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
Feb 03 | Labor and Employment Law
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.
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., 08/03/2021
E.g., 08/03/2021
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Legal Alert, Insurance Coverage
Mar 22 | Legal Alert, Insurance Coverage
A businessman standing in the window of a high-rise building reading urgent business documents.
The Texas Supreme Court has accepted certified questions from Fifth Circuit Court of Appeals to clarify Texas’ eight-corners rule for determining the existence of a duty to defend.
Legal Alert, Labor and Employment Law
Mar 22 | Legal Alert, Labor and Employment Law
A businessman standing in the window of a high-rise building reading urgent business documents.
On March 19, 2021, Governor Gavin Newsom signed into law SB 95, thereby expanding California’s COVID supplemental paid sick leave provisions (“COVID leave”). California’s prior supplemental paid sick leave requirements (which flowed initially from the governor’s executive action, and then from AB 1867) expired on Dec. 31, 2020. SB 95, which extends and expands those prior protections, applies retroactively to Jan. 1, 2021. The leave requirements will run through Sept. 30, 2021, with the exception that if an employee is on COVID leave at the time the law expires, the employee will be entitled to the full amount of leave required, even if the leave extends beyond the expiration of the law. Below are the key elements of the new law that employers should be aware of.
Article, Insurance Coverage
Mar 16 | Article, Insurance Coverage
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One year ago, when the COVID-19 pandemic ground the world to a halt, our firm’s virtual offices were inundated with calls from policyholders, asking if their current and projected losses due to the pandemic would be covered by insurance.
Legal Alert, Insurance Coverage
Mar 15 | Legal Alert, Insurance Coverage
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The Nevada Supreme Court held that insurers may seek reimbursement of defense costs if a court determines that it owed no duty to defend and the insurer reserved reimbursement rights.
Legal Alert, Business Litigation
Mar 15 | Legal Alert, Business Litigation
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A recent case in the Northern District of California presents a reminder that hospital systems need to consider antitrust issues when negotiating multi-hospital contracts with health plans. Unfortunately, even when hospitals reach mutually satisfactory agreements with health plans, the contracts are still subject to attack by third parties that view the contracts as anticompetitive.
Legal Alert, Labor and Employment Law
Mar 11 | Legal Alert, Labor and Employment Law
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On March 11, 2021, President Biden signed H.R.1319 - American Rescue Plan Act of 2021 (“Rescue Plan”) into law—a $1.9 trillion stimulus bill. Here are five things every employer should know about the bill.
Legal Alert, Insurance Coverage
Mar 11 | Legal Alert, Insurance Coverage
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The California Court of Appeal issued an important decision that may significantly impact how settlement opportunities are evaluated in catastrophic liability claims.
Case Summary, Labor and Employment Law
Mar 09 | Case Summary, Labor and Employment Law
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Legal Alert, Labor and Employment Law
Feb 25 | Legal Alert, Labor and Employment Law
A businessman standing in the window of a high-rise building reading urgent business documents.
The California Supreme Court held that employers cannot use the practice of rounding time punches in the meal period context, and that unrounded time records that show noncompliant meal periods raise a rebuttable presumption of meal period violations, including at the summary judgment stage. Donohue v. AMN Services, LLC, No. S253677 (February 25, 2021).

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