Nov 25 Small v. University Medical Center of Southern Nevada

A recent federal case making the rounds lately is part of a growing trend in courts' and judges' attitudes pertaining to civil discovery of electronically stored information (ESI). To some attorney (especially older lawyers) the trend signals a "sea change" in what courts and litigants expect when it comes to civil discovery obligations. The case is Small v. University Medical Center of Southern Nevada (D. Nev., Aug. 18, 2014, No. 2:13-cv-00298-APG) 2014 WL 4079507, and serves as a cautionary tale. It deals with a large corporate client's massive failure to comply with its discovery obligations to preserve, identify, maintain, retain and collect various electronically stored information (ESI) that included e-mails on its servers, text messages on company mobile phones and other company issued personal mobile devices (such as laptops, tablets and smart phones); and internal accounting, financial and employee timekeeping records, etc.

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Aug 20 Verna Lee Collin v. Calportland Company et al.

Many of our clients purchase companies or assets. These purchases may seem safe from toxic tort liability, but an asbestos landmine may lay dormant. Asbestos claims have long shelf lives because it can take several decades before certain cancers become active. Plaintiffs then sue numerous companies related to the asbestos trade, general manufacturing, contracting, and even spouse’s former employers.

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Jul 01 California Supreme Court Expands Potential Liability for Architects and Design Professionals

The California Supreme Court last week issued a decision with potentially broad liability implications for architects and design professionals. In Beacon Residential Cmty. Ass'n. v. Skidmore, Owings & Merrill LLP (Beacon), decided on July 3, 2014, the California Supreme Court held that an architect owes a duty of care to third party homeowners in the design of residential buildings-even absent a contractual relationship. Thus, homeowners may sue a design professional directly for negligent design work.

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Mar 11 California Supreme Court Brightens Rule Prohibiting Noncompete Agreements

Edwards v. Arthur Andersen involved an employee, Raymond Edwards (“plaintiff”), of Arthur Andersen (“Andersen”) who attempted to secure employment with competitor HSBC in the midst of the collapse of Andersen in 2002. When Andersen initially hired plaintiff in 1997, plaintiff signed a noncompetition agreement that prohibited him form working for or soliciting certain Andersen clients for limited periods of time following the termination of his employment.

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Mar 11 California Supreme Court Rejects Insurance Industry's Attempt to Constrict Coverage for Long-Tail Losses

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Mar 04 Associate Matt Brown Featured in Winter Edition of ABTL-OC Report: "Title Insurers and Escrow Agents: Common But Often Improper Targets in Mortgage-Related Lawsuits"

Payne & Fears LLP associate Matt Brown was published in the recent Winter edition of the ABTL Report discussing "the avalanche of mortgage-related litigation" that is continuing even with the California housing market showing signs of recovery.

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Feb 24 Associate Jared De Jong Published "The Risk Transfer Squeeze in the Homebuilding Industry" in Feb. 24th edition of the Orange County Business Journal

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Feb 01 Payne & Fears Promotes Nathan Cazier and Matthew Durham to Partner

Payne & Fears promoted Nate Cazier of the Irvine office and Matt Durham of the Las Vegas office to partner.

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Jan 20 Payne & Fears LLP Climbs Up Three Spots to #27 on OC Business Journal's Annual Law Firm List

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Jan 14 Associate Chad Olsen Published in January's Edition of "Communique" the Clark County Bar Association's Magazine on Non-Compete Agreements

Five Things Every Lawyers Should Know About Non-Compete Agreements

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