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
Employers should ensure that harassment training taking place after January 1, 2018 include gender identity, gender expression, and sexual orientation. Employers should also keep an eye out for the amended harassment training poster to be developed and published by the DFEH.
Insurance Coverage
A California Court of Appeal has confirmed that additional insured endorsements (“AIE”) granting coverage for liability arising out of a named insured’s “ongoing operations,” and in effect during those “ongoing operations,” do not require that the liability arise while the named insured is performing work.
Business Litigation
The Sedona Conference’s recently-published third edition comes at a time when litigants need guidance regarding the last decade’s evolution of technology and the resulting e-discovery obligations. On this front, a number of helpful topics are addressed by the new edition.
E.g., 11/20/2017
E.g., 11/20/2017
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Legal Alert, Insurance Coverage
2016 | Legal Alert, Insurance Coverage
The California Supreme Court has confirmed that the attorneys' fees an insured is compelled to incur due to a carrier's bad faith (its "Brandt fees") are compensatory damages to be considered when determining the constitutionality of a punitive damages award against an insurer whether the Brandt fees were awarded by a jury or by the trial court.
Legal Alert, Insurance Coverage
2016 | Legal Alert, Insurance Coverage
The Ninth Circuit has certified to the Nevada Supreme Court the question of whether an insurer is liable for consequential damages caused by its breach of the duty to defend, including default judgments exceeding policy limits.
Legal Alert, Labor and Employment Law
2016 | Legal Alert, Labor and Employment Law
Exceeding even the newly expanded requirements of state law, on June 2, 2016, the Los Angeles City Council increased the city-wide minimum wage to $10.50 per hour and doubled employee paid sick time to 48 hours per year.
Legal Alert, Insurance Coverage
2016 | Legal Alert, Insurance Coverage
The California Supreme Court has confirmed that the attorneys' fees an insured is compelled to incur due to a carrier's bad faith (its "Brandt fees") are compensatory damages to be considered when determining the constitutionality of a punitive damages award against an insurer whether the Brandt fees were awarded by a jury or by the trial court.
Article, Insurance Coverage
2016 | Article, Insurance Coverage
It’s hard to see anything positive in a denial letter from an insurer. But denials sometimes have a silver lining: an insurer’s wrongful denial may actually expand coverage for the insured. This article explores three legal theories that courts use to turn an insurer’s wrongful denial into greater coverage than the insured would have otherwise had: bad faith liability, estoppel, and waiver.
Legal Alert, Business Litigation
2016 | Legal Alert, Business Litigation
Almost all companies have information that they consider trade secrets. On May 11, 2016, President Obama signed into law the Defend Trade Secrets Act creating a new federal civil cause of action which companies may use to defend their trade secrets from misappropriation.
Legal Alert, Insurance Coverage
2016 | Legal Alert, Insurance Coverage
In an opinion that can have a significant impact on insureds' ability to settle claims, the Colorado Supreme Court ruled that policyholders will lose coverage if they strike a deal without their insurer's consent. Travelers Prop. Cas. Co. v. Stresscon Co., No. 13SC815 (Colo. S. Ct. April 25, 2016).
Legal Alert, Labor and Employment Law
2016 | Legal Alert, Labor and Employment Law
With the Mayor’s signature, San Francisco has formally adopted the country’s most generous paid parental leave policy with its new law requiring employers to provide fully-paid family leave for parents after the birth, adoption or foster placement of a child.
Legal Alert, Insurance Coverage
2016 | Legal Alert, Insurance Coverage
A California Court of Appeal has confirmed that primary insurers may not hide behind "other insurance" clauses to refuse to provide coverage.

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