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
Jan 18 | Labor and Employment Law
This past year brought new laws requiring changes to policies commonly found in California employee handbooks. To ensure compliance with current California law, employers should review and update their handbooks within these first few months of 2021.
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., 10/19/2021
E.g., 10/19/2021
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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.
On October 9, 2011, Governor Brown signed legislation that prohibits the willful misclassification of individuals as independent contractors. The new law creates civil penalties of between $5,000 and $25,000 for each willful misclassification of a worker.
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.
In Salas v. Sierra Chemical Co., the California Court of Appeal held that an employee not authorized to work in the United States could not pursue discrimination and retaliation employment claims.
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.
The United States Supreme Court has ruled that federal arbitration law clears the way for arbitration agreements in California to bar claims from being brought on behalf of a class. Employment arbitration agreements can now be used to prevent class action claims against California employers.
Publication, Business Litigation
2011 | Publication, Business Litigation
The hands of a man and woman reviewing documents pertaining to their business.
Attorney Matt Durham published "NRCP16.1(a): In Full Disclosure" in Nevada Lawyer.
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.

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