News & Analysis as of

Burden of Proof Evidence

Society of Corporate Compliance and Ethics...

[Virtual Event] Fundamentals of Compliance Investigations - December 16th - 17th, 8:00 am - 5:00 pm CT

Handle investigations with confidence - Effective compliance programs rely on effective investigators to follow up on reports and identify potential gaps that need attention. If you are a new or future investigator or are...more

Kohrman Jackson & Krantz LLP

How to Prepare for a Title IX Hearing: Tips and Strategies

You’re sitting in your dorm room (or office), putting the finishing touches on an assignment, when an email from your university’s Title IX office appears in your inbox. As you read it, your heart sinks: a student you briefly...more

Society of Corporate Compliance and Ethics...

[Event] Experienced Investigator Workshop - September 26th - 27th, Grapevine, TX

This two-day interactive workshop is for investigators who already know the basic skills and leaders who supervise an organization’s investigations program. Attendees will engage in expert-led discussions on a wide variety of...more

Strafford

[Webinar] FLSA Collective Action: Erosion of Lusardi Two-Step Certification, Appellate Courts’ New Standards, Circuit Split -...

Strafford on

This CLE webinar will examine the status of FLSA collective action certification following the recent Swales and Clark appellate decisions, including a close look at the new standards established under each. The panel will...more

Hogan Lovells

Proof in Trial: University of Louisville

Hogan Lovells on

Subscribe and listen to Proof in Trial here: https://proofintrial.lnk.to/series A high-stakes U.S. Supreme Court case with precedent-setting ramifications on federal elections, an NCAA basketball team fighting for its...more

Society of Corporate Compliance and Ethics...

[Virtual Event] Fundamentals of Compliance Investigations - May 1st - 2nd, 10:00 am - 2:00 pm CT

Handle investigations with confidence - Effective compliance programs rely on effective investigators to follow up on reports and identify potential gaps that need attention. If you are a new or future investigator or are...more

Society of Corporate Compliance and Ethics...

[Event] Experienced Investigator Workshop - June 3rd - 4th, New Orleans, LA

This two-day interactive workshop is for investigators who already know the basic skills and leaders who supervise an organization’s investigations program. Attendees will engage in expert-led discussions on a wide variety of...more

Sheppard Mullin Richter & Hampton LLP

The Intertwining Nature of Motivation to Combine and Reasonable Expectation of Success

In Elekta Limited v. Zap Surgical Systems, Inc., No. 21-1985 (Fed. Cir. Sept. 21, 2023), the case addresses the interplay between findings related to motivation to combine and reasonable expectation of success in determining...more

Kilpatrick

Rule 702 has been amended to clarify the burden of proof and the trial court’s gatekeeping role

Kilpatrick on

Effective December 1, 2023, Federal Rule of Evidence 702 has been amended to address the standard for admission of expert opinion testimony. The amendments confirm that the trial judge, in its gatekeeping role, must determine...more

EDRM - Electronic Discovery Reference Model

Maryland Supreme Court Rejects Proposed Sanctions Rule Paralleling Fed.R.Civ.P. 37(e)

The Supreme Court of Maryland adopted an amendment to Maryland Rule 2-433, which governs sanctions in Maryland state courts. Amended Maryland Rule 2-433(b) abandons the shallow “safe harbor” rule....more

Nossaman LLP

Regarding landslide liability, the Court is not interested in the “Chicken or Egg” debate

Nossaman LLP on

With the frequency of wildfires and flooding, landslides are becoming more frequent throughout California.  When public agencies have water pipelines located in hillsides, the situation presents the classic “chicken or egg”...more

Weber Gallagher Simpson Stapleton Fires &...

The Idiopathic Defense: A Rare Win for the Employer

On September 28, 2023, the Superior Court, in an unpublished Decision, found in favor of the respondent and denied a Claim Petition based upon the idiopathic defense (Duane Sykes v. George Harms Construction Company, Inc.,...more

Society of Corporate Compliance and Ethics...

[Virtual Event] Fundamentals of Compliance Investigations - November 28th - 29th, 10:00 am - 2:00 pm CT

Gain the tools you need to lead investigations with confidence! Get guidance from experienced practitioners on the core principles of conducting effective compliance investigations. You’ll receive comprehensive instructions...more

Bricker Graydon LLP

Expert Competency Rule Change Reverses Effects of Johnson v. Abdullah

Bricker Graydon LLP on

To succeed in meeting their evidentiary burden for a medical malpractice claim, a plaintiff must prove a breach of the standard of care, causation, and damages through expert testimony. See Bruni v. Tatsumi, 46 Ohio St.2d...more

Society of Corporate Compliance and Ethics...

[Virtual Event] Fundamentals of Compliance Investigations - September 7th - 8th, 1:00 pm - 5:00 pm CET

Handle investigations with confidence - Learn the core principles of conducting effective compliance investigations including gathering evidence, documentation, conducting interviews, and reporting results....more

Society of Corporate Compliance and Ethics...

[Event] Experienced Investigator Workshop - October 23rd - 24th, San Diego, CA

Are you looking to take your investigative skills to the next level? This new conference is for experienced investigators who already know the basic skills and for leaders who supervise the organization’s investigations...more

Society of Corporate Compliance and Ethics...

[Virtual Event] Fundamentals of Compliance Investigations - June 1st - 2nd, 8:55 am - 1:00 pm SGT

Handle investigations with confidence - We’ve renamed our highly effective workshop, Conducting Compliance Investigations, to better reflect the content. The agenda remains focused on guiding you through the core...more

Society of Corporate Compliance and Ethics...

[Event] Experienced Investigator Workshop - June 19th - 20th, Orlando, FL

Are you looking to take your investigative skills to the next level? This new conference is for experienced investigators who already know the basic skills and for leaders who supervise the organization’s investigations...more

Society of Corporate Compliance and Ethics...

[Virtual Event] Fundamentals of Compliance Investigations - April 13th - 14th, 10:00 am - 2:00 pm CT

Handle investigations with confidence - We’ve renamed our highly effective workshop, Conducting Compliance Investigations, to better reflect the content. The agenda remains focused on guiding you through the core...more

Linda Liu & Partners

Application of Obstruction of Evidence Production Rule in Patent Infringement Disputes (I)

Linda Liu & Partners on

Forward - In order to strengthen the protection of patent rights and try to solve the problems of "long cycle, difficult evidence production and low compensation", the cases of applying the obstruction of evidence...more

Society of Corporate Compliance and Ethics...

[Virtual Event] Conducting Compliance Investigations - October 6th - 7th, 8:55 am - 1:00 pm SGT

Want to become a better investigator? Learn the core principles of conducting effective compliance investigations so that you're prepared next time you are called upon. Receive detailed and valuable information from...more

Society of Corporate Compliance and Ethics...

[Virtual Event] Conducting Compliance Investigations - September 27th - 28th, 10:00 am - 2:05 pm CDT

Want to become a better investigator? Learn the core principles of conducting effective compliance investigations so that you're prepared next time you are called upon. Receive detailed and valuable information from...more

Fox Rothschild LLP

Why Do Judges Keep Wrongly Denying Cohabitation Motions

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For decades, cohabitation was grounds to at least get a review of alimony. When the alimony statute was amended in 2014, almost 8 years ago, the revisions made it easier for alimony payors to get out from under their alimony...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

Carlton Fields

In re Burden of Proof v. Standard of Review

Carlton Fields on

A Florida appellate court recently wrote to reiterate the difference between (1) the evidentiary burden of proof for a party in the trial court and (2) the appellate standard of review. The distinction was dispositive of the...more

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