Superstorm Sandy had a colossal impact on the citizens of the northeastern United States, and especially on the people of New Jersey and New York and on their homes, businesses and property insurers.  This superstorm, with a diameter of 1,100 miles, struck New Jersey and New York on October 29, 2012, and since that time property insurers have faced a multitude of complex issues.  This program  focused on these issues, recent developments and best practices for responding to an onslaught of claims and disputes.

A distinguished panel of three attorneys with extensive experience with disaster-related property losses shared their insights on how property insurers can respond to Superstorm Sandy.  Specifically, the panel addressed actions by governmental authorities, flood versus wind damage, deductibles, coverage triggers, business interruption claims, FEMA policies and broker responsibility.

A distinguished panel of three experienced insurance coverage attorneys who practice throughout the United States shared their insights about minimizing the pitfalls and negative ramifications associated with not defending an insured under a reservation of rights and avoiding bad faith litigation.  Specifically, the panel addressed how to avoid negating coverage defenses under doctrines of waiver and estoppel; whether arguments exist to dispute the hourly rates charged by the insured’s counsel of choice; whether you can appoint panel counsel to take over the defense; whether the insurer can reserve its rights to recover defense costs if a court determines a claim is uncovered; and exposure to extra-contractual damages and bad faith liability.

In the last several years there has been unprecedented activity at the National Labor Relations Board, including a new mandatory poster informing employees of their rights under the NLRA, and new regulations establishing a streamlined, “quickie” election process.  In addition, the NLRB General Counsel has opined on the use of social media, social media policies and their impact on employees’ rights under the NLRA.  At the same time, The US Department of Labor has proposed a new rule which would expand the definition of “persuader” to include for the first time many labor attorneys and advocates.  Although the validity of the NLRA poster is now being debated in the courts, the quickened election regulation has already gone into effect and the persuader rule may soon be finalized.  As these rules impact nearly every private employer in the nation, in-house counsel and private practitioners alike should be well aware of these developments and plan ahead.  This one-hour tele-seminar with both in-house counsel and outside experts gives targeted and practical information about what to expect and how to prepare clients for the next wave of developments.  There will be additional time at the end of the tele-seminar for Q&A. 

 In this ALFA International tele-seminar, the panel of ALFA lawyers summarized the litigation process in their respective jurisdictions. Each step in the litigation process was identified, from any pre-filing procedures through to the enforcement of a judgment, and the panel took turns comparing and contrasting that step in the litigation process in their jurisdictions. The panel proceeded to answer questions submitted by the audience.

ALFA International held a Young Lawyers tele-seminar on February 14th. The topics discussed included

·               What do law firms value most in an associate?  Why does one associate get promoted over another?  How can associates build their role with existing clients?

·               Tips/Tricks for being a good associate and getting noticed:  Face time, marketing yourself in-house, finding the right mentor/advocate in your firm, professionalism/building the right image in your firm, client service (be the associate returning the clients calls), get time sheets in on time, etc.

·               Professional development inside and outside of my firm, including community involvement

·               Learning about the “business” of partnership.  What questions can associates ask?  How to deal with the cultural differences in each firm.  The different types of partners (junior vs. senior; non-equity vs. equity).

·               Dealing with generational gaps especially in regards to technology.  What is the right mix?

·               In-house mentor programs: Do they help?  Keys to successful mentor programs?

·               Finding a mentor outside of your firm

·               Confronting an uncertain and changing legal marketplace

·               Creating an environment of career growth where young lawyers want to stay

·               Utilizing the in-house marketing/business development staff.  Business development opportunities in the community.

·               Better to diversify your practice areas or try to find one thing and make it your niche within the firm?

ALFA International presented  the tele-seminar "An Overview of Corporate Governance in Europe".  --- Issues relating to corporate governance are becoming more important as corporate structures become more complex and shareholders continue to assert their rights. Moreover, a wide array of guidelines promulgated by OECD, the EU Commission, and various national regulatory agencies have imposed more corporate governance obligations upon officers and directors. In this tele-seminar, our panel of ALFA International lawyers examined the OECD guidelines, the EU Green Paper, and the regulatory regimes of Germany, Poland, and the United Kingdom.

ALFA International presented the Workers' Compensation Tele-seminar "Practical Application of Medicare: New Trends and Tricks of the Trade" The distinguished panelists discussed the recent trends with Medicare, pre- and post-settlement considerations, and the most common myths and mistakes related to Medicare issues in workers’ compensation cases.

ALFA International presented  the tele-seminar "Current Issues in EU Competition Law".  The cost of violating these laws can be crippling with ever-larger fines being levied. Regulators are becoming more and more aggressive. Among the most important of the competition laws are the recent EU Commission Horizontal Guidelines, published earlier this year. A thorough understanding of the Horizontal Guidelines is crucial for in-house counsel and other lawyers practicing in this area. This seminar focused on key aspects of the Guidelines.

