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Lee and Li Attorneys at Law | Taiwan | 16 May 2022

Authors should retain evidence of creation of works in order to succeed in copyright claims

In order to enjoy protection under the Copyright Act, a work must possess "originality". The courts will require plaintiffs to prove how their work complies with the "originality" requirement in copyright claims. Authors should keep relevant evidence during and after the creation process to prevent their copyright status from being challenged by the court or a counterparty when asserting......
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Cordato Partners | Australia | 24 Jan 2022

Neighbour’s CCTV turns factory fire alibi into ashes

It seemed like the perfect alibi. While his bedding products factory was ablaze, John Cassimatis said he was at home with his family, watching…
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Gatehouse Chambers | United Kingdom | 20 Oct 2021

Expert Witnesses: TUI Or Not TUI - Should A Party Ask A Question?

The Claimant relies upon an expert’s report. The Defendant doesn’t. Which approach should the Court take: That the Defendant, who does not challenge…
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Bryan Cave Leighton Paisner LLP | United Kingdom | 15 Oct 2021

Uncontroverted expert evidence: what is the court’s role?

What is the role of the court where expert evidence is “uncontroverted”, but appears not to prove the Claimant’s case to the requisite…
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Arnecke Sibeth Dabelstein | Germany | 29 Sep 2021

Secondary burden of proof – extended duty of disclosure under German law

In German transport law, the limitation of liability for goods in custody does not apply if the carrier is guilty of a qualified fault. In principle, the claimant has the full burden of proof. However, the established case law of the Federal Court of Justice assigns an extended duty of disclosure to the carrier whereby the carrier must provide, in good faith, detailed information on the......
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Lexology PRO | European Union, Germany | 27 Sep 2021

German court reverses GDPR burden of proof

A German court has held that data controllers need to demonstrate their compliance with data processing rules – potentially paving the way for a shift in European data breach complaints.
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Cordato Partners | Australia | 15 Aug 2021

Bread, cheese and diesel prove arson

A very high burden of proof must be discharged to prove arson on circumstantial evidence. The thrust of the evidence must be sufficient that a jury…
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Lexology PRO | European Union, Netherlands | 3 Jun 2021

Legal monopoly does not equal dominance, Dutch tribunal rules

A Dutch appeals tribunal has confirmed the dismissal of the national competition authority’s highest-ever abuse of dominance fine because the enforcer failed to show that state-owned railway NS was actually dominant.
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Bennett Jones LLP | Canada | 11 Feb 2021

Logan Estate: An Example of Best Practices in Will Drafting

A person who challenges the validity of a will has the burden of rebutting the presumption that a will is valid. In Logan Estate (Re), 2021 ABCA 6…
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PRO Compliance | Asia-Pacific, Central & South America, USA | 27 Oct 2020

DOJ differs with SEC over Beam Suntory conduct

The beverage company’s $19 million FCPA settlement with the DOJ contrasts markedly with an old SEC resolution over the same conduct.
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