Mental & Emotional Claims on the Rise
In recent years, the number of charges filed with the U.S. Equal Employment Opportunity Commission (EEOC) related to mental and emotional health claims has seen a noticeable increase. These claims often cite violations under the Americans with Disabilities Act (ADA), which protects employees from discrimination based on physical or mental impairments that …
ALFA International Publications
Post-Covid Employment Changes
POSITIVE IMPACTS
Improved work life balance
Increased productivity
Reduced commute time and costs
Lower operational costs
Expanded talent pools
Reduced stress
Environmental benefits
NEGATIVE IMPACTS
Social isolation
Communication/collaboration difficulties
Blurred work/life boundaries
Home office constraints
Technology dependence
M…
Introduction
Both Department of Labor activity and private litigation related to wage and hour violations have shown no signs of slowing in recent years. The DOL recovered over $273 million in back wages and damages in 2024.[1] Similarly, wage and hour class and collective actions continue to be filed across the country, with larger reported settlements in 2024 ranging from $13.5 million to $233…
Lapse and Cancellation
The terms lapse and cancellation are often used interchangeably. The two are not the same and differing rules typically govern each. The case law that addresses these issues always arises in the context of a loss, making it all the more important that an insurance company’s response is accurate and clear on both the policy history, status at loss, and resulting claim decisio…
Timed Policy Limit Demands
Plaintiffs’ lawyers use timed policy limit settlement demands to attempt to leverage a higher settlement and, sometimes, to create an opportunity to recover in excess of the policy limits. Sometimes, plaintiffs’ lawyers employ a bad faith setup where they make a time limited demand for the policy limits but craft the demand to get the insurer to deny the demand in a way…
Tort Reform and the Policy of Legal System Abuse
What is Tort Reform?
Tort reform refers to legislative measures aimed at modifying the civil justice system to address concerns about the costs and unpredictability of litigation, particularly in tort cases. Traditionally, tort reform efforts have focused on increasing the affordability and availability of insurance by making the risks associated wi…
As the attorneys who will be preparing these lucky witnesses, becoming familiar with the “do's and dont's” of corporate designee depositions is essential. This paper will provide some helpful guidance to prepare and defend witnesses in Rule 30(b)(6) depositions.
Choosing the Right Witness
You have now received a Rule 30(b)(6) deposition notice seeking testimony from a corporate designee for your …
DISCOVERY ON DISCOVERY
With the advent of e-discovery and all that entails, an emerging trend is for litigants to conduct focused discovery on how institutions have gone about identifying and gathering the information that has (or has not) been produced. This panel will explore the types of discovery requests being seen in this space and strategies for responding.
General Overview of the Issues
A …
Overview
What is Artificial Intelligence?
Artificial Intelligence (“AI”) is a technology that enables computer systems to complete tasks that normally require a human’s intelligent behavior, such as collecting information, analyzing data, and making decisions. As it continues to improve, AI has become more proficient at tasks that have historically been difficult for computers, such as recognizing…
THE STAKES
Rescission of an insurance policy is the most severe remedy available to an insurance carrier. Often, where there is a misrepresentation on the application by the insured, there is an emotional response which demands redress. However, rescission as a remedy must be analyzed under business considerations and principles of contract. From the carrier’s perspective, the misrepresentation ha…