News & Analysis as of

Standard of Proof

Farrell Fritz, P.C.

Breach of Fiduciary Duty: A More “Lenient Standard” for Damages?

Farrell Fritz, P.C. on

If Sisyphus were a judge, he’d be assigned the Fuks case. Fuks began on December 26, 1996. Fire up your mental time machine, travel back in time, and picture what was going on in your life those many years ago....more

Fisher Phillips

SCOTUS 2023/24 Lookback and Preview: 8 Key Rulings that Impact the Workplace and 4 New Cases for Employers to Track Next Term

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The Supreme Court issued several momentous decisions last term that will have a lasting impact on employer practices. The Justices continued to shape the workplace law landscape by ruling on an array of issues involving...more

Fisher Phillips

SCOTUS to Ponder Proof in Wage Misclassification Case: 5 Steps for Employers to Comply with Overtime Exemption Rules

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What evidence does an employer need to show a court to prove it correctly classified employees as exempt from minimum wage and overtime pay? The Supreme Court announced on June 17 that it will address a disagreement among...more

Fisher Phillips

Snapshot on Workplace Safety: Will SCOTUS Whistleblower Ruling Have Broader Impact on OSHA Investigations?

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Welcome to this edition of the FP Snapshot on workplace safety, where we take a quick snapshot look at a recent significant workplace law development that affects your safety and health programs. This edition is devoted to...more

Fisher Phillips

SCOTUS Makes it Harder for Employers to Defend Against Whistleblower Retaliation Claims: Key Takeaways for Businesses

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The Supreme Court just rejected an employer’s argument that a whistleblower needs to show the employer acted with retaliatory intent to prove retaliation under the Sarbanes-Oxley Act (SOX), a federal law that protects...more

Fisher Phillips

SCOTUS Predictions: Ruling in Whistleblower Retaliation Case Will Impact Employers’ Defense Strategy

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Does a fired whistleblower need to show their employer acted with retaliatory intent to prove retaliation under the Sarbanes-Oxley Act (SOX)? The Supreme Court has been asked to review the standard of proof in such cases –...more

Dechert LLP

Understanding Updates to the Central Bank of Ireland’s Administrative Sanctions Regime

Dechert LLP on

The Central Bank (Individual Accountability Framework) Act 2023 was signed into law on 9 March 2023 (the “Act”). The Act amends several pieces of legislation relating to the Central Bank of Ireland’s (“Central Bank”)...more

BCLP

Another SIEC in the wall - the ECJ’s judgment in CK Telecoms

BCLP on

Save for the Commission’s decision in M.8792 (Tele2 NL/T-Mobile NL) which cleared the acquisition of Tele2 NL by T-Mobile NL without remedies, the Commission has historically blocked or accepted divestment/behavioural...more

White & Case LLP

EU Court of Justice in CK Telecoms sides with the European Commission's approach to mergers in oligopolistic markets

White & Case LLP on

The EU Court of Justice in the CK Telecoms1 ruling has addressed key questions of EU merger control, including the standard of proof for the European Commission to challenge a merger, the assessment of mergers below the...more

Bennett Jones LLP

An Arguable Case May Be All You Need to Go to Arbitration in Ontario

Bennett Jones LLP on

In the recent Ontario Court of Appeal decision in Husky Food Importers & Distributors Ltd. v. JH Whittaker & Sons Limited, 2023 ONCA 260, the Court addressed the question of what standard of proof a party would need to meet...more

McDonnell Boehnen Hulbert & Berghoff LLP

Amicus Briefing in Amgen v. Sanofi: The Rest of the Story - Part II

The Supreme Court's consideration of the standards for satisfying the enablement provisions of 35 U.S.C. § 112(a) has been occasioned for the first time in over a century by the Court's granting certiorari in Amgen v....more

Adams and Reese LLP

Dallas’s Law Taking Effect in Tennessee: Avoid a Mandatory 30 -Day Suspension of Your Liquor License

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With Dallas’s Law taking effect January 1, 2023, folks in the alcohol industry are asking: what do I need to do to comply with the new Tennessee security laws? The draconian penalty for failing to comply – a mandatory...more

White & Case LLP

ECJ Advocate General recommends setting aside the CK Telecoms judgment and endorsing the European Commission’s established...

