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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
Feb 03 | Labor and Employment Law
Feb 03
OSHA Issues Guidance On Mitigating, Preventing Spread of COVID-19 in the Workplace
By: Amy R. Patton, Blake A. Dillion
On January 29, 2021, the Occupational Safety and Health Administration (“OSHA”) issued new employer guidance on mitigating and preventing the spread of COVID-19 in the workplace. This guidance is intended to help employers and workers outside the healthcare setting to identify risks of being exposed to and of contracting COVID-19 and to determine any appropriate control measures to implement. While this guidance is largely duplicative of prior OSHA and Centers for Disease Control and Prevention (“CDC”) guidance and recommendations, it contains a few new and updated recommendations that employers should note.
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Insurance Coverage
2020 | Insurance Coverage
2020
Ninth Circuit Rejects Excess Insurer's Attempt to Dispute Exhaustion of Underlying Insurance
By: J. Kelby Van Patten, Jared De Jong
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.
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Business Litigation
2020 | Business Litigation
2020
Changing Your Terms and Conditions? If So, Your Company Must Provide Express Notice to Consumers
By: David A. Grant
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.
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Article, Business Litigation
2020 | Article, Business Litigation
A table with a green plant, coffee cup, and a stack of print publications.
2020
California Appellate Court Issues Guidance on Enforcing Arbitration Agreements
By: Randy R. Haj, Scott O. Luskin
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.
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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.
2020
What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws
By: Amy R. Patton, Megan A. Mackie
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.
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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.
2020
The EEOC Continues to Update Guidance on Returning to Work Pandemic-Prepared
By: Amy R. Patton, Leilani E. Jones
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.
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Legal Alert, Business Litigation
2020 | Legal Alert, Business Litigation
A businessman standing in the window of a high-rise building reading urgent business documents.
2020
Congress and the President Approve Additional Funding for the Paycheck Protection Act and Include New Funding for the Healthcare Industry
By: Alejandro G. Ruiz
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.
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Legal Alert, Business Litigation
2020 | Legal Alert, Business Litigation
A businessman standing in the window of a high-rise building reading urgent business documents.
2020
Supreme Court Strikes Down "Willfulness" Requirement for an Award of Ill-Gotten Profits in Trademark
By: David A. Grant
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.
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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.
2020
Arbitration Agreements with Class Waivers: Be Careful What You Wish For
By: Philip K. Lem
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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Case Summary, Labor and Employment Law
2020 | Case Summary, Labor and Employment Law
A man sitting at a desk writing with a pen and paper.
2020
Key California Employment Law Cases: March 2020
By: Alejandro G. Ruiz, Rana Ayazi, Tyler B. Runge
This month's key employment law cases involve payment of wages, claims under the Private Attorneys General Act (PAGA) and employer consumer report disclosures.
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Resource, Labor and Employment Law
2020 | Resource, Labor and Employment Law
Silhouettes of seven forward-facing business men and women.
2020
Looking Ahead: A Comprehensive Guide to COVID-19 Employment Decisions Through Downsizing, Furloughs, and Return to Work
By: James R. Moss, Jr., Rana Ayazi
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.
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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.
2020
Mayor Garcetti Signs Emergency Orders Increasing Worker Protections and Mandating Supplemental Paid Sick Leave
By: Andrew K. Haeffele, Rana Ayazi
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.
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