ALFA International Publications

October 21, 2022
On a busy interstate in the American Northeast, a snow squall descended upon unsuspecting drivers going about their day.  While snow in that area is not uncommon, many drivers appeared deceived by the density of the storm and low visibility, leading to a pileup of dozens of vehicles that careened into each other, unable to stop in time to avoid the collision.  At least three people were killed and…
September 21, 2022
An Introduction to the Future Jury Pool Generations are defined not only by the time period in which their members were born, but also by characteristic traits of those members. Although the boundaries vary, Millennials are typically defined as having been born between 1981 and 1996. The oldest of this generation are now 41 years old. Those in Gen Z were born between 1997 and present day. The olde…
September 21, 2022
As the attorneys who will be preparing the witnesses of the future, becoming familiar with the do's and dont's of corporate designee depositions is essential.  This paper will provide some helpful guidance for Future Leaders to prepare and defend their future corporate witnesses. Choosing the Right Witness You have now received a Rule 30(b)(6) deposition notice seeking testimony from a corporate d…
September 21, 2022
Attorneys’ fees are generally not the main focus of any piece of litigation, however, they are important at the beginning, throughout, and at the end of each case. No matter the size or type of case, it is critical to the case evaluation to determine whether attorneys’ fees are recoverable. Whether a party may recover attorneys’ fees largely turns on the relationship of the parties and the nature …
September 8, 2022
Contractual and Extra-Contractual Defenses to Performance During Times of War, Pestilence, Famine, and Wild Beasts If the past two years have taught anything, it is that, whether in business or work,  to expect the unexpected.  Or, perhaps, “Murphy was an optimist.”   Whether it is Covid-19, the war in Ukraine, food shortages, supply chain interruptions, interest rates, energy …
September 8, 2022
Plaintiff attorneys across the nation are brazenly making large demands, and then, if their demands are not met, going to trial and asking the jury for even more money than they originally demanded. One reason plaintiff attorneys feel comfortable requesting what some might consider outlandishly high damages is that they have been successful in receiving them. Often referred to as “nuclear verdicts…
September 8, 2022
And you may ask yourself, “Well, how did I get here?”  And you may ask yourself, “Where does that highway go to?” And you may ask yourself, “Am I right? Am I wrong?” - Talking Heads[i]. Oftentimes it feels as if disputes, whether in the commercial setting or through litigated matters, find us (in-house counsel, risk managers, outside counsel, company principals and decision makers) without having …
September 8, 2022
Bankruptcy Basics2 Chapter 7 (Liquidation); 11 U.S.C. §§ 101(41), 109(b). Available for:    Individuals Partnerships Corporations Other business entities. In a Chapter 7 bankruptcy case, a bankruptcy trustee (appointed by the United States Trustee) gathers and sells the debtor's nonexempt assets and uses the proceeds of such assets to pay holders of claims (creditors) in accordance with the provis…
September 8, 2022
This summer the United States Supreme Court issued opinions on socially and politically polarizing issues, including reproductive rights, gun control, climate change, and immigration. In today’s more interconnected and often more demanding society, your customers and the public frequently expect – and many times demand – your business express much more than neutral statements regarding these charg…
September 8, 2022
Protecting Websites from Copying There are several legal avenues that a company can pursue to protect its website from unlawful copying by competitors.  Federal copyright law protects the content of a website. Statutory protections against trademark infringement prohibit the use of a domain name that is confusingly similar to another company’s trademark.  And the legal doctrine of trade dress exis…
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