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., 02/24/2021
E.g., 02/24/2021
Grid View
List View
Legal Alert, Business Litigation
2010 | Legal Alert, Business Litigation
A businessman standing in the window of a high-rise building reading urgent business documents.
Late last year, the California Supreme Court decided Roby v. McKesson Corporation. One of the central holdings of Roby was that, on its specific facts, the constitutional maximum for a punitive damages award in the discrimination and harassment case consisted of a 1:1 ratio between compensatory and punitive damages. As a result, a jury award of $15 million in punitive damages ultimately was rolled back to just over $1.9 million.
Legal Alert, Labor and Employment Law
2009 | Legal Alert, Labor and Employment Law
A businessman standing in the window of a high-rise building reading urgent business documents.
On November 30, 2009, in Roby v. McKesson Corporation, the California Supreme Court ruled on two significant issues for California employers: (1) whether evidence of personnel actions can support harassment claims; and (2) whether the amount of punitive damages awarded was constitutionally excessive. The Court answered both questions in the affirmative.
Legal Alert, Labor and Employment Law
2009 | Legal Alert, Labor and Employment Law
A businessman standing in the window of a high-rise building reading urgent business documents.
On October 28, 2009, President Obama signed the National Defense Authorization Act of 2010 ("NDAA 2010") into law.
Article, Business Litigation
2009 | Article, Business Litigation
A table with a green plant, coffee cup, and a stack of print publications.
Erik Andersen published "Is the UTSA Swallowing the Law of Unfair Competition in California?" in the Orange County Lawyer.
Article, Business Litigation
2009 | Article, Business Litigation
A table with a green plant, coffee cup, and a stack of print publications.
Benjamin A. Nix published "Stemming the Tide of Foreclosures - Recent Developments in Mortgage Foreclosure Legislation" in the Orange County Lawyer.
Publication, Business Litigation
2009 | Publication, Business Litigation
The hands of a man and woman reviewing documents pertaining to their business.
Daniel M. Livingston published ""Mandatory Mediation" Provisions May Trap Unwary Defendant Prevailing Parties" in the Orange County Lawyer.
Article, Labor and Employment Law
2009 | Article, Labor and Employment Law
A table with a green plant, coffee cup, and a stack of print publications.
In The Retirement Group v. Galante, a California Court of Appeal held that customer non-solicitation agreements are enforceable only to the extent they prohibit former employees from using trade secrets to solicit their former employer's customers.
Legal Alert, Labor and Employment Law
2009 | 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 in Hernandez v. Hillsides that the defendant employer did not violate employee privacy rights by installing a hidden camera aimed at catching a person viewing online pornography in the workplace after business hours.
Legal Alert, Labor and Employment Law
2009 | Legal Alert, Labor and Employment Law
A businessman standing in the window of a high-rise building reading urgent business documents.
In a pair of companion cases, the California Supreme Court ruled on two major issues for employers facing workplace violation suits.

Pages