ALFA International Publications

Do the words “give up” mean anything to you? Not a thing. As lawyers, we are expected to be prepared in the event that our clients or our board rooms experience adversity, crises and, at times, even existential crises. It is what we have essentially trained for. But what about when our training takes us in an unexpected direction? What about when we face unexpected challenges from the inside? How…

In today’s global marketplace it is inevitable, and preferable, to develop intercultural relationships. With the internet, international supply chain, and growing economies all over the world the potential market for a company’s services, potential customers, vendors, suppliers, market partners, etc. is almost unlimited. Cultural Competence – What is it and why is it important? Cultural competence…

When the key to the case depends upon quality expert testimony, how do you make sure you choose the right professional for the job? And then, once selected how do you collaborate successfully to make sure that expert opinions are clearly presented to the trier of fact. Whether your expert is a medical professional, a real estate appraiser, a mechanical engineer or a wiz in some other field, you ne…

Global Landscape of Marijuana Legislation The legal status of marijuana and/or cannabis cultivation and usage has dramatically changed over time. In the early 20th century, cannabis was considered an illegal substance by most countries, primarily because of its perceived addictive potential and negative impact on productivity and societal order. In the 21st century, and particularly in recent year…

The Economic Paradox Employers are facing an economic paradox.  On one hand, employers are fighting incessant labor shortages. This has triggered a war for talent, which employers have waged against each other by offering ever-increasing and creative incentives to prospective employees. On the other hand, the chorus of warnings about a coming recession are growing louder and more frequent.  The re…

Effective and critical decision making is essential in our work but can still be very difficult for attorneys and clients involved in conflict.  We tend to believe our own reactions are controllable, and that others will act “rationally.” However, this is not always the case. Research has proven that we are not hardwired for effective decision-making.  Many times, after a critical decision has bee…

Introduction Any lawyer who has been involved in corporate M&A for a period of time will be familiar with the process known as due diligence (DD).  Most M&A lawyers will likely have been involved in conducting the legal aspects of a DD process undertaken by a prospective buyer of either the shares or the assets of a target company.  In a buyer DD process[i],  the buyer or its professional …

Why Is Succession Planning for a Business Important and Essential? The workforce had been changing even before the pandemic, with workers becoming older and not wanting to retire, and Millennials in the workforce presenting challenges for employers. With the pandemic, employers saw an increasing number of employees retire, sometimes at their desks, and they struggled, and continue to struggle, to …

Federal Trade Commission Proposed Non-Compete Ban On January 5, 2023, the Federal Trade Commission proposed a rule that would largely ban non-compete agreements nationally between employers and employees.  If enacted, it would be an “unfair method of competition” for an employer “to enter into or attempt to enter into,” “maintain” or “represent to a worker that the worker is subject to a non-compe…

Working together to resolve complex litigation matters under a reservation of rights can make the insured and the insurance company feel more like adversaries than teammates.  Covered versus non-covered claims, additional insured issues and first and third-party claims all influence the game plan.  Add the risk of excess exposure to pitch and you have potential conflicts that don’t even involve yo…