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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
Jul 12
Key California Employment Law Cases: June 2022
By: Matthew C. Lewis, Megan A. Mackie, Nicole R. Kardassakis, Tyler B. Runge
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.
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Insurance Coverage
May 24 | Insurance Coverage
May 24
California Appellate Court Rules That Mistakenly Grading the Wrong Land Is Not an Accident
By: Jared De Jong, Scott S. Thomas
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.”
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Business Litigation
Jul 27 | Business Litigation
Jul 27
Business Partners Beware: Siry Decision Likely Gives Commercial Disputes More Bite
By: Benjamin A. Nix, Scott O. Luskin
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.
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E.g., 08/15/2022
E.g., 08/15/2022
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Legal Alert, Labor and Employment Law
2008 | Legal Alert, Labor and Employment Law
A businessman standing in the window of a high-rise building reading urgent business documents.
2008
California Court of Appeal Rejects Punitive Damages for Labor Code Violations that Regulate Meal and Rest Breaks, Pay Stubs, and Minimum Wage Laws
By: Andrew K. Haeffele
Plaintiff Christine Brewer (“Plaintiff”), a waitress at the Cottonwood Golf Course Restaurant (“Cottonwood”), filed suit against Cottonwood, alleging age discrimination and Labor Code violations related to meal breaks, rest breaks, pay stubs, and minimum wage.
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Legal Alert, Business Litigation
2008 | Legal Alert, Business Litigation
A businessman standing in the window of a high-rise building reading urgent business documents.
2008
Court of Appeal Holds That Home Builders May Pursue Claims for Equitable Indemnity for Purely Economic Losses Under Right to Repair Act
By: Thomas L. Vincent
On December 2, 2008, the Fourth District Court of Appeal decided Greystone Homes, Inc. v. Midtec, Inc., et al. In a case of first impression, the court ruled that home builder may pursue claims for equitable indemnity against individual product manufacturers for purely economic losses where the losses would be recoverable by a homeowner under the Right to Repair Act (California Civil Code § 895, et seq.), also known as SB 800.
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Legal Alert, Business Litigation
2008 | Legal Alert, Business Litigation
A businessman standing in the window of a high-rise building reading urgent business documents.
2008
California Business Establishments Cannot be Liable for Discrimination "In the Abstract"
By: Daniel L. Rasmussen
On November 18, 2008, the Fourth District Court of Appeal decided Surrey v. TrueBeginnings, et al., a case brought under the Unruh Act and the Gender tax Repeal Act (California Civil Code §§ 51 and 51.6).
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Legal Alert, Labor and Employment Law
2008 | Legal Alert, Labor and Employment Law
A businessman standing in the window of a high-rise building reading urgent business documents.
2008
Ninth Circuit Holds that California Labor Laws Apply to Work Performed Within California by Nonresident Employees
By: Leila S. Narvid
Three employees of the Oracle Corporation, instructors who trained customers to use Oracle software, sued the company for failure to pay overtime wages.
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Legal Alert, Labor and Employment Law
2008 | Legal Alert, Labor and Employment Law
A businessman standing in the window of a high-rise building reading urgent business documents.
2008
FEHA Statute of Limitations Subject to Equitable Tolling
The plaintiff in McDonald v. Antelope Valley Community College, a job application for a library administrative staff position, repeatedly applied for a position with the defendant, a community college, but was turned down.
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Legal Alert, Labor and Employment Law
2008 | Legal Alert, Labor and Employment Law
A businessman standing in the window of a high-rise building reading urgent business documents.
2008
California Employers Await Definitive Answer from California Supreme Court on Meal and Rest Break Obligations
By: Leila S. Narvid
On October 22, 2008, the California Supreme Court granted review of and de-published Brinker Rest. Corp. v. Superior Court, 165 Cal.App.4th 25 (2008), an important recent decision that addressed employee meal period and rest break requirements under California law.
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Legal Alert, Labor and Employment Law
2008 | Legal Alert, Labor and Employment Law
A businessman standing in the window of a high-rise building reading urgent business documents.
2008
California Legislature Clarifies Overtime Pay Exemption for Computer Professionals
This new legislation is touted as an effort to stop the flow of high-tech jobs out of California by simplifying the compensation requirements for overtime-exempt computer professionals.
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Publication, Labor and Employment Law
2008 | Publication, Labor and Employment Law
The hands of a man and woman reviewing documents pertaining to their business.
2008
U.S. Supreme Court Decision Expands Employees' Ability to Bring Retaliation Claims
By: Leila S. Narvid
Leila Narvid published "U.S. Supreme Court Decision Expands Employees' Ability to Bring Retaliation Claims" in Compensation & Benefits Review.
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Interview, Labor and Employment Law
2008 | Interview, Labor and Employment Law
A man moving controls on a soundboard inside of a television studio.
2008
Facebook friends as job references?
With the popularity of online networking websites such as Facebook, MySpace, and LinkedIn, more and more hiring managers are turning to the web to find and interview references for prospective employees.
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