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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
Feb 03 | Labor and Employment Law
Feb 03
OSHA Issues Guidance On Mitigating, Preventing Spread of COVID-19 in the Workplace
By: Amy R. Patton, Blake A. Dillion
On January 29, 2021, the Occupational Safety and Health Administration (“OSHA”) issued new employer guidance on mitigating and preventing the spread of COVID-19 in the workplace. This guidance is intended to help employers and workers outside the healthcare setting to identify risks of being exposed to and of contracting COVID-19 and to determine any appropriate control measures to implement. While this guidance is largely duplicative of prior OSHA and Centers for Disease Control and Prevention (“CDC”) guidance and recommendations, it contains a few new and updated recommendations that employers should note.
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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.
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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.
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E.g., 09/25/2021
E.g., 09/25/2021
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Legal Alert, Labor and Employment Law
2020 | Legal Alert, Labor and Employment Law
A businessman standing in the window of a high-rise building reading urgent business documents.
2020
Small Businesses - Are You Exempt from the Families First Coronavirus Response Act?
By: Amy R. Patton, Rana Ayazi
The Department of Labor (“DOL”) has the authority to exempt small businesses from providing paid leave benefits under the Families First Coronavirus Response Act if it “would jeopardize the viability of the business as a going concern.” This simple three-step guide will break down whether or not you qualify for the exemption.
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Legal Alert, Business Litigation
2020 | Legal Alert, Business Litigation
A businessman standing in the window of a high-rise building reading urgent business documents.
2020
IRS Notice 2020-18 Automatically Extends Deadline to File and Pay Income Taxes to July 15, 2020
By: Robert Tadashi Matsuishi
On March 21, 2020, the Treasury Department and the Internal Revenue Service issued Notice 2020-18, which announced that the federal income tax filing and payment due date is automatically extended from April 15, 2020, to July 15, 2020. The change came just two days after the federal income tax payment deadline was extended to July 15, 2020.
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Legal Alert, Business Litigation
2020 | Legal Alert, Business Litigation
A businessman standing in the window of a high-rise building reading urgent business documents.
2020
Frustration of Purpose and Impracticability of Contracts Due to COVID-19
By: Sarah J. Odia, Scott O. Luskin
With non-essential businesses in many states either closed or operating in a limited capacity due to COVID-19, many companies are unable to perform existing contracts. While the basic premise under most U.S. law is that contracts must be kept and performed, an extraordinary circumstance may make performance so vitally different from what was reasonably expected as to relieve performance.
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Legal Alert, Labor and Employment Law
2020 | Legal Alert, Labor and Employment Law
A businessman standing in the window of a high-rise building reading urgent business documents.
2020
COVID-19 and Paid Leave: What Do I Pay My Employees Now??
By: Daniel F. Fears, Matthew C. Lewis, Rana Ayazi
New legislation enacted. New guidance constantly being released. It’s hard to keep track of how much you now must pay your employees. Payne & Fears has made the process easy with this “cheat sheet.”
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Legal Alert, Labor and Employment Law
2020 | Legal Alert, Labor and Employment Law
A businessman standing in the window of a high-rise building reading urgent business documents.
2020
Coronavirus Aid, Relief, and Economic Security Act (The CARES Act) - SBA Loans for Business
By: James R. Moss, Jr., Richard K. Zepfel
Titles I and IV of the CARES Act provide financial relief to businesses during the COVID-19 pandemic, incentivizing companies to retain employees and maintain compensation levels.
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Legal Alert, Labor and Employment Law
2020 | Legal Alert, Labor and Employment Law
A businessman standing in the window of a high-rise building reading urgent business documents.
2020
Title II of The CARES Act Includes Various Tax Relief Provisions For Businesses
By: Richard K. Zepfel, Robert Tadashi Matsuishi
Title II of the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) provides a number of tax relief provisions for businesses. The provisions are aimed at increasing liquidity and reducing costs of capital, so that businesses can continue operating and keep employees on payroll.
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Legal Alert, Labor and Employment Law
2020 | Legal Alert, Labor and Employment Law
A businessman standing in the window of a high-rise building reading urgent business documents.
2020
The CARES Act Affects Emergency Paid Leave, Unemployment Insurance, and ERISA
By: Amy R. Patton, Rana Ayazi
On March 27, 2020, President Donald Trump signed the bipartisan Coronavirus Aid, Relief, and Economic Security Act, otherwise known as the CARES Act, (S.3548) into law. Portions of the CARES Act intertwine with the Families First Coronavirus Response Act, Unemployment Insurance, and ERISA.
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Legal Alert, Labor and Employment Law
2020 | Legal Alert, Labor and Employment Law
A businessman standing in the window of a high-rise building reading urgent business documents.
2020
Families First Coronavirus Response Act: How to Measure the 500-Employee Threshold With More Than One Potential Employer
By: Amy R. Patton, Tyler B. Runge
The Families First Coronavirus Response Act (“FFCRA”) sets a 500-employee threshold for purposes of the emergency paid sick leave and family medical leave expansion provisions. Many employers raise the question of whether that 500-employee threshold is met by combining employees from multiple subsidiaries or other related entities, or whether such entities remain distinct for purposes of employee count.
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Article, Business Litigation
2020 | Article, Business Litigation
A table with a green plant, coffee cup, and a stack of print publications.
2020
Do You Have to Pay Rent During a Pandemic?
By: Scott O. Luskin, Thomas L. Vincent
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