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
Nov 09 | Labor and Employment Law
Under California law, employers must pay their employees overtime rates unless an exemption applies. One such exemption, the “administrative” exemption, excludes from state overtime requirements an employee primarily engaged in certain exempt duties who earns a monthly salary equivalent to no less than two times the state minimum wage for full-time employment (the “salary basis test”).
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., 12/04/2020
E.g., 12/04/2020
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Publication, Business Litigation
2005 | Publication, Business Litigation
Daniel Livingston published "Pre-Dispute Arbitration Waivers after Grafton Partners - Pre-Dispute Waiver of the Jury Right Just Became More Difficult in California" in Orange County Lawyer.
Article, Insurance Coverage
2005 | Article, Insurance Coverage
The following is a simple checklist that every litigator should follow when representing a client in litigation.
Publication, Insurance Coverage
2005 | Publication, Insurance Coverage
Kelby Van Patten authored "Did You Know You Were Litigating an Insurance Law Case?" published in Nevada Lawyer.
Interview, Labor and Employment Law
2004 | Interview, Labor and Employment Law