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
Feb 03 | Labor and Employment Law
On January 29, 2021, the Occupational Safety and Health Administration (“OSHA”) issued new employer guidance on mitigating and preventing the spread of COVID-19 in the workplace. This guidance is intended to help employers and workers outside the healthcare setting to identify risks of being exposed to and of contracting COVID-19 and to determine any appropriate control measures to implement. While this guidance is largely duplicative of prior OSHA and Centers for Disease Control and Prevention (“CDC”) guidance and recommendations, it contains a few new and updated recommendations that employers should note.
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., 09/25/2021
E.g., 09/25/2021
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Publication, Labor and Employment Law
2006 | Publication, Labor and Employment Law
The hands of a man and woman reviewing documents pertaining to their business.
Attorney Leila Narvid published "New health services bring new risks to consider" in Healthcare Risk Management
Publication, Labor and Employment Law
2006 | Publication, Labor and Employment Law
The hands of a man and woman reviewing documents pertaining to their business.
Attorney Leila Narvid published "Private Lives, Public Policies: A New Standard of Care for Health Care Data Protection" in The Recorder.
Publication, Business Litigation
2006 | Publication, Business Litigation
The hands of a man and woman reviewing documents pertaining to their business.
Published in Los Angeles Lawyer
Publication, Labor and Employment Law
2006 | Publication, Labor and Employment Law
The hands of a man and woman reviewing documents pertaining to their business.
Laura Fleming published "Remedial Human Resources for Small Businesses - A Comprehensive Introductory Survey Primer for Employers " in the Orange County Lawyer, the official publication of the Orange County Bar Association.
Article, Insurance Coverage
2005 | Article, Insurance Coverage
A table with a green plant, coffee cup, and a stack of print publications.
This article identifies several potential land-mines under claims-made liability policies and suggests strategies for dealing with them.
Publication, Business Litigation
2005 | Publication, Business Litigation
The hands of a man and woman reviewing documents pertaining to their business.
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
A table with a green plant, coffee cup, and a stack of print publications.
The following is a simple checklist that every litigator should follow when representing a client in litigation.
Publication, Insurance Coverage
2005 | Publication, Insurance Coverage
The hands of a man and woman reviewing documents pertaining to their business.
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
A man moving controls on a soundboard inside of a television studio.

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