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., 10/18/2021
E.g., 10/18/2021
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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.
The 81st session of the Nevada legislature passed several new laws with immediate impact for Nevada employers.
Case Summary, Labor and Employment Law
Aug 10 | Case Summary, Labor and Employment Law
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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.
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.
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.
Legal Alert, Insurance Coverage
Jul 19 | Legal Alert, Insurance Coverage
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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.
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.
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.
Case Summary, Labor and Employment Law
Jul 09 | Case Summary, Labor and Employment Law
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June's cases include pay rate calculation and labor contract disputes, as well as a ruling on the constitutionality of a California labor regulation.
Legal Alert, Business Litigation
Jul 08 | Legal Alert, Business Litigation
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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.
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.
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.
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.
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.

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