ALFA International Publications

While the merits of Diversity, Equity, and Inclusion (“DE&I”) in the workforce have long been discussed, it was only after the murder of George Floyd and the demand for social justice reform, did DE&I initiatives come to the forefront.  However, DE&I is often thought of as a “hot topic.”  But the term “hot topic” evokes a certain thought process that the underlying idea or co…

Litigation alleging “negligent security” as a consequence of isolated criminal assaults is not new to the hospitality and retail industry. In fact, it is well known that such lawsuits represent potential high exposure, particularly in certain venues.[i] However, the increasing number of “active shooter” and “mass shooting” incidents has brought greater focus on the broader risk to multiple victims…

In today’s legal environment, trials are no longer a certainty; however, it is clear, beyond peradventure that every case will be referred to mediation. Since Chief Justice Burger’s original admonition to the American Bar Association that the legal profession needed to do something about the plethora of cases being litigated and that the Court would do something about it if their lawyers did not, …

Are extreme jury awards – known as “nuclear verdicts” – the new normal? From 2015 to 2019, the average verdict in the National Law Journal’s Top 100 Verdicts more than tripled from $64 million to $214 million. (National Law Journal’s 2015 and 2019 editions of the Top 100 Verdicts studies). These socially inflated verdicts are creating challenges for the insurance industry, making it difficult to u…

Running with the Bulls Running with the Bulls: How to Win Top-Dollar Settlements is the title of the 2018 book by nationally recognized plaintiff's attorney, Nicholas Rowley.  Attorney Rowley's websites, nicholasrowley.com and tl4j.com (Trial Lawyers for Justice), state that Attorney Rowley has achieved over $2 billion in verdicts and settlements for his clients, including: $131 million against…

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…

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…

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…

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 …

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 …