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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
Jul 12 | Labor and Employment Law
June's case summaries include decisions on arbitrating PAGA claims, class actions involving staffing agencies, and guidance from the California courts on wage-statement obligations for overtime true-up payments.
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
Jul 27 | Business Litigation
The California Supreme Court last week issued a decision in Siry Investments vs. Saeed Farkhondehpour that could dramatically expand the remedies available to partners or others in a commercial dispute who are victims of financial theft related to company assets and funds. Section 496(a) criminalizes the receipt of stolen property and provides for treble damages and attorney’s fees for the party suffering the loss. In a surprise opinion, the Supreme Court decided that Penal Code section 496 can apply any time there is a diversion of money or assets from a partnership, limited liability company or other business provided that the requisite criminal intent to deprive others of those funds can be shown. For the plaintiff in Siry, applying section 496 increased the outcome by many millions. The Siry decision likely will make available to plaintiffs in certain business disputes remedies of treble damages and attorney’s fees that ordinarily are not available for similar claims in other contexts.
E.g., 08/15/2022
E.g., 08/15/2022
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Publication, Labor and Employment Law
2013 | Publication, Labor and Employment Law
The hands of a man and woman reviewing documents pertaining to their business.
"The X(Employee) Factor: Anticipating Collateral Litigation Ramifications When Terminating Employees" was published in the General Counsel Awards supplement.
Publication, Labor and Employment Law
2013 | Publication, Labor and Employment Law
The hands of a man and woman reviewing documents pertaining to their business.
Las Vegas attorney Chad Olsen co-authored "OSHA Whistleblower Protection" in the July 2013 issue of Nevada Lawyer.
Publication, Business Litigation
2013 | Publication, Business Litigation
The hands of a man and woman reviewing documents pertaining to their business.
Attorney Jonathan Black authored "California Franchisors Await High Court Ruling" published in the Daily Journal.
Legal Alert, Labor and Employment Law
2013 | Legal Alert, Labor and Employment Law
A businessman standing in the window of a high-rise building reading urgent business documents.
On June 24, 2013, the United States Supreme Court clarified the definition of supervisor in employee harassment cases under Title VII.
Legal Alert, Labor and Employment Law
2013 | Legal Alert, Labor and Employment Law
A businessman standing in the window of a high-rise building reading urgent business documents.
Prior to Heyen v. Safeway, there was no published precedential California case law specifically addressing how time spent simultaneously performing concurrent duties, which are both exempt and nonexempt, should be evaluated for purposes of the executive exemption.
Publication, Business Litigation
2013 | Publication, Business Litigation
The hands of a man and woman reviewing documents pertaining to their business.
Attorney Robert Matsuishi authored "Aryeh Supplies Additional Ammunition for Plaintiffs in the Ever-Expanding Arena of Unfair Competition Claims" in the Spring 2013 issue of the Association of Business Trial Lawyers (ABTL) Report.
Legal Alert, Labor and Employment Law
2013 | Legal Alert, Labor and Employment Law
A businessman standing in the window of a high-rise building reading urgent business documents.
On February 7, the California Supreme Court decided the issue of whether the federal "mixed-motive" defense applies to employment discrimination claims under the California Fair Employment and Housing Act (FEHA).
Legal Alert, Labor and Employment Law
2012 | Legal Alert, Labor and Employment Law
A businessman standing in the window of a high-rise building reading urgent business documents.
Beginning on January 1, 2013, all employers must have written commission agreements for California employees who are compensated on a commission basis.
Legal Alert, Labor and Employment Law
2012 | Legal Alert, Labor and Employment Law
A businessman standing in the window of a high-rise building reading urgent business documents.
Since the U.S. Supreme Court came down with its landmark decision in AT&T Mobility v. Concepcion in April 2011, courts and the National Labor Relations Board ("NLRB") have reached divergent conclusions regarding the legality of individual arbitration agreements in the employment context.

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