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
Oct 13 | Labor and Employment Law
This month's key employment law cases involve piece-rate employees and questions of arbitrability of a labor issue.
Insurance Coverage
Sep 15 | 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
Oct 27 | 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., 10/30/2020
E.g., 10/30/2020
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Legal Alert, Insurance Coverage
May 26 | Legal Alert, Insurance Coverage
Legal Alert Image
In Garcia v. Awerbach, 136 Nev. Adv. Op. 27 (May 21, 2020), the Supreme Court of Nevada reinstated a severe discovery sanction against a defendant who withheld a critical insurance claims note. In doing so, the Supreme Court sends a clear message that (a) an insurance company’s internal claims documents are discoverable and (b) refusing to disclose such documents expose parties to severe sanctions.
Article, Labor and Employment Law
May 21 | Article, Labor and Employment Law
As states lift their “stay-at-home” orders, employers who have struggled to survive the economic toll of the COVID-19 crisis now face a new threat: uncertain legal liability in a post-COVID market. As we transition away from the stay-at-home orders, employers should be on alert for the near-certain flood of new litigation.
Resource, Labor and Employment Law
May 19 | Resource, Labor and Employment Law
As workplaces have begun to reopen, employers are curious about whether they can conduct temperature screenings of their employees. This guidance will explain if, when, and how employers may conduct temperature screenings of their employees.
Legal Alert, Labor and Employment Law
May 15 | Legal Alert, Labor and Employment Law
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On April 29, 2020, the City of Los Angeles adopted the COVID-19 Right of Recall Ordinance and COVID-19 Worker Retention Ordinance. On May 3, 2020 Mayor Eric Garcetti approved the ordinances. Both ordinances go into effect on June 14, 2020.
Legal Alert, Labor and Employment Law
May 08 | Legal Alert, Labor and Employment Law
Legal Alert Image
This week, Governor Newsom signed Executive Order N-62-20 creating a presumption of workers’ compensation eligibility for California employees who have contracted or who later contract COVID-19 at any time since reporting to work following California’s March 19 stay-at-home order.
Case Summary, Labor and Employment Law
May 06 | Case Summary, Labor and Employment Law
This month's key employment law cases involve disability, retaliation, and employee benefits.
Article, Business Litigation
May 06 | Article, Business Litigation
While much of the world came to a halt in response to the coronavirus pandemic, the California Courts of Appeal were busy issuing important decisions on the enforceability of arbitration clauses. As the economy starts to reopen, businesses can use this guidance to protect themselves from costly and public litigation later.
Article, Labor and Employment Law
Apr 28 | Article, Labor and Employment Law
The EEOC recently updated its guidance, What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws, including several FAQs on reasonable accommodation and harassment.
Article, Labor and Employment Law
Apr 28 | Article, Labor and Employment Law
The EEOC continues to update its pandemic preparedness guidance regarding the Americans with Disabilities Act (ADA), the Rehabilitation Act, and other Equal Employment Opportunity laws in the wake of COVID-19. The guidance covers important return-to-work issues for disability-related inquiries, pre-entry medical screens, retention of medical information, and personal protective gear in the wake of COVID-19 closures.

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