Proof in Trial: University of Louisville
2021 Bid Protest Decisions with Far-Reaching Impacts for Government Contractors
#WorkforceWednesday: CA Whistleblower Retaliation Cases, NYC Pay Transparency Law, Biden’s Labor Agenda - Employment Law This Week®
Secondary Considerations of Non-Obviousness - Patents: Post-Grant Podcast
The Risk of Personal Injury Claims from COVID-19 and What to Do About It
Navigating the New Normal: Risk Management and Legal Considerations for Real Estate Companies
VIDEO: Will Pending Federal Covid-19 Legislation Preempt Longstanding State Laws Regarding the Burden of Proof in Workers’ Compensation Claims?
Podcast: IP Life Sciences Landscape: Aiding Orange and Purple Book Patent Owners in Developing PTAB Survival Skills
II-31- The Changing 9 to 5 From 1980 to Today
In Short - The Situation: The EU Product Liability Directive 85/374/EEC ("PLD") was adopted nearly 40 years ago and has remained almost unchanged since its inception....more
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
The UK Supreme Court decision in Royal Mail Group Ltd v Efobi confirms that employees must still prove facts from which a tribunal could draw an inference of discrimination before their claim can proceed, despite a change of...more
Introduction - In this OnPoint we report on a recent Employment Appeal Tribunal decision which provides a useful reminder of the need for employers to consider mitigation of loss at an early stage when preparing for...more
On 15 December 2020, the French administrative court specified who bears the responsibility to prove that two plant protection products are deemed identical, even in their packaging boxes, in the context of submitting an...more
This LawFlash provides a summary of the judgment of Lord Justice Flaux and Mr. Justice Butcher as it relates to the determination of the prevalence of coronavirus (COVID-19) under a particular policy. The court was somewhat...more
Defendants in competition damages actions often argue that claimants mitigated any loss in competition damages claims by passing on any allegedly unlawful price increase to their customers. In Sainsbury’s v. Mastercard [2020]...more
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
On December 4, 2019, Skadden hosted a discussion with Sir Marcus Smith QC, a Justice of the High Court and a chair of the Competition Appeal Tribunal (Tribunal). Sir Marcus has presided over leading cases in the U.K. on...more
National Bank Trust v Ilya Yurov & Ors [2020] EWHC 100 (Comm) provides a useful insight to the English Court's approach to pleading and evidencing fraud, emphasising the importance of properly particularised claims and...more
On 7 October 2019, the Council of the European Union formally adopted a new Directive on the protection of persons who report breaches of Union law. The Directive was published in the Official Journal of the European Union on...more
In BritNed v ABB, the English Court of Appeal substantially reduced the UK's first award of damages in a so-called cartel damages claim brought for breach of European competition law. In so doing, the Court rejected calls for...more
Coming clean – false reason for dismissal shifted burden of proof - In Base Childrenswear Ltd v Otshudi the Court of Appeal confirmed that giving a false reason for dismissal and persisting with it was enough to shift the...more
We include the 2018 chapter in its entirety for reference following the 2019 update. Background - As part of last year’s Labour & Employment group paper, "Sexual Harassment in the Workplace: What Your Company Needs to...more
We include the 2018 chapter in its entirety for reference following the 2019 update. UK update 2019 - The #MeToo movement continues to encourage women to speak out about unacceptable behaviours that they encounter at...more
EU data protection law contains a powerful tool called a Subject Access Request ("SAR") which allows an individual to obtain copies of data about themselves, on demand, within a tight timeframe, and at low cost. Satisfying...more
Bank Mellat v HM Treasury [2019] EWCA Civ 449 - Synopsis - Obligations of confidentiality arising under a foreign legal system do not automatically entitle a party litigating in England to withhold documents from...more
In a recent judgment the Court of Appeal in Kaefer Aislamientos SA de CV v AMS Drilling Mexico SA de CV & Ors [2019] EWCA Civ 10 clarified the three-stage test which must be applied by the Court when determining an...more
Our February update considers recent developments in employment law, including cases on discrimination and equal pay. We also outline other points of note, including developments relating to right to work checks, the Equality...more
New arrival – proposals to extend redundancy protection for parents - The government is consulting on whether to extend redundancy protection for pregnant women and new parents....more
Milwaukee-based Harley-Davidson announced on Monday that it will shift some of its motorcycle production overseas “to avoid retaliatory tariffs imposed by the European Union” in response to the White House’s trade moves....more
Court of Appeal Finds that Fairness of Decision Depends on Decision-Maker’s Actual Knowledge - Precedential Decision by Judiciary or Regulatory Agency - Dismissing an employee because they have made protected...more
In this weeks issue: - You broke it, you fix it – unpaid holiday could be carried forward indefinitely - Go with the flow – burden of proof shifts in discrimination claims - Going up – increased minimum wage and...more
In a landmark decision, BPE Solicitors & anr v Hughes-Holland (in substitution for Gabriel) [2017] UKSC 21, the Supreme Court provided guidance on the application and effect of the well-known, but often misunderstood, ‘SAAMCO...more