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., 10/20/2021
E.g., 10/20/2021
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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.
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.

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