Earlier this year, the landmark Zubulake e-discovery decision was revisited by its author, Judge Scheindlin of the United States District Court, Southern District of New York.  In her new decision, Pension Committee, litigants were reminded that  it should be “abundantly clear” that the duty to preserve “means what it says” and that a failure to preserve  and to search “in the right places will inevitably result in the spoliation of evidence.”  This ALFA Tele-Seminar will examine the pitfalls and opportunities in  these and other influential decisions and discuss nuances and differences outside of the Southern District of New York and what is (or is not) “abundantly clear”  in e-discovery practice across the United States. 

ALFA International presented this tele-seminar to examine every day concerns and issues faced by underwriters, claims personnel, professionals and corporate governance officers. Attorneys are frequently asked to serve on corporate and nonprofit boards.  Less frequently, Accountants, engineers, and other professionals may also be tapped.  These professionals are sought for board positions because they bring specialized education and expertise to the board of directors.  They also bring their own professional risks to the board.  It is important for all parties to understand the risks posed to both the professional serving as a board member and to the corporation or non-profit being served.

This tele-seminar discussed the applicability of the act to secondary payers, insurers and other “Responsible Reporting Entities”; the contents of the required reports; and the potential costs and penalties of non-compliance. The panel particularly focused on the applicability of the reporting requirements to all aspects of health-care litigation, including the effect on the ability of healthcare organizations and providers to settle or resolve disputes without resort to litigation.   

Linked In, Facebook, MySpace, Martindale-Connect, Twitter, Blogging…should we even bother?  Can these social media tools be used effectively and efficiently to help connect you with your relevant marketplace or even assist in building a book of business or are they just a waste of time?  This experienced panel of ALFA based social media “early adaptors” discussed how to harness and use social media to create your own personal brand.  As potential clients and industry groups make use of social media tools this panel looked at methods to connect, as well as those that are not as effective.  The presentation discussed the basics of building a meaningful profile and using group memberships/discussion forums to your advantage and also delved into more advanced techniques such as positing articles and avoiding legal ethical implications that are inherent in the use of social media.

What if a drug/device manufacturer adequately warns a doctor of a risk, but makes no effort to warn or notify the specific injured patient of that risk?  Is the manufacturer then “off the hook”?  What if the drug/device is marketed and sold directly to the consumer and not through a doctor?  This tele-seminar addresses the current status of the Learned Intermediary Doctrine, which historically has protected the manufacturer from liability for a breach of its legal duty to warn the ultimate consumer, when a warning instead has been provided to the consumer’s prescribing physician through product literature and other means.  

This ALFA International panel discussed how the courts view this defense, in what investigation and discovery a client must engage to present this defense, and what motions, discovery requests and briefs have been successful in this regard (forms will be supplied).  Hear a client’s perspective from the Chief Claims Officer of Medmarc, one of the leading experts in products liability risks facing medical technology and life sciences companies.     

This H1N1 tele-seminar is designed to address the employment and management issues presented by the wave of contagious disease outbreaks in our workplace.   When is it safe for employees to return to the workforce?  How can you minimize the spread of a contagious disease through the workplace and minimize lost time and productivity?  What protocols, procedures and policies should you draft and initiate to be prepared for the anticipated 3rd wave of H1N1?   These issues and more were discussed in the interactive panel comprised of legal experts, a national employer and a medical expert. All employers, risk managers, human resource specialists, and claims specialists should attend this seminar.  An ounce of prevention is worth a pound of cure!

Over the last few years, corporate counsels have seen increased litigation revolving around information technology issues.  As a result of the economic downturn, more software vendors are auditing their customers to generate increased revenue.  This tele-seminar focused on strategies for preventing IT litigation issues, including those relating to outsourcing, software audits and software implementation.  Contract terms for limiting liability and suggestions for assuring, up front, proper project scope and pricing were discussed.

A case becomes high profile when there is a legitimate attempt to depose the CEO or general counsel.  This tele-seminar addressed what to do when you get the notice for a deposition of the general counsel or the CEO, how to prepare them to testify, how to limit or avoid the deposition, and how to handle some of the unique issues that such depositions present. 

The recent change in presidential administrations has produced a wave of legislation having a tremendous potential effect on employers.  The ALFA panel discussed the laws which have been passed and which are being considered as well as the practical impact on employers.  Highlights of the discussion were the Lilly-Ledbetter Fair Pay Act, Employee Free Choice Act, Amendments to the Americans with Disabilities Act (ADAAA), and Family Medical Leave Act (FMLA), the COBRA subsidy in the American Recovery and Reinvestment Act of 2009, as well as others.

Last summer, atop a wave of recalled toys and imported goods, Congress floated the Consumer Product Safety Improvement Act of 2008 (CPSIA).  In its wake, the shoreline for manufacturers in the U.S. marketplace was drastically changed.  A year later, manufacturers and retailers of all sizes are still drilling through sand in search of bedrock to plan in the face of changes to the operation of the Consumer Product Safety Commission (CPSC), alterations to manufacturer duties regarding performance, testing, advertising, and tracking of consumer products, particularly children’s products.  This tele-seminar reviews and reassesses and scans the horizon concerning the impact of the CPSIA upon product liability and compliance.  

