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
The California Fair Employment and Housing Council (“FEHC”) recently adopted amendments to the existing regulation on sex discrimination which address transgender identity and expression.
Insurance Coverage
In Montrose Chemical Corporation of California v. Superior Court, the California Court of Appeal issued a decision that has the potential to upend years of settled law and create confusion about when policyholders can tap into excess insurance for insurance claims that span multiple policy years.
Business Litigation
Last week, the Ninth Circuit in DRK Photo v. McGraw-Hill (9th Cir. Sept. 12, 2017) confirmed that holders of non-exclusive copyright licenses lack standing to sue for infringement regardless of whether the licensee was also nominally assigned the legal title to the work.
E.g., 09/24/2017
E.g., 09/24/2017
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Publication, Labor and Employment Law
Aug 02 | Publication, Labor and Employment Law
Attorneys Matthew Durham and Chad Olsen published "Brief Answers To Frequently Asked Employment-Related Questions" in the August 2017 issue of Nevada Lawyer.
Interview, Insurance Coverage
Jul 17 | Interview, Insurance Coverage
Attorney Jared De Jong discussed cyber liability insurance for a Tech Insurance blog titled "3 Ways Cyber Liability Insurance Can Protect IT Consultants from Phishing Lawsuits."
Article, Business Litigation
Jul 17 | Article, Business Litigation
There is no question that noncompete agreements in California employment contracts are generally unenforceable. Many other states, however, may enforce such agreements if they are “reasonable” in duration and geographic scope. So, what is a California employer to do if a prospective employee signed a noncompete agreement with a forum selection and choice of law provision for a state which favors noncompete agreements?
Article, Business Litigation
Jul 11 | Article, Business Litigation
What is the scope of discovery that a judgment creditor can obtain from a third party in a judgment debtor examination? Extensive, according to the court in Yolanda’s, Inc. v. Kahl & Goveia Commercial Real Estate.
Case Summary, Labor and Employment Law
Jun 30 | Case Summary, Labor and Employment Law
This month’s key California employment law cases involve civil procedure (class and representative actions) and wage and hour (retaliation) issues.
Resource, Labor and Employment Law
Jun 20 | Resource, Labor and Employment Law
This one-page chart outlines the current federal and state laws relating to pay equity.
Article, Business Litigation
Jun 19 | Article, Business Litigation
On Monday, June 19, 2017, the U.S. Supreme Court in Matal v. Tam, 582 U.S._ (2017), unanimously struck down the disparagement clause of the Lanham Act, 15 U.S.C.A. § 1052(a), on grounds that it violates the Free Speech Clause of the First Amendment.
Legal Alert, Labor and Employment Law
Jun 12 | Legal Alert, Labor and Employment Law
In a positive development for employers, the United States Department of Labor (DOL) announced on Wednesday, June 7, 2017, that it is withdrawing two Interpretations issued during the Obama Administration.
Article, Business Litigation
May 31 | Article, Business Litigation
A recent decision by the California Court of Appeal in Behunin v. Superior Court, 9 Cal. App. 5th 833 (2017), is a reminder that a party’s communications with an attorney and a third party consultant must be reasonably necessary for the attorney’s representation of the client for the attorney-client privilege to apply.

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