ALFA International Publications

February 29, 2024
Federal Trade Commission Proposed Non-Compete Ban On January 5, 2023, the Federal Trade Commission proposed a rule that would largely ban non-compete agreements nationally between employers and employees.  If enacted, it would be an “unfair method of competition” for an employer “to enter into or attempt to enter into,” “maintain” or “represent to a worker that the worker is subject to a non-compe…
February 29, 2024
Working together to resolve complex litigation matters under a reservation of rights can make the insured and the insurance company feel more like adversaries than teammates.  Covered versus non-covered claims, additional insured issues and first and third-party claims all influence the game plan.  Add the risk of excess exposure to pitch and you have potential conflicts that don’t even involve yo…
February 29, 2024
It has long been a truism that every business, every litigator, and every client wishes to “win,” whether in the marketplace, in investments, in negotiations, in pre-trial litigation, or at trial.  While the free market in theory encourages that attitude, culture, society, and governmental bodies have erected guard rails for the purpose of reining in those whose drive to succeed is not tempered by…
February 29, 2024
Introduction A crisis in the workplace can happen at any time and always seems to arise when we are least expecting it. The risk of potential crisis is unavoidable. However, recent crisis-level events globally have shown that certain types of catastrophic risks in the in the workplace often are accompanied by the collateral consequences of severe financial or reputational damage to a company, or l…
February 29, 2024
The recent explosion of attention on artificial intelligence resulting from platforms such as ChatGPT, Bard, DALL-E, and Midjourney’s use of large language models, has created tremendous excitement (and some fear) about possibilities for companies. We have all seen the stories about attorneys who filed a brief or supporting memo of law containing AI generated misrepresentations of law or wholly fi…
February 29, 2024
International and Corporate Philanthropy *This portion of the materials on International and Corporate Philanthropy was originally published in The Florida Bar Journal, Volume 94, No. 3 May/June 2020.  A modified version is reprinted below with the permission of the Florida Bar. Introduction Cross-border charitable giving has generally become known as "international philanthropy" and when involvin…
February 29, 2024
Microaggressions Defined Microaggression occurs when someone says or does something that feels offensive or hostile to some aspect of our identity without even realizing it. A microaggression can take the form of an insensitive statement, question, or assumption and can target many aspects of who we are, such as our race, gender, sexuality, parental status, socioeconomic background, mental health,…
February 29, 2024
The Case Study of Company ABC’s Ransomware Event Background on Company ABC Company ABC is an oil and gas company with operations in several states within the United States. Company ABC has approximately two hundred employees.  Company ABC owns and operates numerous oil and gas interests and has several affiliated businesses.  Company ABC employs the following security controls: …
February 29, 2024
Welcome to Smokey Joe’s, Where Everyone Sings the Blues[1] You damn right, I've got the bluesFrom my head down to my shoesYou damn right, I've got the bluesFrom my head down to my shoesI can't win, 'cause I don't have a thing to lose~Buddy Guy In the only decent watering hole in Cate’s Olympic Village 2024, there is a place to go when you are experiencing the Agony of Defeat.  Welcome to Smo…
September 27, 2023
Summary Workers with pre-existing medical conditions are more likely to sustain work-related injuries. It is often difficult to disentangle the effects of these pre-existing conditions from the medical costs associated with a workplace incident. The “attributable costs” of pre-existing conditions must be separated from the attributable costs of the work-related injury to accurately determine the t…