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...
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...
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...
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...