On January 15, 2025, the U.S. Supreme Court clarified the burden of proof employers must satisfy when questions arise concerning employee classification under the Fair Labor Standards Act ("FLSA"). In ...

Burden of proof defines who must prove a point in legal cases. It determines the level of evidence required to win a case. The state has the burden of proof in criminal cases. You may have heard about ...

In the final day of the committee stage of progressing the Data Bill through the House of Lords before the Christmas break, we attempted to persuade the government of the urgent need to consider how ...

Last week, in a highly anticipated ruling, the U.S. Supreme Court issued its decision in EMD Sales Inc. v. Carrera, Case No. 23-217, concluding that a preponderance-of-the-evidence standard applies ...

Several years ago I was in trial defending a client in a lawsuit. The other party was on the stand. He had tremulously raised his hand and sworn to tell the truth. Then he began … to unconscionably ...