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
Jan 18
Does Your Employee Handbook Address the Latest New Laws? If Not, It May Be Time for an Upgrade
By: Amy R. Patton, Sharon Shaoulian
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.
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Insurance Coverage
2020 | Insurance Coverage
2020
Ninth Circuit Rejects Excess Insurer's Attempt to Dispute Exhaustion of Underlying Insurance
By: J. Kelby Van Patten, Jared De Jong
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.
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Business Litigation
2020 | Business Litigation
2020
Changing Your Terms and Conditions? If So, Your Company Must Provide Express Notice to Consumers
By: David A. Grant
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.
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E.g., 10/27/2021
E.g., 10/27/2021
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Article, Business Litigation
2009 | Article, Business Litigation
A table with a green plant, coffee cup, and a stack of print publications.
2009
Is the UTSA Swallowing the Law of Unfair Competition in California?
Erik Andersen published "Is the UTSA Swallowing the Law of Unfair Competition in California?" in the Orange County Lawyer.
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Article, Business Litigation
2009 | Article, Business Litigation
A table with a green plant, coffee cup, and a stack of print publications.
2009
Stemming the Tide of Foreclosures - Recent Developments in Mortgage Foreclosure Legislation
By: Benjamin A. Nix
Benjamin A. Nix published "Stemming the Tide of Foreclosures - Recent Developments in Mortgage Foreclosure Legislation" in the Orange County Lawyer.
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Publication, Business Litigation
2009 | Publication, Business Litigation
The hands of a man and woman reviewing documents pertaining to their business.
2009
"Mandatory Mediation" Provisions May Trap Unwary Defendant Prevailing Parties
By: Daniel M. Livingston
Daniel M. Livingston published ""Mandatory Mediation" Provisions May Trap Unwary Defendant Prevailing Parties" in the Orange County Lawyer.
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Article, Labor and Employment Law
2009 | Article, Labor and Employment Law
A table with a green plant, coffee cup, and a stack of print publications.
2009
Court of Appeal Holds Customer Non-Solicitation Agreements Only Enforceable If Limited to Prohibiting Former Employees from Using Trade Secret Information to Solicit Customers
By: Leila S. Narvid
In The Retirement Group v. Galante, a California Court of Appeal held that customer non-solicitation agreements are enforceable only to the extent they prohibit former employees from using trade secrets to solicit their former employer's customers.
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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.
2009
California Supreme Court Identifies Guidelines For Surveillance In The Workplace
By: Leila S. Narvid
The California Supreme Court held in Hernandez v. Hillsides that the defendant employer did not violate employee privacy rights by installing a hidden camera aimed at catching a person viewing online pornography in the workplace after business hours.
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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.
2009
Employers on Winning and Losing Ends of California Supreme Court Decisions Involving Standing and Class Action Pleading Requirements
By: Leila S. Narvid
In a pair of companion cases, the California Supreme Court ruled on two major issues for employers facing workplace violation suits.
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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.
2009
Employer Victory in U.S. Supreme Court Age Discrimination Ruling
By: Leila S. Narvid
The U.S. Supreme Court held in Gross v. FBL Financial Services, Inc. that plaintiffs must prove that age is a “but for” cause of an adverse employment decision under the Age Discrimination in Employment Act (“ADEA”).
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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.
2009
California Court of Appeal Overturns $105 Million Award to Employee in Starbucks Tip Pooling Case
By: Leila S. Narvid
On June 2, 2009, the California Court of Appeal, Fourth Appellate District issued its opinion in Chau v. Starbucks Corporation.
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Publication, Labor and Employment Law
2009 | Publication, Labor and Employment Law
The hands of a man and woman reviewing documents pertaining to their business.
2009
New laws clamp down access to medical records
By: Leila S. Narvid
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