Hot Cocoa Conversation: A Servotronics Update
by Andrew Flake
With the advent of the holiday season come festivities and family events. Inevitably, as you're contentedly sipping spiced eggnog or hot cocoa, also comes the question from your Uncle Milton: "So what is the deal? Can I...
Post-Award Filings in Arbitration: Eleventh Circuit Considers Timing Question of First Impression
by Andrew Flake
When an arbitration award comes down, if the winning party moves first to confirm it, the challenging party needs to respond directly, rather than simply moving to vacate. In an Eleventh Circuit case of first impression,...
A Foreign Litigant’s Multi-Tool: The ever-ready 28 U.S.C. Section 1782
by Andrew Flake
As someone who likes to be prepared, and who also appreciates a good gadget, I've always felt more comfortable knowing I have, stored away in some drawer somewhere, a sturdy Swiss-army knife. More recently, i"ve replaced it...
What Would Oliver Cromwell Do? My GAR Live Discussion on Challenging the Arbitrator
by Andrew Flake
I recently had a chance to serve, with some very distinguished colleagues, on a GAR Live panel. Along with our audience at the 10th Annual AtlAS conference, we assessed and discussed some intriguing scenarios...
The Cognitive Coffee Cup: Opening Argument in the Complex Commercial Trial
by Andrew Flake
In reviewing developments in week one of the Elizabeth Holmes/Theranos trial, a prosecution expected to last for over four months, I immediately thought of the preparation necessary on both sides to deliver their opening statements. Trials like...
Mediation and the Psychology of Money, Part II
by Andrew Flake
In a prior post, I reviewed a compact and very readable book from Wall Street Journal columnist Morgan Housel, whose thesis, supported by colorful...
Appellate Advocacy in the Zoom Era
by Andrew Flake
What has changed, in this time of virtual cat-filters and huge daily dollops of professional screen time, about good appellate advocacy? Instead of standing behind a podium, in a quiet and majestic appellate courtroom, ...
Assessing and Correcting for Implicit Bias
by Andrew Flake
Especially in recent months, ADR practitioners, as professional problem-solvers who constantly evaluate and decide business and legal questions, have been examining a phenomenon that impacts all of us: implicit bias. We have been thinking about it,...
“And If You Didn’t Hear Us the Last Time”: More Emphasis on Arbitral Award Finality
by Andrew Flake
A just-issued Georgia Court of Appeals opinion underscores a message the state's appellate courts have been sending for some time: Arbitration awards are not subject to automatic appeal. They are supposed to be, and are presumed...
Location, Location, Location: Forum-Selection in International Litigation
by Andrew Flake
I once spent a week arbitrating a technology dispute in Helsinki, Finland, walking through the city center to our hearing each day in gusting snow. We were there because the parties' contract specified a Finnish seat,...