ALFA International Publications

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…

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…

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 …

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…

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…

How Tort Claims Can Shape the Narrative of a Commercial Dispute Generally, a tort is a cause of action to recover damages for personal injury or property damage. Under the common law, a person or entity has a property interest in its contracts, its business expectations and its reputation. Thus, where one’s wrongful conduct causes damage to any one of these business interests, the injured party ma…

WORK RELATED INCIDENTS LEADING TO INJURIES AND FATALITIES OCCUR IN THE CONSTRUCTION INDUSTRY Although recent data supports that they are decreasing in frequency across all sectors, work related incidents resulting in employee injuries and fatalities are unavoidable in the construction industry. Even though the industry, as a whole, has done, and continues to do, a much better job focusing on worke…

Force Majeure and Disputes Pre- and Post-COVID This paper provides various practical and legal arguments, as well as practice tips, which may prove useful to construction professionals who continue to deal with the fall-out or even future disputes. [1] Since the COVID-19 pandemic swept the country starting in March 2020, construction professionals have no doubt become familiar with force majeure.…

Multi-party and complex construction claims can be difficult to navigate, particularly through the early stages of litigation. This coursebook submission focuses on past experiences and best practices on how to properly wade through the challenges of complex claims, implementing procedural and substantive strategies that may mitigate issues, and streamlining the "life" of the litigation. As detail…

Feel the Force: The Era of Smart Construction Has Arrived Smart construction — defined loosely as the development and use of technology in the construction industry — carries a host of benefits. Because building projects are necessarily long-running, complex, and fraught with unanticipated delays,[i] technology has a unique role to play in the construction industry. In the past, the industry has b…