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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
Jun 14 | Labor and Employment Law
The key California Employment Law Case Summaries from May 2022 include using unpaid meal- and rest-break premiums as basis for waiting-time penalties and inaccurate wage statement claims, FAA requirements for resisting arbitration, and a trial court's discretion to apply the doctrine of exclusive concurrent jurisdiction to stay a later-filed PAGA action involving claims that overlap with an earlier-filed PAGA action.
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
Apr 29 | Business Litigation
The California Court of Appeal recently provided much needed clarification regarding the application of Proposition 65, which prohibits businesses from knowingly and intentionally exposing individuals to certain chemicals without first providing a written warning. In Lee v. Amazon.com, Inc., 76 Cal. App. 5th 200 (March 2022), the court addressed two key questions: (1) whether constructive knowledge of hazardous chemicals and potential exposure is sufficient under the statute, or if actual knowledge is required; and (2) what level of specificity is required in a Proposition 65 Notice of Violation. Lee’s ruling is important for every company that sells consumer products because Proposition 65 obligations apply “to any retailer, manufacturer, producer, packager, importer, supplier, or distributor of the product.” Lee, 76 Cal. App 5th at 231. A company found to have violated Proposition 65 can be fined up to $2,500 per violation per day, which can quickly add up, especially if the violator sells multiple offending products on a regular/daily basis.
E.g., 07/02/2022
E.g., 07/02/2022
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Publication, Business Litigation
2006 | Publication, Business Litigation
The hands of a man and woman reviewing documents pertaining to their business.
Published in Los Angeles Lawyer
Publication, Labor and Employment Law
2006 | Publication, Labor and Employment Law
The hands of a man and woman reviewing documents pertaining to their business.
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.
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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