Healthcare and Arbitration: Facility Admission Agreements and the Regulation of ADR
by Andrew Flake
A case that has made its way up and down the Georgia appellate circuit, CL SNF, LLC et al. v. Fountain, has landed on remand, with a reminder about arbitration clause enforceability: In heavily regulated areas, with...
Arbitration Clauses: Reconsidering the “Equitable” Relief Carveout
by Andrew Flake
When lawyers represent business clients in arbitration, they are often relying upon a contract, and an arbitration clause, they didn't draft themselves. That may be because they are assisting a first-time client. It may be because...
Supreme Court Roundup: A Slight Course Correction for the S.S. FAA?
by Andrew Flake
In sailing, to "tack" is to turn by making a series of small port-to-starboard moves, back and forth, into the wind. In looking at two very recent Supreme Court options dealing with arbitration, both issued within the past...
Mining for Bitcoin or Mining for Iron? Blockchain Applications in Arbitration
by Andrew Flake
It's been a rocky few weeks for Bitcoin and other cryptocurrencies, and a nervous time for their holders. But investing aside, the blockchain, which underpins Bitcoin, is a real and transformative technology, one with implications all...
The Emergence of Required Third-Party Funding Disclosure
by Andrew Flake
In a standing order entered this week, the Chief Judge of Delaware's federal District Court has required all parties in cases before him to disclose at least the existence of any third-party funding (3PF), along...
Making the Most of Our Online Mediations
by Andrew Flake
After a nearly ten-hour day on Zoom, even after concluding a great settlement, we're sometimes less than celebratory. The process can be intense, consuming a lot of focus and energy. It leaves us pretty exhausted....
Second Circuit: No Inherent Limit on Using Section 1782 Discovery Elsewhere
by Andrew Flake
We try to take advantage of great opportunities when they come along; if work takes us to Rome, and we have extra time, we might head to the Colosseum, take a stroll in...
How the (Chocolate) Gets Made: The Georgia Supreme Court’s “Edible Arrangements” Opinion
by Andrew Flake
As often as we hear about mediation and its benefits, and they are many, are there disputes that need to be decided in court, whether by judge or jury? Absolutely.
At a...
Groundhog Day Edition: Considering the Mediation Privilege
by Andrew Flake
When that oddest of special occasions rolled around this year, our U.S. Groundhog Day, I decided to incorporate the festivities into a post. What are some of the recurring issues are in mediation, things that...
Arbitration Update: Another Effort to Exorcise “Manifest Disregard”
by Andrew Flake
One of the classic conventions of the scary movie is a villain or monster's "last gasp," a frightening reappearance after what should have been an antagonist's definitive end. In the arbitration context, we have such...