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Despite the increasing population of lawyers, the CLT: Another area of expertise you have is in con-
number of attorneys of color has hardly increased. tractual disputes. Please elaborate on how lawyers
African American lawyers decreased by 0.1% and today are dealing with contractual disputes as op-
Hispanic lawyers have only increased by 0.9% in that posed to, say, 10 years ago. Are they more difficult
same decade. These statistics show but a glimpse of and more complex today?
the reality that much more must be done to create a Alicea: Since I became a lawyer during the pan-
more diverse profession. demic, it is difficult to say how the practice has
I was encouraged that my firm established a Social changed over the last decade.
Justice Project in 2020 to work towards dismantling But from my many conversations with Joe Cherico,
structural racism and to combat the impact of racial managing partner of McCarter’s Stamford office, I
injustice in our communities. I have participated understand that over the course of the last decade con-
in several of the firm’s webinars where the firm ac- tractual disputes have not changed, they are not any
tively engages in the tough conversations around more difficult or complex than they were 10 years ago.
diversity, equity and inclusion and what it means to However, the way they are litigated has changed.
be a person of color in the legal profession, along Clients have become more cost-conscious and are
with external webinars on prison reform and voting looking to resolve issues well before they are litigat-
rights. ed. Therefore, it has been incumbent on lawyers to
CLT: Distressed debt and property, commercial be more creative, focusing on the client’s litigation
litigation regarding financial services and creditors and business goals, to craft the best solutions.
rights are a few of your specialties. How has the In my cases, I have also learned that litigating
global health pandemic affected these areas of law? contractual disputes have changed in that the evi-
Alicea: The global health crisis has resulted in dence used and produced are more likely found in
more disputes but has also slowed down the process computers, instant messages, encrypted files and
of litigation. metadata. As such, as a young attorney, it is criti-
At McCarter, we are experiencing an uptick in cally important to be tech savvy, a quick study and
cases, but have noticed that the courts are navigat- fearless in taking on complex issues.
ing at different levels and speeds. CLT: Are there any big areas of opportunity for
In response, we have continued crafting creative your practice areas in 2021?
solutions that settled disputes outside of courts and Alicea: There will be much opportunity in 2021,
have resolved matters through mediation, avoiding due to the increase in defaults.
the backlog and helping clients get back to business While litigation was delayed due the slowdown in
sooner. New York and Connecticut, there is much for us to
CLT: What’s the biggest litigation trend you are do in preparation for trials, now that the courts are
seeing today? starting to reopen.
Alicea: The biggest trend I see in my area of litiga- We have been counseling clients, and expect to
tion is a wave of new foreclosures. be engaged in litigation related to force majeure
Last September, Deloitte projected a peak in 30- clauses, and the impossibility or impracticability of
day delinquency rates on consumer mortgages, even performance under a contract.
above the 2009 financial crisis rates, which turned I am ready to help them overcome these business
out to be accurate. challenges so that they can return to normal busi-
As of March 2021, 90-plus day delinquencies are ness operations. ■
nearly five times the level they were before the pan-
demic. With these skyrocketing numbers, we also Robert Storace covers legal trends, lawsuits and
expect more laws to be passed in Connecticut re- analysis for the Connecticut Law Tribune. Follow
garding the ability to foreclose, as adequate relief for him on Twitter @RobertSCTLaw or reach him at
both parties needs to be carefully considered. 203-437-5950.

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