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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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.
Legal Alert, Business Litigation
2015 | Legal Alert, Business Litigation
In a decision which narrows the contractual rights of companies doing business in California, the United States Court of Appeals for the Ninth Circuit ruled last week that jury trial waivers in contracts signed under California law will not be upheld in federal court, even where those agreements are entered voluntarily and knowingly. In re County of Orange, filed April 16, 2015.
Legal Alert, Labor and Employment Law
2015 | Legal Alert, Labor and Employment Law
Employers should review their employee handbooks for legal compliance in light of two recent developments.
Legal Alert, Business Litigation
2015 | Legal Alert, Business Litigation
In the recently published case, Gray1 CPB LLC v. SCC Acquisitions, Inc., the Court of Appeal determined that an attorney's acceptance of a $13 million certified check covering his client's entire judgment plus interest prevented the client from also obtaining attorney fees for enforcing the judgment. This meant that the client was out more than $3 million in fees.

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