Delivering a Compelling Closing in the Complex Business Dispute
by Andrew Flake
In complex litigation, we are continually distilling the simple from the complex, assessing multiple and often nuanced legal arguments, assessing hundreds of exhibits, sifting through the details of company work. With...
Supreme Court Grants Cert in Servotronics Dispute; Likely to Resolve Circuit Split On Key International Arbitration Question
by Andrew Flake
On March 22, the Supreme Court granted cert in the ongoing Servotronics litigation, presenting the likely opportunity for the justices to decide an ongoing and important important question for parties to international commercial arbitrations: whether or not...
Sweeping for Mines: The Injunctive Relief Carve-out in Arbitration
by Andrew Flake
The "injunctive relief" carve-out, which lies quietly in various forms in many arbitration agreements, is a too-often overlooked landmine. Its most frequent purpose, allowing parties to go to court for emergency relief while preserving their right to...
“Absolutely Incensed”: A Foreign Law Twist on Equitable Estoppel in Arbitration
by Andrew Flake
A Ninth Circuit battle between two Indian incense makers over whether their case should be arbitrated has still not burned out. After one correction and remand from the U.S. Supreme Court, the Ninth Circuit considered...
What We Can Learn from the First All-Virtual Patent Jury Trial
by Andrew Flake
After a week-long patent infringement trial in federal district court in Seattle, a civil jury hit gaming company Valve Corporation with a $4 million verdict for patent infringement....
11th Circuit Weights in on “Administrative Feasibility” as a Class Certification Requirement
A frequently-debated question in the class action realm is the role in certification analysis of "administrative feasibility." Must a plaintiff show, before a class is certified, that a manageable way to contact absent class members exists?
In the Third Circuit, for example, the proposed class representative must establish feasibility...
Federal Court Hearings and Chill? Applause for More Live Streaming
The federal courts' policymaking body, the Judicial Conference of the United States, has just kicked off a pilot program in selected district courts to livestream the audio of certain court proceedings. Despite the concern expressed by some that a...
ROSS-Westlaw Copyright Feud: Approaches to Litigation Cost Management
What options does a smaller defendant have when a larger and better-funded competitor uses litigation as a means to exert financial pressure and drain resources? This scenario is one that legal AI company ROSS Intelligence, as a result of copyright litigation filed by...
How COVID-Era Technology is Driving Down the Litigation Cost Curve
In order to move cases forward during the pandemic, we have accelerated technology deployment in litigation, setting up major new efficiencies for litigants. These technologies were there in some form prior to today. But widespread acceptance was missing: in...
The Power of Theme: Epic Games Takes Aim at Apple
The lawsuit by Epic Games against Apple, challenging Apple’s strict controls on developers and the App Store’s percentage take from game revenue, shows the power of theme and coordinated message. When I read the first news accounts of the filing, they all referenced Apple’s market...