11th Circuit Uses Trademark Case to Instruct on Summary Judgment Practice
by Andrew Flake
In a trademark case decided just this month, FCOA, LLC v. Foremost Title & Escrow Services LLC, the Eleventh Circuit considered when a case should be decided without a trial, looking at the special case in which...
Chat GPT and Litigation Technology, Reprised
by Andrew Flake
When I considered ChatGPT in last week's post, musing about how disruptive this next generation of AI might be for the world of litigation and dispute resolution, I may have understated the...
Utilizing the Special Master
by Andrew Flake
We've read recently, in the highly-charged political context of a dispute between the national records administration and the former president, of the role a special master has played. Because how the court-appointed experts fit into litigation is...
“Flora-Bama,” “Floribama,” and a Comparative Look at ADR
by Andrew Flake
You read certain appellate opinions and just know they were fun to write, and so it is with a trademark dispute, simmering over the past five years, involving a famous bar and an MTV reality television series...
Early Dispute Resolution (EDR): A Recipe for Success in Commercial Mediation
by Andrew Flake
When it comes to our favorite dishes, while we may not ourselves be chefs, most of us can at least name the key ingredients. A great sirloin is cut just so, perhaps seasoned with salt and pepper...
An Idea Whose Time Has Come? Considering the Role of Settlement Counsel
by Andrew Flake
Invited to an extended family reunion, I visited one of our state parks a few weekends ago. It was a cool and beautiful morning, and for a moment, standing under a bright blue fall sky, taking in the...
Under New York Convention, Separate Service of Summons not Required to Confirm Award
by Andrew Flake
Certain cases can be useful because of their technical guidance; they address nuts-and-bolts issues. In the international arbitration realm, one of those issues is the process of taking an arbitration award and getting it confirmed, or converted...
On Appeal of FINRA Arbitration Award, Investors Out of Money and Out of Luck
by Andrew Flake
Especially on appeal, courts are selective about which facts to include in opinions. For reasons both of style and precedential value, they may omit facts, even ones the lawyers might consider crucial.
Poker, Peru, and Promptness in International Arbitration Challenges
by Andrew Flake
In discussing our litigated disputes, we will often borrow phrasing from the world of poker. And it is true that the game, with its mix of tactics in play and chance in the draw, invites some comparison:...
Control over Time in Business Mediation
by Andrew Flake
When we think about "successful" mediations, it is often about a financial bottom-line: what was demanded; what was paid; what potential jury verdict was avoided. The dollar-recovery can certainly be measured, and the trial exposure, especially...