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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
Jun 14 | Labor and Employment Law
The key California Employment Law Case Summaries from May 2022 include using unpaid meal- and rest-break premiums as basis for waiting-time penalties and inaccurate wage statement claims, FAA requirements for resisting arbitration, and a trial court's discretion to apply the doctrine of exclusive concurrent jurisdiction to stay a later-filed PAGA action involving claims that overlap with an earlier-filed PAGA action.
Insurance Coverage
May 24 | Insurance Coverage
In a decision that further muddies the already murky waters of “occurrence” jurisprudence, the California Court of Appeal has ruled that a general liability policy does not cover a homeowner who mistakenly grades the wrong piece of land because the act of grading land is not “accidental.”
Business Litigation
Apr 29 | Business Litigation
The California Court of Appeal recently provided much needed clarification regarding the application of Proposition 65, which prohibits businesses from knowingly and intentionally exposing individuals to certain chemicals without first providing a written warning. In Lee v. Amazon.com, Inc., 76 Cal. App. 5th 200 (March 2022), the court addressed two key questions: (1) whether constructive knowledge of hazardous chemicals and potential exposure is sufficient under the statute, or if actual knowledge is required; and (2) what level of specificity is required in a Proposition 65 Notice of Violation. Lee’s ruling is important for every company that sells consumer products because Proposition 65 obligations apply “to any retailer, manufacturer, producer, packager, importer, supplier, or distributor of the product.” Lee, 76 Cal. App 5th at 231. A company found to have violated Proposition 65 can be fined up to $2,500 per violation per day, which can quickly add up, especially if the violator sells multiple offending products on a regular/daily basis.
E.g., 07/02/2022
E.g., 07/02/2022
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Legal Alert, Labor and Employment Law
2021 | Legal Alert, Labor and Employment Law
A businessman standing in the window of a high-rise building reading urgent business documents.
A California Court of Appeal has held – for the first time – that “trial courts have inherent authority to ensure that PAGA [Private Attorneys General Act] claims will be manageable at trial, and to strike such claims if they cannot be managed.” While other courts have recognized that this authority may exist based on similar contexts, this is the first time a California appellate court has done so. Manageability is an important consideration for defending PAGA claims. This ruling can be used to leverage unmanageability to limit the scope of the claims at trial which, in turn, can reduce the potential liability and encourage settlement.
Publication
2021 | Publication
The hands of a man and woman reviewing documents pertaining to their business.
Alexandra DeFelice discusses the metrics available to law firm marketers and determining which are the most crucial to the success of your firm.
Legal Alert, Labor and Employment Law
2021 | Legal Alert, Labor and Employment Law
A businessman standing in the window of a high-rise building reading urgent business documents.
The 81st session of the Nevada legislature passed several new laws with immediate impact for Nevada employers.
Case Summary, Labor and Employment Law
2021 | Case Summary, Labor and Employment Law
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July's cases include a ruling regarding the terms "regular rate of pay" versus "regular rate of compensation," the statute of limitations in failure to promote cases, changes to terms and conditions of employment after an expiration of collective bargaining agreement, and the statute of limitations for PAGA actions.
Legal Alert, Business Litigation
2021 | Legal Alert, Business Litigation
A businessman standing in the window of a high-rise building reading urgent business documents.
The NCAA’s recent announcement that college athletes may sell the rights to their names, images and likenesses has created an opportunity for businesses to sign influential college athletes and leverage their considerable social media footprints. Now is an opportune time for any company that contracts with social media influencers to re-examine regulations governing social media endorsements.
Legal Alert, Insurance Coverage
2021 | Legal Alert, Insurance Coverage
A businessman standing in the window of a high-rise building reading urgent business documents.
In an insurance recovery case being handled by Payne & Fears partners Scott Thomas and Sarah Odia, an Arizona federal court, applying Nevada law, recently held that NGM Insurance Company breached its duty to defend its additional-insured homebuilder by refusing to pay more than a proportionate share of the builder’s defense costs based on what NGM called a “defense-follows-indemnity” formula.

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