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
Grid View
List View
Interview, Labor and Employment Law
2008 | Interview, Labor and Employment Law
A man moving controls on a soundboard inside of a television studio.
Employees often feel they have more rights to privacy at work than they actually do, according to an August 3rd article in the Miami Herald.
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.
The plaintiffs, hourly employees of several Brinker-owned restaurants in California, filed a class action against the restaurant chain. The trial court certified a class of nearly 60,000 employees, finding that the issues were common to all class members and could be litigated collectively.
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.
California businesses need to be prepared for a new law taking effect on July 1, 2008 that will change how California drivers can use their cell phones.
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.
On May 21, 2008, President Bush signed the “Genetic Information Nondiscrimination Act,” or “GINA.” GINA is far-reaching in that it intersects with many federal laws including Title VII of the Civil Rights Act, The Health Insurance Portability and Accountability Act of 1996 (HIPAA), and the Employee Retirement Income Security Act of 1974 (ERISA).
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.
The Isner case addresses the special circumstance of employers that require their employees to reside where they work.
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.
On March 21, 2008, a San Diego County Superior Court ruled that Starbucks violated California law by allowing shift supervisors to share in the customer tip pool.
Publication, Labor and Employment Law
2008 | Publication, Labor and Employment Law
The hands of a man and woman reviewing documents pertaining to their business.
Attorney Leila Narvid published "Feds focus on health care employers' ADA compliance" in Healthcare Risk Management
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.
The California Legislature continues to be active in passing legislation affecting California employers and employees. This article outlines the most notable employment laws that went into effect in California on January 1, 2008.
Publication, Business Litigation
2007 | Publication, Business Litigation
The hands of a man and woman reviewing documents pertaining to their business.
Dick Jackson, Lieutenant Colonel Eric T. Jensen & Robert Matsuishi, The Law of War after the DTA, Hamdan, and the MCA, ARMY LAW., Sept. 2007, at 19.

Pages