News & Analysis as of

Burden of Proof Evidentiary Standards

Fox Rothschild LLP

Supreme Court Will Decide Burden Of Proof In FLSA Exemption Cases: A Monumental Decision On The Way!

Fox Rothschild LLP on

I am fascinated by the case that the Supreme Court has announced it will take on. The Court will decide the proper evidentiary standard that an employer must meet in order to establish that employees are exempt under Part...more

McDermott Will & Emery

Erschütterung des AU-Beweiswertes bei passgenauer Krankschreibung

McDermott Will & Emery on

Folgt auf die Kündigung des Arbeitgebers die Vorlage von Arbeitsunfähigkeitsbescheinigungen, die den Zeitraum bis zur Beendigung des Arbeitsverhältnisses passgenau abdecken, kann deren Beweiswert erschüttert sein. Das BAG...more

Venable LLP

Stemming the Tide: Ed Sheeran’s Copyright Victory Brings Changes to Copyright Evidentiary Burden

Venable LLP on

A United Kingdom High Court recently ruled in favor of singer-songwriter Ed Sheeran (Sheeran) in a contentious copyright infringement case over his 2017 song, Shape of You (“Shape”). The Court granted Sheeran’s claim for...more

Husch Blackwell LLP

The Impact of Droz on Evidentiary Standards in Delaware

Husch Blackwell LLP on

On March 28, 2022, the Supreme Court of Delaware settled a 15-year battle between asbestos plaintiffs and defendants by affirming the burden-shifting framework provided in a 2006 Superior Court decision This decision affirms...more

Hinshaw & Culbertson - Consumer Financial...

Consumer Law Hinsights – July 2020

Welcome to Consumer Law Hinsights?a monthly compilation of nationwide consumer protection cases of interest to financial services and accounts receivable management companies. This edition highlights our interactive COVID-19...more

White & Case LLP

Proving Fraud in the English Courts – a higher standard?

White & Case LLP on

The Court of Appeal has confirmed in Bank St Petersburg PJSC v Vitaly Arkhangelsky that the correct standard of proof where issues of dishonesty arise is not a ‘heightened’ civil standard, but the balance of probabilities....more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2019 PTAB Year in Review: Analysis & Trends: The PTAB’s Evolving Evidentiary Standards: Printed Publications at the Institution...

The PTAB’s evolving evidentiary standards often perplex petitioners and patent owners.  Historically, significant party effort has gone into attempting to establish that non-patent literature, such as articles, textbooks,...more

Knobbe Martens

PTAB’s New Informative Decisions Remind IPR Petitioners of Need for Well-Developed Rationale for Combining References

Knobbe Martens on

On December 11, 2019, the PTAB designated two additional decisions as “informative.”  Such informative decisions are not binding on subsequent panels, but are meant to provide guidance on recurring issues encountered by PTAB...more

Proskauer - Proskauer For Good

New York Toughens Anti-Trafficking Law

What I thought would be a simple bill signing ceremony for legislation intended to protect children from sex trafficking turned out to be something more. On August 15th in lower Manhattan, rock music blared in the community...more

Jones Day

DOJ Toughens Antitrust Consent Decree Enforcement

Jones Day on

The Situation: The U.S. Department of Justice Antitrust Division ("DOJ") has adopted new terms in recent consent decrees that enhance DOJ's ability to enforce its settlements, most importantly by lowering the evidentiary...more

King & Spalding

Federal Energy Regulatory Commission Details the Evidentiary Support a Gas Storage Company Must Provide to Justify Market-Based...

King & Spalding on

The Federal Energy Regulatory Commission issued an order on October 15, 2015 in which it addressed the first fully-litigated proceeding where a natural gas storage provider sought authorization to charge market-based rates....more

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