ALFA International Publications

Many companies and other organizations are turning to biometric data for security.  Biometrics are biological measurements and include fingerprints, retinal scans, handprints, and face scans.  These can allow access to computers, computer programs, and access into secured locations.  The use of biometric data has increased since 2020 as a way to reduce physical interactions.  The rise of two step …

There are four main types of data breaches. Make no mistake: one of them will personally affect each and every professional. Hacker attack:  An attempt to disable computers, steal data, or use a breached computer system to launch additional attacks. Cybercriminals use different methods to launch such a cyberattack, including malware, phishing, ransomware, man-in-the-middle (perpetrator positions h…

Expert witnesses in medical negligence cases – a practical guide The greatest impediment to securing the best expert(s) for your case is neither a dearth of experts nor the tools to locate them. The number one impediment is time or, rather, the limited time busy lawyers and their staff can spend finding and retaining experts.  This article is intended as a guide to assist busy lawyers and their bu…

Mitigating Professional Malpractice Risks: Legal And Ethical Challenges Of Mental Health And Substance Abuse Issues Everyone knows it exists, some choose to ignore it, but what exactly can we do about it? It is no secret that mental health and substance abuse issues are prevalent among professionals. These issues present many risks for professional liability insurers and employers. The most obviou…

Before the pandemic, jury verdicts were already trending upwards, often surpassing traditional expectations. Additionally, COVID has caused many businesses to change operational standards and, in many instances, has negatively affected the popular opinion of corporations. The question now arises: what is the correlation between COVID and the current trend of jury verdicts? RECAP: Jury Verdicts Pre…

Cyber coverage can be traced back to Errors and Omissions (E&O policies) issued to technology companies. These initial cyber coverages were usually added to E&O policies as “network security” or “internet liability” coverage. 1990s The earliest cyber liability insurance generally consisted of policies covering online media or errors in data processing. These policies excluded first-party c…

Personal Jurisdiction – Does Evolving Case Law Make it the “First Best Defense?” For most lawyers both in-house and in their firms, the law school civil procedure course is a distant (and perhaps not too pleasant) memory. International Shoe rings a bell, but why exactly? And yet, for everything there is a season, and the season for contesting personal jurisdiction is now. Early and correct asserti…

It feels like everywhere you turn these days people are talking about implicit or unconscious biases. A brief understanding of what these terms mean and the impact they can have in the workplace (as well as your own personal life) makes it clear why everyone is talking about them.In its simplest form, unconscious biases are social stereotypes about certain groups of people that individuals form ou…

What is the “Heeding Presumption” in Products Liability Warnings Cases? In a product liability case in which the plaintiff is asserting failure to warn claims, the plaintiff ultimately bears the burden of proving that a failure to warn actually caused the plaintiff’s injuries.   Meeting that burden of proof is easier in states which recognize or follow the “heeding presumption” doctrine.…

When developing or acquiring a new product the means by which you can protect your company from legal and business risks are, in theory, straight forward. As with most endeavors, the goals are to avoid risk, shift risk, and quarantine risks that cannot be avoided or redirected. Some guidelines for implementing these goals are set forth below. Avoiding the Risk Due Diligence As a rule, the more in…