ALFA International Publications

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
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…
September 8, 2022
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…
July 27, 2022
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…
July 27, 2022
“The construction industry desperately needs qualified, skilled craft professionals to build America.”[1] - Michael Bellaman, ABC President and CEO. While we (hopefully) leave the COVID-19 pandemic behind us, the labor market for construction continues to follow trends from before the pandemic. As with many industries, construction  continues to face problems associated with the supply chain. As …
July 27, 2022
The ready availability of construction equipment and the materials used to construct projects is critical to construction-project delivery worldwide. Whether by pandemic, inflation, war, protective tariffs, or increased competition for a finite supply, scarcity of parts and materials, and their price volatility have triggered project delays — and worse still — project cancellations. Constructors a…
July 27, 2022
Litigation of Construction Defect claims often brings together an admixture of product manufacturers, product sellers/distributors, and product installers.  While these groups may coordinate and work together in the field, the joint-interests and common ground can be challenged in the context of a lawsuit. The divergence of interest among these parties arises from several factors: The s…