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
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.
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., 10/27/2021
E.g., 10/27/2021
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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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