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
Oct 13 | Labor and Employment Law
This month's key employment law cases involve piece-rate employees and questions of arbitrability of a labor issue.
Insurance Coverage
Sep 15 | Insurance Coverage
This week, in AXIS Reinsurance Co. v. Northrop Grumman Corp., ____ F.3d ____, 2020 WL 5509743 (9th Cir. Sept. 14, 2020), the Ninth Circuit addressed an important question of first impression: When can an excess insurer second-guess an underlying insurer’s decision to pay a claim? Prior to AXIS Reinsurance, there had been no California or the Ninth Circuit case discussing an excess insurer’s right to make a covered-claims challenge to the exhaustion of underlying insurance, even though policyholders frequently encounter such arguments.
Business Litigation
Oct 27 | Business Litigation
The Ninth Circuit recently reminded companies that they must provide notice to consumers when they change their terms and conditions, even where original terms state that they are subject to change at-will and at any time (i.e. the original contract contains a “change-of-terms” provision). Without express notice to the consumer, any change is unenforceable.
E.g., 10/30/2020
E.g., 10/30/2020
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Legal Alert, Business Litigation
Apr 24 | Legal Alert, Business Litigation
Legal Alert Image
Today, President Donald Trump signed the Paycheck Protection Program and Health Care Enhancement Act (“PPP/HCEA”) into law. This legislation infuses approximately $300 billion into the recently depleted Paycheck Protection Program (“PPP”) and provides additional funding for healthcare providers.
Legal Alert, Business Litigation
Apr 23 | Legal Alert, Business Litigation
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On April 23, 2020, the United States Supreme Court ruled that a party whose trademark has been infringed is not required to prove a “willful” violation to obtain an award of defendant’s ill-gotten profits. This potentially exposes the trademark infringer’s profits in every infringement case.
Article, Labor and Employment Law
Apr 17 | Article, Labor and Employment Law
On May 21, 2018, the Supreme Court in Epic Systems Corp. v. Lewis held that employee arbitration agreements containing class or collective action waivers were enforceable. The high court’s blessing of the practice cemented what had already become de rigueur even before the decision, and today, arbitration agreements requiring individual arbitration have become standard practice for employers throughout the country.
Case Summary, Labor and Employment Law
Apr 14 | Case Summary, Labor and Employment Law
This month's key employment law cases involve payment of wages, claims under the Private Attorneys General Act (PAGA) and employer consumer report disclosures.
Resource, Labor and Employment Law
Apr 14 | Resource, Labor and Employment Law
This article is intended to be strategic and forward-looking in responding to COVID-19. The article summarizes recent legal requirements and regulatory guidance, with links to Payne & Fears COVID-19 alerts, to help your business work safely through current conditions and the safe resumption of business activity at the appropriate time.
Legal Alert, Labor and Employment Law
Apr 08 | Legal Alert, Labor and Employment Law
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On April 7, 2020, Mayor Garcetti signed three employment-related COVID-19 Emergency Orders: Emergency Order: Supplemental Paid Sick Leave Due to COVID; Emergency Order: Worker Protection Order; Emergency Order: Grocery, Drug Retail, and Food Delivery Worker Protection.
Legal Alert, Insurance Coverage
Apr 07 | Legal Alert, Insurance Coverage
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In Montrose Chemical Corp. v. Superior Court, 2020 WL 1671560 (April 6, 2020), the California Supreme Court held that, when one primary policy exhausts in a continuing injury claim, the excess insurer sitting above that policy must drop down and provide coverage for the entire claim (up to its policy limits), even if primary policies in other years remain unexhausted.
Legal Alert, Labor and Employment Law
Apr 01 | Legal Alert, Labor and Employment Law
Legal Alert Image
The Department of Labor (“DOL”) has released guidance addressing two key questions under the Families First Coronavirus Response Act (“the Act” or “the FFCRA”): whether employees who have been furloughed or who have no work due to a closed worksite have a right to paid leave benefits under the Act; and if the terms “isolation and quarantine” used throughout the Act apply to “shelter in place” orders.
Article, Business Litigation
Apr 01 | Article, Business Litigation
The federal government has enacted extensive COVID-related legislation, but left open the question of what industries, and which workers in those industries, are deemed “essential” during the pandemic. So far those decisions have been left to individual states.

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