“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...
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...
The Availability of an “Exceeding Powers” Challenge to the International Arbitration Award: 11th Circuit to Revisit Longstanding Precedent
by Andrew Flake
One of the questions that continues to come up in international arbitrations, where they touch U.S. courts, is how Sections 1 and 2 of the Federal Arbitration Act work together. Generally, Section 1 applies to domestic arbitrations -- ones between...
“Never Put Off Until Tomorrow…” The Importance of the Signed Mediation Agreement
by Andrew Flake
I spent a full day recently in virtual mediation. The case was a challenging IP dispute, one with a contentious and emotional history behind it, and even when schedules demanded concluding the full session, counsel and I...
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...
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....
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...