Jurisdictional Anchors Aweigh: Supreme Court to Resolve Circuit Split on Post-Badgerow Jurisdictional Question
by Andrew Flake
Just last Friday, the Supreme Court took up review of an arbitration question with enormous implications for where, in state courts or federal district courts, certain applications to confirm arbitration awards will need to be filed.
First, the background. Before a...
Georgia Court of Appeals Considers “Conduct-Based Waiver” of the Right to Arbitrate
by Andrew Flake
Clash of the forums: Two parties to a contract, an arbitration clause, and a dispute over the breadth of the clause. When the plaintiff files its complaint in court, intending to move forward with litigation, the defendant counters with a motion to compel arbitration.
A Utility Player at Trial: The Humble Inference
by Andrew Flake
This week, we hold up for praise...the inference. Unassuming and hardworking, inferences reward more careful attention than we give them. The careful reader will recall, for example, that last week's Eleventh Circuit case turned on an inference --...
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...
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...
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...
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....
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...
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...