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.
E.g., 08/09/2022
E.g., 08/09/2022
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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.
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.
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.
In a pair of companion cases, the California Supreme Court ruled on two major issues for employers facing workplace violation suits.
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.
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”).
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 June 2, 2009, the California Court of Appeal, Fourth Appellate District issued its opinion in Chau v. Starbucks Corporation.
Publication, Labor and Employment Law
2009 | Publication, Labor and Employment Law
The hands of a man and woman reviewing documents pertaining to their business.
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 May 18, 2009, the United States Supreme Court issued its opinion in AT&T Corp. v. Hulteen.
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.
In the decision 14 Penn Plaza v. Pyett, the United States Supreme Court held that a provision in a collective bargaining agreement expressly requiring union member to arbitrate age-discrimination claims is enforceable.
Publication, Labor and Employment Law
2009 | Publication, Labor and Employment Law
The hands of a man and woman reviewing documents pertaining to their business.
On February 17, 2009, President Obama signed into law the American Recovery and Reinvestment Act ("the Act"), in an attempt to provide economic stimulus to the nation's economy. Among the provisions of the Act are important changes to the continuation coverage of the Consolidated Omnibus Budget Reconciliation Act of 1985 ("COBRA").
Publication, Labor and Employment Law
2009 | Publication, Labor and Employment Law
The hands of a man and woman reviewing documents pertaining to their business.
With unemployment growing and more companies downsizing, it is important to be prepared for a lay-off.

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