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
Jan 18 | Labor and Employment Law
This past year brought new laws requiring changes to policies commonly found in California employee handbooks. To ensure compliance with current California law, employers should review and update their handbooks within these first few months of 2021.
Insurance Coverage
2020 | 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
2020 | 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., 01/26/2021
E.g., 01/26/2021
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Legal Alert, Labor and Employment Law
2020 | Legal Alert, Labor and Employment Law
A businessman standing in the window of a high-rise building reading urgent business documents.
On April 29, 2020, the City of Los Angeles adopted the COVID-19 Right of Recall Ordinance and COVID-19 Worker Retention Ordinance. On May 3, 2020 Mayor Eric Garcetti approved the ordinances. Both ordinances go into effect on June 14, 2020.
Legal Alert, Labor and Employment Law
2020 | Legal Alert, Labor and Employment Law
A businessman standing in the window of a high-rise building reading urgent business documents.
This week, Governor Newsom signed Executive Order N-62-20 creating a presumption of workers’ compensation eligibility for California employees who have contracted or who later contract COVID-19 at any time since reporting to work following California’s March 19 stay-at-home order.
Case Summary, Labor and Employment Law
2020 | Case Summary, Labor and Employment Law
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This month's key employment law cases involve disability, retaliation, and employee benefits.
Article, Business Litigation
2020 | Article, Business Litigation
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While much of the world came to a halt in response to the coronavirus pandemic, the California Courts of Appeal were busy issuing important decisions on the enforceability of arbitration clauses. As the economy starts to reopen, businesses can use this guidance to protect themselves from costly and public litigation later.
Article, Labor and Employment Law
2020 | Article, Labor and Employment Law
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The EEOC recently updated its guidance, What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws, including several FAQs on reasonable accommodation and harassment.
Article, Labor and Employment Law
2020 | Article, Labor and Employment Law
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The EEOC continues to update its pandemic preparedness guidance regarding the Americans with Disabilities Act (ADA), the Rehabilitation Act, and other Equal Employment Opportunity laws in the wake of COVID-19. The guidance covers important return-to-work issues for disability-related inquiries, pre-entry medical screens, retention of medical information, and personal protective gear in the wake of COVID-19 closures.
Legal Alert, Business Litigation
2020 | Legal Alert, Business Litigation
A businessman standing in the window of a high-rise building reading urgent business documents.
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
2020 | Legal Alert, Business Litigation
A businessman standing in the window of a high-rise building reading urgent business documents.
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
2020 | Article, Labor and Employment Law
A table with a green plant, coffee cup, and a stack of print publications.
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.

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