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, Labor and Employment Law
Mar 31 | Legal Alert, Labor and Employment Law
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The Department of Labor (“DOL”) has the authority to exempt small businesses from providing paid leave benefits under the Families First Coronavirus Response Act if it “would jeopardize the viability of the business as a going concern.” This simple three-step guide will break down whether or not you qualify for the exemption.
Legal Alert, Business Litigation
Mar 30 | Legal Alert, Business Litigation
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On March 21, 2020, the Treasury Department and the Internal Revenue Service issued Notice 2020-18, which announced that the federal income tax filing and payment due date is automatically extended from April 15, 2020, to July 15, 2020. The change came just two days after the federal income tax payment deadline was extended to July 15, 2020.
Legal Alert, Business Litigation
Mar 30 | Legal Alert, Business Litigation
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With non-essential businesses in many states either closed or operating in a limited capacity due to COVID-19, many companies are unable to perform existing contracts. While the basic premise under most U.S. law is that contracts must be kept and performed, an extraordinary circumstance may make performance so vitally different from what was reasonably expected as to relieve performance.
Legal Alert, Labor and Employment Law
Mar 27 | Legal Alert, Labor and Employment Law
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New legislation enacted. New guidance constantly being released. It’s hard to keep track of how much you now must pay your employees. Payne & Fears has made the process easy with this “cheat sheet.”
Legal Alert, Labor and Employment Law
Mar 27 | Legal Alert, Labor and Employment Law
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Titles I and IV of the CARES Act provide financial relief to businesses during the COVID-19 pandemic, incentivizing companies to retain employees and maintain compensation levels.
Legal Alert, Labor and Employment Law
Mar 27 | Legal Alert, Labor and Employment Law
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Title II of the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) provides a number of tax relief provisions for businesses. The provisions are aimed at increasing liquidity and reducing costs of capital, so that businesses can continue operating and keep employees on payroll.
Legal Alert, Labor and Employment Law
Mar 27 | Legal Alert, Labor and Employment Law
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On March 27, 2020, President Donald Trump signed the bipartisan Coronavirus Aid, Relief, and Economic Security Act, otherwise known as the CARES Act, (S.3548) into law. Portions of the CARES Act intertwine with the Families First Coronavirus Response Act, Unemployment Insurance, and ERISA.
Legal Alert, Labor and Employment Law
Mar 27 | Legal Alert, Labor and Employment Law
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The Families First Coronavirus Response Act (“FFCRA”) sets a 500-employee threshold for purposes of the emergency paid sick leave and family medical leave expansion provisions. Many employers raise the question of whether that 500-employee threshold is met by combining employees from multiple subsidiaries or other related entities, or whether such entities remain distinct for purposes of employee count.
Article, Business Litigation
Mar 26 | Article, Business Litigation

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