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
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.
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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.
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.
Publication, Business Litigation
2009 | Publication, Business Litigation
The hands of a man and woman reviewing documents pertaining to their business.
Daniel M. Livingston published ""Mandatory Mediation" Provisions May Trap Unwary Defendant Prevailing Parties" in the Orange County Lawyer.
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.
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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