About Our Founder
Andrew Flake is a seasoned business litigator, trial lawyer, and legal strategist who, for more than twenty years, has successfully handled complex business disputes in both domestic and cross-border forums. Recognized in Best Lawyers in America® in the area of commercial litigation, he counsels clients with a national and international presence across a range of industries, including deep expertise in technology, software and app development, healthcare and life sciences, and manufacturing.
In addition to the litigation and trial of complex business disputes, Andrew is also a registered neutral, certified in both arbitration and mediation, with expertise in both traditional and online dispute resolution. He serves as an arbitrator on the American Arbitration Association’s Commercial and Large and Complex Case Panels.
He has extensive experience in high stakes and bet-the-company commercial litigation across a range of subject matter areas, including intellectual property, unfair competition, restrictive covenants and theft of trade secrets; employment law, false advertising, trademark and patent infringement as well as defamation and rights of publicity, breach of fiduciary duty, shareholder rights and corporate governance; business divorces; trusts and estates and fiduciary litigation; RICO; breach of commercial contracts, lending and creditors’ rights, product liability, interference with business relations, and business valuation.
Whatever the nature of the dispute, his focus in every case is on his client’s business objectives and the efficient protection of their technology, intellectual property, and other business assets.
- Lead counsel for global manufacturer in trademark infringement litigation, successfully securing emergency TRO and seizure order against infringing imported goods and securing resolution of multi-party trademark infringement and false advertising claims in federal court disputes
- Lead counsel for global technology company in obtaining award in international arbitration under UNCITRAL (UN Commission on International Trade Law) rules for international arbitration. Following multi-day hearings in Helsinki, Finland, the arbitral tribunal granted Andrew’s client all of the substantive relief it requested, ordering the opponent to pay amounts owed Andrew’s client under contract, full interests on those amounts, and substantially all of the costs of the arbitration and Andrew’s legal fees. In its lengthy award, the Tribunal relied upon testimony adduced through Mr. Flake’s pointed cross-examination of witnesses for the opposing party, a large multinational supplier of telecom equipment and services, as well as his post-hearing briefing.
- International arbitration counsel for Chinese-owned business entities in complex international ownership, intellectual property and unfair competition dispute. Prepared for hearing under expedited scheduling procedure, and conducted week-long arbitration hearing under JAMS Arbitration Rules and Procedures, including preparation of direct and cross-examination of Chinese-language witnesses and principals.
- Represented pharmacy health information provider in successfully defeating emergency TRO proceedings brought by competitor in federal court for alleged trade secret misappropriation, which result was followed by prompt dismissal of all claims in suit.
- Successfully defended and resolved series of complex healthcare billing claims for healthcare provider client, including coordinating multi-jurisdiction litigation and state-level RAC audits related to the underlying billing dispute.
- Successfully prosecuted defamation and tortious interference claims on behalf of software developer client in suit based on campaign of online business disparagement, using innovative argument under Digital Millennium Copyright Act to advance claims and ultimately obtain order directing removal of offending content.
- Counsel for regional telecommunications company in successfully litigating and resolving complex telecommunications billing practices dispute.
- Appellate counsel in Eleventh Circuit Court of Appeals, conducting oral argument and obtaining affirmance of likelihood of success findings in trademark and false advertising dispute.
- Lead counsel for global manufacturing company in multi-day arbitration over software and robotics implementation dispute. Following final evidentiary hearing and briefing, Andrew’s client received award dismissing all claims against it and awarding costs and attorney’s fees.
- Lead appellate counsel in successful Eleventh Circuit argument of new and high-profile issue under international discovery statute (28 U.S. C. § 1782). Taking up an undecided question of international litigation with wide-ranging implications for foreign litigants with global and cross-border disputes, Mr. Flake led the analysis, briefing, and oral argument before the Eleventh Circuit Court of Appeals. In the trial court, he and his team successfully fought to obtain for use in the Austrian courts a massive production of financial documents from a Georgia-based affiliate of an Austrian company. When Andrew’s client wanted to use those same documents in U.S. litigation, the U.S. subsidiaries argued such use was prohibited, a position Andrew confirmed through its win on appeal.
- Counsel for Fortune 100 company in successfully enjoining solicitation of key employees by competitor and in resolution of related litigation with competitor.
- Counsel for multinational manufacturer in litigating and successfully resolving complex theft of technology and trade secrets litigation.
- Counsel for national telecommunications carrier in conducting bench trial of, and successfully resolving, multi-million dollar billing and multi-state regulatory dispute.
- Lead counsel for claimant in successful arbitration of fiduciary claims against joint venturer.
- Lead defense counsel for European-based global manufacturer in defense and successful resolution of breach of contract, warranty, and product liability claims.
- Lead plaintiff’s counsel for manufacturer in jury trial of contract dispute, successfully resolved after close of plaintiff’s case.
- Lead plaintiff’s counsel in action by multi-state insurer to enjoin unfair competition by former employee and to enforce restrictive covenants.
- Lead plaintiff’s counsel in competition dispute, successfully obtaining preliminary injunction against enforcement of non-compete and non-solicit covenants.
- Lead plaintiff’s counsel in entertainment and artist management dispute, prevailing on motion to dismiss and summary judgment and resulting in successful pre-trial resolution.
- Lead plaintiff’s counsel in successfully resolved entertainment industry dispute involving defamatory social media, obtaining preliminary injunction to stop ongoing disparagement.
- Lead trial counsel for research laboratory and clinical practice, successfully conducting multi-week jury trial of complex trade secrets and breach of contract action.
- Lead trial counsel in multiparty defense of complex direct and derivative claims arising from strategic cooperation and investment arrangements. Successfully resolved claims through summary judgment and led defense of remaining claims in jury trial.
- Trial counsel for healthcare billing and software company in multi-million dollar unfair competition and trade secrets jury trial.
- Trial counsel for national bank in successfully defending jury trial of real estate commission claim.
- Trial counsel for national utility in successfully defending jury trial of multi-million dollar contract dispute.
- Best Lawyers in America (Commercial Litigation Law), 2018-21
- Fellow, Litigation Counsel of America, The Trial Lawyer Honorary Society (by invitation only)
- AV® Preeminent™ Peer Review Rated by Martindale-Hubbell
- Fellow, American Bar Foundation
- American Arbitration Association, Commercial Panel member
- Registered Mediator and Arbitrator, Georgia Office of Dispute Resolution
- Lawyers Club of Atlanta, Member (President, 2016-2017)
- Dispute Resolution Section, State Bar of Georgia
- International Bar Association, Mediation Committee (Officer-at-Large) and Arbitration Committee
- American Bar Association—Section of Litigation and Section of International Law
- International Law Section, State Bar of Georgia
- Atlanta Bar Association—Litigation Section
- Atlanta International Arbitration Society
- Atlanta Volunteer Lawyers Association
- Anti-Defamation League, Member and Glass Leadership Institute, Class of 2010–11
- ADL Southeast Regional Civil Rights Committee
- Oak Grove United Methodist Church, Member
- Duke University School of Law, Juris Doctor
- Moot Court Board Member
- Duke Bar Association, President, 1998–1999
- Duke University School of Law, Master of Laws (International and Comparative Law)
- Vanderbilt University, Bachelor of Arts, summa cum laude
- Phi Beta Kappa
- State of Georgia – 1999
- Georgia Court of Appeals
- Supreme Court of Georgia
- United States District Court for the Northern District of Georgia
- United States District Court for the Middle District of Georgia
- United States District Court for the Southern District of Georgia
- United States Court of Appeals for the Eleventh Circuit