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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
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., 02/24/2021
E.g., 02/24/2021
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Legal Alert, Labor and Employment Law
2011 | Legal Alert, Labor and Employment Law
A businessman standing in the window of a high-rise building reading urgent business documents.
A new decision from the California Court of Appeal found that emails sent between an employee and her attorney were not confidential because the emails were sent from a company computer and the employee was informed, through an employee handbook, that emails were not private and could be monitored.
Legal Alert, Labor and Employment Law
2010 | Legal Alert, Labor and Employment Law
A businessman standing in the window of a high-rise building reading urgent business documents.
A new decision from the California Court of Appeal makes it more difficult for employers to enforce arbitration clauses in employment agreements that provide for an award of attorney's fees and costs to the prevailing employer and that allow the parties to seek injunctive relief in court.
Legal Alert, Labor and Employment Law
2010 | Legal Alert, Labor and Employment Law
A businessman standing in the window of a high-rise building reading urgent business documents.
In Reid v. Google, Inc., the California Supreme Court decided two questions, one procedural and one substantive, which will have a substantial impact on an employer's ability to defeat employment litigation via use of a summary judgment motion.
Legal Alert, Insurance Coverage
2010 | Legal Alert, Insurance Coverage
A businessman standing in the window of a high-rise building reading urgent business documents.
On June 28, 2010, the Court of Appeal of the State of California, Fourth Appellate District, certified its June 3, 2010, opinion in Pennsylvania General Ins. Co. v. American Safety Indem. Co. (No. D054522) for publication.
Legal Alert, Labor and Employment Law
2010 | Legal Alert, Labor and Employment Law
A businessman standing in the window of a high-rise building reading urgent business documents.
The United States Supreme Court held in City of Ontario v. Quon that the review of a police officer's text messages sent using an employer-issued pager did not violate his Fourth Amendment rights. While the decision was a victory for the employer, the Court noted that emerging technologies and the rapidly changing ways in which employees communicate in the workplace may impact future determinations of an employee's right to privacy in electronic communications.
Legal Alert, Labor and Employment Law
2010 | Legal Alert, Labor and Employment Law
A businessman standing in the window of a high-rise building reading urgent business documents.
In Martinez v. Combs, the California Supreme Court expanded the definition of "employer" for purposes of liability for unpaid wages under the California Labor Code. The Court adopted three alternative definitions of employer, pursuant to which entities with some control over a worker could be found to be the employer, and thus legally responsible for any unpaid wages.
Publication, Labor and Employment Law
2010 | Publication, Labor and Employment Law
The hands of a man and woman reviewing documents pertaining to their business.
Corporate counsel have to accept it: Blogs and social media have completely re-shaped the landscape. When a mad former employee tries to bring his old company down with him — GCs need to get savvy and fight back.
Legal Alert, Labor and Employment Law
2010 | Legal Alert, Labor and Employment Law
A businessman standing in the window of a high-rise building reading urgent business documents.
On April 15, 2010, President Obama signed the Continuing Extension Act of 2010 that continues the 65 percent subsidy for 15 months for individuals who lost their jobs through May 31, 2010.
Presentation, Labor and Employment Law
2010 | Presentation, Labor and Employment Law
An open laptop displaying a paragraph in a document.
Eric C. Sohlgren, Partner, recently delivered his third annual address to the Orange County Bar Association on recent developments in employment law practice.

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