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Burden of Proof Litigation Strategies

Strafford

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

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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

Fish & Richardson

The Top Three Things Foreign Companies Should Keep in Mind When Considering IPR

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Being sued for patent infringement in the U.S. can be confusing, especially for foreign companies with limited litigation experience. Even more confusing are the multiple options and venues available for responding to patent...more

Ankura

Amendments to Federal Rule of Evidence 702 and the Implications for Expert Witnesses

Ankura on

Effective December 1, 2023, the amendment to the United States Federal Rule of Evidence 702 clarifies and emphasizes existing requirements for the admissibility of expert witness testimony. Overall, the amendment to Rule 702...more

Hogan Lovells

Proof in Trial: University of Louisville

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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

Holland & Hart - Your Trial Message

Call Out Minimized Burdens

At a recent jury selection, opposing counsel — the plaintiff in that case — stepped up to the box of prospective jurors holding two unopened reams of paper. I knew what was coming: If the weight of evidence is completely...more

Sunstein LLP

FanDuel Learns the Hard Way: An IPR Challenge to Any Patent Claim May be Lost if Not Comprehensive and Rigorous Enough

Sunstein LLP on

As we demonstrated in our own successful appeal, Arendi S.A.R.L. v. Apple Inc. (Fed. Cir. 2016), a petition for inter partes review (“IPR”) may fail when an expert declaration lacks detailed explanation. An expert’s...more

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

PTAB Strategies and Insights - April 2020: What Evidence Can Demonstrate That A Printed Publication Was Publicly Accessible?

On April 7, 2020, the Patent Trial and Appeal Board (PTAB) clarified what evidence can demonstrate that an asserted reference qualifies as a printed publication. This two-section article will first address four decisions...more

Hicks Johnson

Genetic Typing Could Answer Key Questions in COVID-19 Tort Litigation

Hicks Johnson on

As the coronavirus pandemic engulfs us, it is easy to imagine the litigation that may follow—including tort suits seeking damages for illness or death allegedly caused by negligent or reckless exposure. Possible fact patterns...more

White & Case LLP

National Bank Trust v Ilya Yurov: "a Ponzi scheme with a fancy name" – Proving Fraud in the English Courts

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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

Hogan Lovells

Data class actions in Europe and spotlights in Mexico, Russia and the U.S.

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The General Data Protection Regulation 2016/679 (GDPR) provides means to enforce provisions related to personal data processing by you as a data controller or data processor. It introduces collective actions everywhere in...more

Weintraub Tobin

Losing Twice at Trial: Denying Requests for Admission Can Come Back to Bite You

Weintraub Tobin on

Litigation tends to be expensive, increasingly so due to the burdens of discovery. (You can thank the advent of emails, text messages, and other forms of communication now documenting conversations that used to take place by...more

Conn Kavanaugh

Special Permit Applicants Must Prove That Proposed Use Complies With Bylaws

Conn Kavanaugh on

If you’re seeking a special permit for a project, be prepared to prove that your proposal complies with the town’s bylaws. First things first. What is a special permit? Generally, a special permit allows an applicant to...more

McManis Faulkner

A Memorable Case

McManis Faulkner on

I have tried many cases over a 50-year period, but the one which received the most worldwide attention was “The Elephant Case”. The case arose in August, 2001, at the San Jose Arena, where Ringling Brothers Barnum & Bailey...more

Hogan Lovells

Four key lessons when facing data class actions in Europe

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Could the GDPR give rise to forum shopping and are there any pre-litigation strategies that should be considered? Here, we review four key elements that should be kept in mind in respect of data class actions in the EU....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Supreme Court Gives PAGA Plaintiffs Broad Right to Contact Information; Recognizes Employee Burden to Show...

On July 13, 2017, the Supreme Court of California issued a unanimous opinion in Williams v. The Superior Court of Los Angeles County (Marshalls of CA, LLC), holding that a representative plaintiff in a Private Attorneys...more

McAfee & Taft

Employer successfully fights EEOC subpoena

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Any employer that has gone through an Equal Employment Opportunity Commission (EEOC) investigation knows one thing is certain: you will have to provide mountains of documents. Normally, the EEOC will informally request...more

Brooks Pierce

Defending A Former Employee On a Non-Compete Or For Misappropriation Of Trade Secrets? Read This.

Brooks Pierce on

Do you really have to rush to Court to obtain an injunction for a misappropriation of trade secrets? Maybe not. But for an injunction enforcing a non-compete agreement, maybe yes. ...more

Morrison & Foerster LLP

Statistical Sampling Debate: A Growing Web Of FCA Cases

The government and qui tam plaintiffs are increasingly employing statistical sampling in False Claims Act cases, particularly in cases where addressing and analyzing large numbers of allegedly false claims poses substantial...more

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