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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

2021 | Labor and Employment Law

2021

U.S. Supreme Court to Decide the Fate of PAGA in California

By: Amy R. Patton, Tyler B. Runge

On Dec. 15, the United States Supreme Court agreed to take up what promises to be the most consequential PAGA case in nearly a decade.

Insurance Coverage

2021 | Insurance Coverage

2021

Nevada Insureds Can Rely on Extrinsic Facts to Show that An Insurer Owes a Duty to Defend

By: Sarah J. Odia, Scott S. Thomas

On Oct. 28, 2021, the Nevada Supreme Court in Zurich American Insurance Company v.. Ironshore Specialty Insurance Company, 137 Nev. Adv. Op. 66, held that an insured can rely on extrinsic facts to show that an insurer has a duty to defend the insured, as long as the facts were available to the insurer at the time the insured tendered the claim. The court also held that an insured has the burden of proving that an exception to an exclusion in an insurance policy applies to create a duty to defend.

Business Litigation

2021 | Business Litigation

2021

The Many Unpleasant Surprises in the No Surprises Act Regulations

By: Robert C. Leventhal

The Federal No Surprises Act goes into effect on January 1, 2022 and contains provisions designed to protect insured patients from unexpected hospital and physician bills when they receive emergency services in an out of network hospital. Unfortunately, the interim final rules issued by the Department of the Treasury, the Department of Labor, and the Department of Health and Human Services purport to impose significant restrictions on provider reimbursement that contravene clear statutory language.

Practice Area

Attorneys

Publication, Labor and Employment Law

2006 | Publication, Labor and Employment Law

The hands of a man and woman reviewing documents pertaining to their business.

2006

Remedial Human Resources for Small Businesses - A Comprehensive Introductory Survey Primer for Employers

By: Laura Fleming

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.

2005

Claims - Made Liability Insurance: Landmines and Strategies

By: Scott S. Thomas

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

2005

Pre-Dispute Arbitration Waivers after Grafton Partners - Pre-Dispute Waiver of the Jury Right Just Became More Difficult in California

By: Daniel M. Livingston

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

2005

Securing Insurance Coverage: A Primer for Business Litigators

The following is a simple checklist that every litigator should follow when representing a client in litigation.

Publication, Insurance Coverage

2005 | Publication, Insurance Coverage

2005

Did you know you were Litigating an Insurance Law Case?

By: J. Kelby Van Patten

Kelby Van Patten authored "Did You Know You Were Litigating an Insurance Law Case?" published in Nevada Lawyer.

Interview, Labor and Employment Law