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., 11/21/2017
E.g., 11/21/2017
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Legal Alert, Business Litigation
2015 | Legal Alert, Business Litigation
In McMillin Albany, LLC, v. Superior Court, the Court of Appeal held last week that when homeowners allege deficiencies in residential construction, they must comply with the prelitigation procedures of the Right to Repair Act, even if they only assert common law causes of action for construction defects and do not seek any remedies under the Act.
Legal Alert, Labor and Employment Law
2015 | Legal Alert, Labor and Employment Law
A federal judge in San Francisco has dealt a huge blow to Uber Technologies, Inc. by certifying a class of Uber drivers who claim the popular ride-hailing company misclassified them as independent contractors and unlawfully withheld tips.
Legal Alert, Insurance Coverage
2015 | Legal Alert, Insurance Coverage
In an opinion that will likely have a major impact on mergers and acquisitions, the California Supreme Court ruled that an insurance carrier may not use a "consentto-assign" clause to deny coverage for injuries or damage that occurred before the insured assigned its rights to coverage under a liability policy.
Legal Alert, Insurance Coverage
2015 | Legal Alert, Insurance Coverage
In a highly-anticipated decision regarding an insurer's rights against an insured's independent counsel, the California Supreme Court has ruled that an insurer may sue independent counsel for reimbursement of excessive defense costs if those costs were paid involuntarily pursuant to a trial-court order that expressly permitted the insurer to "recover payments of excessive fees." Hartford Cas. Ins. Co. v. J.R. Marketing, LLC, ___ Cal. 4th ___ (Aug. 10, 2015).
Publication, Insurance Coverage
2015 | Publication, Insurance Coverage
One frequently litigated issue in the insurance-coverage world is whether an insurer has committed bad faith by failing to settle a third-party claim. This article reviews the recent appellate decisions, the direction in which the law may continue to develop, and the practical lessons that attorneys representing plaintiffs and policyholders can draw from these new authorities.
Legal Alert, Labor and Employment Law
2015 | Legal Alert, Labor and Employment Law
Governor Brown just signed urgency legislation effective immediately fixing some of the problems in California's Healthy Workplaces, Healthy Families Act of 2014, the Paid Sick Leave Law. Key changes to the Paid Sick Leave Law include...
Legal Alert, Labor and Employment Law
2015 | Legal Alert, Labor and Employment Law
Effective July 3, 2015, a pair of ordinances known collectively as the Formula Retail Employee Rights Ordinances or the Retail Workers’ Bill of Rights (“Ordinances”), places substantial burdens on covered San Francisco employers and limits their flexibility to schedule part-time employees and to hire temporary labor.
Publication, Business Litigation
2015 | Publication, Business Litigation
Attorneys Benjamin Nix and David Grant authored "Will California Like Social Media Tombstone Announcements or Will Employees Have to Unfriend Their Social Media Client Contacts?" for the Association of Business Trial Lawyers (ABTL) Spring 2015 report.
Legal Alert, Labor and Employment Law
2015 | Legal Alert, Labor and Employment Law
Many California employers are assuming--incorrectly--that because they have an existing paid time off (PTO) or sick leave policy, they do not need to review their policies for compliance with California's new paid sick leave law, which requires paid sick leave starting on July 1, 2015.

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