Introduction
Digital information now permeates nearly every aspect of modern litigation. Emails, text messages, cloud-based documents, social media activity, and system metadata can play a central role in determining liability, defenses, and damages. They may even help uncover fraudulent claims. For lawyers handling the litigation and the in-house counsel supervising them, the challenge is not onl…
ALFA International Publications
Introduction
In the 1984 Rockwell hit, Somebody’s Watching Me, the protagonist struggles with a growing sense of paranoia due to what he feels is the constant observation – or surveillance – of his daily activities by unknown figures. What were just catchy lyrics in the 1980s now ring as an undeniable truth. And in the context of personal injury litigation and modern workplace management, it is no…
Introduction
Research by the ABA and the Hazelden Betty Ford Foundation highlights that lawyers experience substance abuse and mental health distress at rates significantly higher than the general population. The leading causes are rarely a single factor but rather a "perfect storm" of high-stress environments, personality traits, and a professional culture that often normalizes unhealthy coping m…
The Pre-Suit Investigation
Once a potential catastrophic event has occurred, what happens in the days following that event can make a substantial difference in being prepared for anticipated litigation that will follow the event. The type of catastrophic event will dictate what pre-suit activities that should be taken as soon as possible after the event. However, any type of catastrophic event w…
Combating Life Care Plans
Life care plans are no longer confined to catastrophic loss claims and are being seen in increasing frequency, as an easy way for plaintiffs’ counsels to substantially increase claimed economic damages with minimal proportional investment. Knowing the ‘rules’ is the key to combating these plans. Methodology matters, and life care planners have some common methods for c…
Climate change poses multiple risks to the construction industry and the built environment. Historically, the focus has been on building more green buildings and sustainable projects, but climate change poses a multitude of risks during key phases of the construction process for all projects including:
the procurement phase;
the building phase; and
the project itself once completed.
What a…
Infrastructure Investment and Jobs Act- Overview
The Infrastructure Investment and Jobs Act (IIJA), aka the Bipartisan Infrastructure Law (BIL), was signed into law by President Biden on November 15, 2021.
The IIJA is a transformative federal initiative aimed at revitalizing and modernizing U.S. infrastructure. The IIJA represents a historic investment in our nation’s core infrastructure prioriti…
KEY FACTORS WHEN CONSIDERING WHETHER TO JOINT VENTURE
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Finding the right fit with a joint venture partner is crucial to the suc…
INTRODUCTION
Construction contracts involve intricate risk allocations, especially when it comes to delays, defects, or disruption-related damages. The American Institute of Architects (AIA) publishes widely adopted standard-form construction contracts, notably AIA A201-2017, General Conditions of the Contract for Construction. These contracts contain detailed provisions that allocate financial r…
Risk Allocation for Climate Change Impacts in Construction
Climate change poses multiple risks to the construction industry and the built environment. Historically, the focus has been on building more green buildings and sustainable projects, but climate change poses a multitude of risks during key phases of the construction process for all projects including:
the procurement phase;
the build…