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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
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.
Insurance Coverage
2020 | 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
2020 | 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., 02/26/2021
E.g., 02/26/2021
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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.
With countless businesses having either temporarily closed or significantly reduced operations during the coronavirus pandemic, many businesses are rightfully concerned about their ability to meet obligations, and, relatedly, the prospect of their customers being unable to pay their bills. While legislation enacted in response to the pandemic as well as other government-sponsored resources for small businesses have been extensively covered, in this unprecedented business environment, your business should consider all options available to it to ensure its continued success.
Legal Alert, Business Litigation
2020 | Legal Alert, Business Litigation
A businessman standing in the window of a high-rise building reading urgent business documents.
Last week, Governor Gavin Newsom issued an Executive Order authorizing local governments to halt evictions and foreclosures, as well as prohibit utility shutoffs related to the same. Any provision of state law that would otherwise restrict local governments' ability to impose such limitations is now suspended. These protections are in place through May 31, 2020, but that date is subject to change or extension.
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.
Precautionary protective orders, including shelter in place orders, are not a qualifying reason for Emergency Paid Sick Leave Act ("EPSLA") benefits set forth in the Families First Coronavirus Response Act.
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.
By way of Executive Order, California Governor Gavin Newsom suspended, until the end of the COVID-19 emergency, enforcement of the state's WARN Act (Cal-WARN) in connection with mass layoffs or shutdowns brought about by COVID-19, and which would otherwise trigger Cal-WARN's 60-day paid notice requirement.
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.
On March 18, 2020, President Donald Trump signed the bipartisan Families First Coronavirus Response Act (H.R. 6201) into law. On March 27, 2020, President Donald Trump signed the bipartisan Coronavirus Aid, Relief, and Economic Security Act, otherwise known as the CARES Act, ( H.R. 748) into law, which clarified and made some changes to the Families First Coronavirus Response Act and are integrated into this article.
Legal Alert, Insurance Coverage
2020 | Legal Alert, Insurance Coverage
A businessman standing in the window of a high-rise building reading urgent business documents.
Did you know that most property policies cover businesses, like yours, against lost income from a government-ordered shutdown?
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.
As COVID-19 containment efforts expand, a growing number of employers are seeing major disruptions to their operations or reductions in services. Similarly, a growing number of employees are concerned about significant drops in wages caused by quarantines, reductions in work hours, school closures, or job eliminations. In an effort to mitigate the impact of COVID-19 containment efforts on employers and employees alike, several resources and programs have been set up to provide assistance. Below is a brief summary of some of those resources.
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.
You are concerned about potentially sick employees in the workplace. One employee is off work sick for a couple of days, and then wants to return to work. Another plans to return to work after a week of travel. Another appears to be sick at work. They are coughing, sneezing, and appear to be short of breath. You are concerned they may have COVID-19. What can you do? You're not the only one concerned -- your other employees are, too.

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