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., 08/15/2022
E.g., 08/15/2022
Grid View
List View
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.
Legal Alert, Business Litigation
2009 | Legal Alert, Business Litigation
A businessman standing in the window of a high-rise building reading urgent business documents.
On February 20, 2009, Governor Schwarzenegger signed into law the “California Foreclosure Prevention Act.”
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 February 17, 2009, President Obama signed into law the American Recovery and Reinvestment Act (“the Act”), attempting 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”).
Interview, Labor and Employment Law
2009 | Interview, Labor and Employment Law
A man moving controls on a soundboard inside of a television studio.
Are female attorneys at a greater risk for being laid off during a recession? That is a question explored by Anna Collins in her February 24, 2009 column on TheGlassHammer.com.
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 January 23, 2009, the California Court of Appeal, Fourth Appellate District, published its decision in Cristler v. Express Messenger Systems, Inc., providing further guidance on the distinctions between an employee and an independent contractor.
Interview, Labor and Employment Law
2009 | Interview, Labor and Employment Law
A man moving controls on a soundboard inside of a television studio.
Layoffs are not the only option for corporations facing the need to cut costs. Alternatives include mandatory furloughs, reduced work weeks and flexible work arrangements; however, employers must implement these strategies while keeping state and federal wage-and-hour laws in mind.
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 January 2008, President Bush signed into law the first-ever amendments to the Family and Medical Leave Act (“FMLA”) and on November 17, 2008, the Department of Labor (DOL) published its much anticipated final rule on the implementation of these amendments.
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 January 29, 2009, President Obama signed into law the Ledbetter Fair Pay Act.
Legal Alert, Business Litigation
2009 | Legal Alert, Business Litigation
A businessman standing in the window of a high-rise building reading urgent business documents.
On December 19, 2008, the Fourth District Court of Appeal published its opinion in Cohn v. Corinthian Colleges, Case No. G038388. The case arose when the Angels Baseball club gave away tote bags to adult women fans who attended the Angels game on Mother’s Day, 2005.

Pages