White & Case LLP on

Advocate General Kokott has found that the General Court erred in law in requiring the European Commission to show anti-competitive effects of a merger with “strong probability” and that the scope of its judicial review was...more

Dorsey & Whitney LLP

Eighth Circuit Analyzes Scope of FCA Liability Under Anti-Kickback Statute

Dorsey & Whitney LLP on

​​​​​​​On July 26, 2022, the Eighth Circuit Court of Appeals issued an opinion interpreting the standard for the causal link the government must show to establish that a “false or fraudulent” claim under the False Claims Act...more

White & Case LLP

Lessons from the EU General Court’s recent rejections of two appeals of merger prohibitions (Wieland, Thyssenkrupp)

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On 18 May and 22 June 2022, the EU General Court upheld two European Commission prohibition decisions. Both judgments endorsed the European Commission's assessment of the mergers at issue, recognising a broad margin of...more

Kilpatrick

Seven Key Takeaways: Class Certification in the Ninth Circuit – Predominance

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Kilpatrick Townsend partner Jay Bogan, along with three other panel members, recently presented “Class Certification after Olean v. Bumble Bee: Expert Testimony, Uninjured Class Members, and Article III Standing.” This...more

Conyers

Civil Recovery of the Proceeds of Crime and Unlawful Conduct in Bermuda and the Cayman Islands: recent developments

Conyers on

As leading international financial centres, both Bermuda and the Cayman Islands have detailed legislation in place providing methods for the civil recovery by Governmental agencies of the proceeds of crime and unlawful...more

Linda Liu & Partners

The Standards of Proof of the “Original Scope” in the Prior-Use-Right Defense

Linda Liu & Partners on

According to the relevant provisions of the Patent Law of the People's Republic of China, if the same product has been manufactured, the same method has been used, or the necessary preparations have been made for...more

Chambliss, Bahner & Stophel, P.C.

Hot-Button Questions Answered Regarding Conservatorships

By now, most of us have seen the media coverage and are well aware of Britney Spears’ controversial conservatorship case. Spears became “the international face of a movement,” which, according to the Wolters Kluwer article...more

White & Case LLP

EU General Court demands a vigorous effects-based analysis for rebates cases and annuls the European Commission’s Intel decision...

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On 26 January 2022, the EU's General Court (GC) annulled the European Commission's (EC) €1.06 billion fine on Intel for abusing a dominant position with its rebate schemes. The judgment demonstrates that the European Courts...more

Farrell Fritz, P.C.

Civil RICO: A Blunt But Elusive Tool in Business Divorce Cases

Farrell Fritz, P.C. on

What do business divorce litigants have in common with the frill-necked lizard? At the outset of confrontation, they both use in terrorem tactics in an attempt to force their adversary into rapid submission....more

Bradley Arant Boult Cummings LLP

States Enact Statutes that Protect Landlords from COVID-19 Premises Liability Claims

A minority of states have enacted statutes and taken other action to protect business owners from claims by persons who allegedly were infected by COVID-19 on their premises. The purpose of this article is to compare these...more

Littler

OFCCP Issues Final Rule Outlining Procedures for Resolving Employment Discrimination

Littler on

For years, many federal contractors have criticized the Office of Federal Contract Compliance Programs (OFCCP) for misusing statistical methods to support allegations of discrimination against federal contractors and for...more

Dechert LLP

Dawn raids at French supermarkets partially annulled by EU court

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In three recent judgments issued on 5 October 2020, the General Court of the European Union ("GCEU") partially annulled the European Commission’s ("Commission") decisions of February 2017 which had authorized onsite...more

McAfee & Taft

What does an Oklahoma whistleblower have to prove?

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Under some circumstances, Oklahoma law recognizes that a former employee may sue their employer for wrongful discharge if they were fired for performing an act consistent with Oklahoma public policy. One example is...more

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