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 13 | Legal Alert, Labor and Employment Law
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Many employers have elected to implement a remote work policy in light of the COVID-19 coronavirus outbreak. If you are one of them, you should consider the following as you transition your workforce to a remote working environment.
Legal Alert, Labor and Employment Law
Mar 13 | Legal Alert, Labor and Employment Law
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In the wake of the COVID-19 virus, employers of all sizes are facing difficult decisions that need to be made without delay. To this end, we will be providing a series of alerts over the next few days to help employers navigate workplace issues posed by the virus. To assist in answering the question, “What should we be doing right now,” below is a checklist of suggestions for employers to consider.
Legal Alert, Insurance Coverage
Mar 11 | Legal Alert, Insurance Coverage
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How bad will the pandemic get? How much will it spread in the United States? Will we develop a vaccine in time to do any good? As insurance lawyers, we have no idea. But we can help you figure out whether your business is insured for the coronavirus risks that keep business owners up at night.
Case Summary, Labor and Employment Law
Mar 09 | Case Summary, Labor and Employment Law
This month's key cases involve payment of wages, res judicata, and gender discrimination.
Legal Alert, Business Litigation
Mar 05 | Legal Alert, Business Litigation
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Last week, the Court of Appeal gave a victory to non-contracted providers of emergency medical services.
Legal Alert, Labor and Employment Law
Feb 28 | Legal Alert, Labor and Employment Law
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In April 2018, the Ninth Circuit held that employers cannot consider pre-employment salary history, even in combination with other factors, to justify gender pay disparities. See Rizo v. Yovino, 887 F.3d 453 (9th Cir. 2018) (en banc). Why is the Ninth Circuit deciding this case again? The author of the majority opinion, Judge Stephen Reinhardt, unfortunately died before the previous opinion was issued, and since his vote made a difference to the outcome of the case, the Supreme Court ordered the decision vacated. See Yovino v. Rizo, 139 S. Ct. 706 (2019).
Article, Labor and Employment Law
Feb 26 | Article, Labor and Employment Law
Minority attorneys continue to depart law firms at a higher rate than those in the majority and continue to be substantially underrepresented at the partner level. With the continued demands of clients and other organizations to improve diversity, law firms need to embrace new and creative solutions.
Article, Labor and Employment Law
Feb 20 | Article, Labor and Employment Law
Construction companies have a unique opportunity to avoid the application of the restrictive new independent contractors' law that took effect this year. This article provides a checklist that will help construction companies determine whether their relationships with subcontractors qualify for this exemption.
Legal Alert, Insurance Coverage
Feb 20 | Legal Alert, Insurance Coverage
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Many businesses shift risk by requiring others with whom they do business - e.g., vendors, subcontractors, suppliers, and others - to procure insurance on their behalf by making the business an "additional insured" under the other person's liability insurance policy.

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