with a pen and paper.
Jul 09
KEY CALIFORNIA EMPLOYMENT LAW CASES: JUNE 2021
By: Matthew C. Lewis, Sharon Shaoulian, Tyler B. Runge
June's cases include pay rate calculation and labor contract disputes, as well as a ruling on the constitutionality of a California labor regulation.
Read More »
Legal Alert, Business Litigation
Jul 08 | Legal Alert, Business Litigation
A businessman standing in the window of a high-rise building reading urgent business documents.
Jul 08
A Small Business Guide to Proposition 65
By: David A. Grant
Small businesses operating both inside and outside of California may be unaware of Proposition 65 and its implications for their companies. Often a business first becomes aware of Proposition 65 when it receives a Proposition 65 notice threatening legal action and substantial penalties. A company unfamiliar with Proposition 65 or unaccustomed to litigation may find this unnerving. It may be asking what is this? And what should we do? The short answers are: 1) don’t panic; and 2) get in touch with a California Proposition 65 lawyer as soon as you receive the notice.
Read More »
Legal Alert, Business Litigation
Jul 01 | Legal Alert, Business Litigation
A businessman standing in the window of a high-rise building reading urgent business documents.
Jul 01
Five Policies to Help Avoid “Unforced Errors” By New Hires That May Lead To A Trade Secrets Misappropriation Claim
By: Benjamin A. Nix
Company new hires sometimes commit “unforced errors” when departing one company and joining another, leading to trade secrets disputes with the prior employer that could have been prevented by following basic rules and guidelines on departure.
Read More »
Legal Alert, Labor and Employment Law
Jun 18 | Legal Alert, Labor and Employment Law
A businessman standing in the window of a high-rise building reading urgent business documents.
Jun 18
Cal/OSHA Approves COVID-19 Emergency Temporary Standards; Executive Order Makes Them Effective Immediately
By: Leila S. Narvid
On June 17, 2021, California's Occupational Safety and Health Standards Board passed amended COVID-19 Emergency Temporary Standards. Gov. Gavin Newsom issued an Executive Order to make the amended ETS effective as soon as filed with the Secretary of State. The Office of Administrative Law filed them, and the Secretary of State posted them, making the ETS effective immediately. These changes attempt to bring the ETS in alignment with recent changes to California Department of Public Health Order and the latest guidance from the Center for Disease Control.
Read More »

Pages