Do you handle workers compensation claims?  Personal injury cases?  If you are a self-insurer, liability insurer, workers compensation insurer, group-health plan - - you NEED to listen to this tele-seminar!  July 1, 2009 is the compliance start date for MMSEA: Section 111 (Medicare, Medicaid SCHIP Extension Act).  The federal government wants its money back and will hold YOU accountable "or else."  Find out what's up.  Find out how to comply.  Be ready.

ALFA International presented this tele-seminar to examine the effect of the new reporting requirements under the Medicare, Medicaid, and SCHIP Extension Act of 2007 on Workers’ Compensation plans.  Businesses that fail to comply with the new mandatory reporting requirements – which pertain to general liability and no-fault insurance, as well as workers’ compensation and group health plans – could face fines of $1,000 per day per claimant.  

The collapse of the subprime mortgage industry has sent a shock wave through the financial industry and the entire world economy and has left economic carnage in its path. The deflation of assets, the freezing of capital and the fear paralyzing consumer spending have forced virtually every business and industry to adjust their plans and expectations in ways that are causing their own aftershocks in an unstable and tenuous economy. 

The unfortunate reality is that such economic events dash the reasonable expectations upon which both individuals and businesses have ordered their affairs. The crisis has spawned litigation by, against, and among all those involved in the marketplace.

What hat does the in-house counsel wear:  Lawyer?  Business person?  Or both?  No in-house attorney wants to be greeted with a court ruling requiring the production of handwritten notes from what was believed to be a confidential meeting.  Whether conversations with executives or emails to non-managerial employees are protected by the attorney-client privilege often hinges on the application of murky distinctions between business advice and legal advice.  Sometimes, the line is blurred.  This tele-seminar approached these problems by discussing scenarios illustrating the traps and pitfalls to avoid that could lead to the loss of privilege and by offering practical tips to increase the likelihood that a claim of privilege will prevail. 

Across the United States, health care organizations today must confront a varied menu of laws, rules and regulations that now include multiple legal requirements to retain documents. There are currently over ten thousand federal, state and local laws and regulations addressing the manner in which records must be stored, accessed, maintained and retained.  This new regulatory standard, coupled with the constant threat of audits and the increased use of e-discovery, places each organization at risk if a well-designed and effective document retention and destruction policy and protocol are not active and in place.  This ALFA International Health Care Practice Group tele-seminar discussed many of the critical issues concerning the development and implementation of document retention with an eye towards the legal guidelines. 

Your role today, as in-house corporate counsel leaders within American business, is very different then the role of this position ten years ago.  The demands, legal and business, pull you in many and at times conflicting directions.  Part and parcel of the day to day demands of your position and that of your department is a focus upon ongoing communication and information sharing.  How much is enough and how much might be too much and un-necessary?  Who should be receiving what information and who should be in communication with you and your office with necessary information?  Is there an information protocol and process in place that includes the legal department? What form does the information flow take and what is your company’s highlighted protocol for crisis communications?  This first time ACC Chicago Chapter tele-seminar focused on the “best-practices” and strategies of business communication for in house counsel and their legal departments.  The information presented will assist you in keeping the communications channels open in an effective and efficient manner.

Prescription drugs, and particularly high-powered narcotic pain killers, continue to haunt employers.  The costs are huge, and many employees are unable to return to work because of the disabling effect of many of these drugs.  This tele-seminar approached these problems with a view towards increasing the awareness of the use of the drugs, strategies for curtailing such drugs and alternatives for treatment.  

Bankruptcy law remains a mystery wrapped in an enigma to many lawyers, even experienced corporate counsel. As the economic climate becomes more challenging and bankruptcies (corporate and personal) continue to increase at an alarming rate, more in-house lawyers have been forced to confront bankruptcy-related issues. For many, the mystery of bankruptcy law will need to be solved.  The ALFA International Bankruptcy Law Practice Group created this bankruptcy primer program for the general practitioner and new bankruptcy lawyer. Four key “bedrock” issues were discussed and analyzed by experienced ALFA International bankruptcy lawyers. There were: (1) Do I Really have to Give the Money Back? (2) Priority Claims and Reclamation in Bankruptcy Cases (3) Dischargeability: Not Evey Claim Dies in Bankruptcy and (4) Issues and Trends in Retailer Bankruptcies.

The increasing complexity of corporate structures, regulations, and multi-party litigation often produces results which are unexpected or counterintuitive in the application of the attorney-client privilege.  The legal landscape has become even murkier as the work product doctrine continues to evolve with distinctions between fact and opinion work product.  This tele-seminar approached these problems with a view toward increasing the awareness of the inherent limitations in the once broad protection provided by the attorney-client privilege and the work product doctrine.  

This tele-seminar focuses on: Recognizing the unique roles of patents, trademarks & copyrights, protecting confidential information and trade secrets, and assessing the cost / benefit of enforcement.