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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
Jul 12 | Labor and Employment Law
Jul 12
Key California Employment Law Cases: June 2022
By: Matthew C. Lewis, Megan A. Mackie, Nicole R. Kardassakis, Tyler B. Runge
June's case summaries include decisions on arbitrating PAGA claims, class actions involving staffing agencies, and guidance from the California courts on wage-statement obligations for overtime true-up payments.
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Insurance Coverage
May 24 | Insurance Coverage
May 24
California Appellate Court Rules That Mistakenly Grading the Wrong Land Is Not an Accident
By: Jared De Jong, Scott S. Thomas
In a decision that further muddies the already murky waters of “occurrence” jurisprudence, the California Court of Appeal has ruled that a general liability policy does not cover a homeowner who mistakenly grades the wrong piece of land because the act of grading land is not “accidental.”
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Business Litigation
Jul 27 | Business Litigation
Jul 27
Business Partners Beware: Siry Decision Likely Gives Commercial Disputes More Bite
By: Benjamin A. Nix, Scott O. Luskin
The California Supreme Court last week issued a decision in Siry Investments vs. Saeed Farkhondehpour that could dramatically expand the remedies available to partners or others in a commercial dispute who are victims of financial theft related to company assets and funds. Section 496(a) criminalizes the receipt of stolen property and provides for treble damages and attorney’s fees for the party suffering the loss. In a surprise opinion, the Supreme Court decided that Penal Code section 496 can apply any time there is a diversion of money or assets from a partnership, limited liability company or other business provided that the requisite criminal intent to deprive others of those funds can be shown. For the plaintiff in Siry, applying section 496 increased the outcome by many millions. The Siry decision likely will make available to plaintiffs in certain business disputes remedies of treble damages and attorney’s fees that ordinarily are not available for similar claims in other contexts.
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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
Employer Uncertainty Looms From Today's Requirement for Most Schools to Remain Closed
By: Amy R. Patton
This promises to be the year that requires businesses to be highly adaptable in meeting staffing needs while supporting employees with school-age children. In today’s press conference, Gov. Gavin Newsom announced schools in counties on the County Data Monitoring list may not physically reopen school campuses for in-person instruction this coming fall until certain criteria are met. This mandate is applicable to private and public schools.
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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
New California Shutdowns Affect ALL Counties
By: Amy R. Patton
California Gov. Gavin Newsom has ordered the closure of certain indoor businesses across the entire state of California. He has also placed additional restrictions on 30 counties, including Orange, Los Angeles, and San Diego. The strict shutdowns are being put into place as a response to a surge of COVID-19 cases within the state.
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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
Supreme Court Makes More Robocalls Illegal and Will Determine What Is a Robocall Soon
By: Randy R. Haj, Scott O. Luskin
In 2015 Congress excluded robocalls to collect government debts from regulation. In Barr v. American Association of Political Consultants, the Supreme Court deemed that exception unconstitutional because it favored certain types of speech.
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Case Summary, Labor and Employment Law
2020 | Case Summary, Labor and Employment Law
A man sitting at a desk writing with a pen and paper.
2020
Key California Employment Law Cases: June 2020
By: Philip K. Lem, Tyler B. Runge
This month's key employment law cases involve discrimination, wage and mileage reimbursement, and more.
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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
United States Supreme Court Clarifies the Scope of the Ministerial Exception
By: Alejandro G. Ruiz
In Our Lady of Guadalupe School v. Morrissey-Berru, 591 U.S. ___, 2020 WL 3808420 (2020) (“Morrissey-Berru”), the United States Supreme Court provided further guidance on the application of the “ministerial exception,” which provides religious organizations with a defense against generally applicable employment laws in the selection or retention of employees who perform certain tasks involving preaching, teaching, and counseling.
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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
Compliant Policies Help Employer Defeat Wage Claims on Summary Judgment
By: Daniel F. Fears
In David v. Queen of the Valley Medical Center (QVMC), 2020 WL 3529683 (certified for publication Cal. Ct. App. June 30, 2020), the employer’s legally compliant policies were crucial in getting the California Court of Appeal to dismiss a case before trial.
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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
LA County Changes COVID-19 Guidance
By: Amy R. Patton
Los Angeles County has been the epicenter of COVID-19 in California, and it is only getting worse. The Los Angeles County Department of Public Health (LA Department of Public Health) recently announced that daily hospitalizations have been significantly higher than in past weeks. Accordingly, LA County released new and updated guidance to help stop the spread of COVID-19 within the workplace. The guidance includes more stringent employee screenings, requirements to report a cluster of confirmed COVID-19 cases, updates to LA County Reopening Protocols, and requirements that all employees who have regular contact with others wear a face covering or an alternative, regardless of medical conditions.
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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
California Supreme Court Addresses Critical Wage-and-Hour Issues for Employers Involved in Interstate Transportation and with Non-Traditional Compensation Plans
By: Daniel F. Fears, Tyler B. Runge
In a pair of overlapping opinions issued today – Ward v. United Airlines, Inc. and Oman v. Delta Air Lines, Inc. – the California Supreme Court addressed a wide variety of unsettled questions in California wage-and-hour law.
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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
A Quick Compliance Checklist Before the July 1 Enforcement of the CCPA
By: David A. Grant, Leilani E. Jones
The window for getting up to speed on California Consumer Privacy Act requirements is rapidly closing. The state Attorney General’s final version of the regulations goes into effect on July 1. This article provides a practical checklist for your company to evaluate now.
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