A veteran commercial litigator and neutral, Andrew Flake brings more than two decades of business trial and commercial dispute resolution experience, along with tenacity and creative problem-solving, to help parties and their lawyers resolve their disputes, both domestic and cross-border and international. He has experience handling and resolving a wide range of business and commercial disputes, both domestic and international, with a focus on intellectual property and technology, contract, corporate, employment, and healthcare sectors. Mr. Flake is recognized in Best Lawyers® in the area of Commercial Litigation and is a Georgia Super Lawyer in the area of Commercial Litigation. He is an arbitrator with the American Arbitration Association (AAA) and a member of its Commercial, Employment, Healthcare, and Large Complex Case panels, as well as an international arbitrator and panel member of the International Centre for Dispute Resolution. He is certified mediator with the Georgia Office of Dispute Resolution, a member of the Early Dispute Resolution Institute, and a member of AAA’s mediation panel. Mr. Flake is a frequent writer and speaker on ADR topics, including the role of generative artificial intelligence in ADR.
Andrew’s experience includes high stakes and bet-the-company commercial disputes and litigation across a range of subject matter areas, including intellectual property, software and technology, cybersecurity, unfair competition, restrictive covenants and theft of trade secrets; employment law, false advertising, trademark and patent infringement, 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 other business torts, and accounting and business valuation. He is a German speaker and has worked in international dispute resolution — both cross-border litigation and international arbitration — throughout his career, and currently serves as an arbitrator with the International Centre for Dispute Resolution (ICDR).
Whatever the nature of the dispute, his focus in every case is on understanding the particular needs of the parties, providing a prompt, neutral and transparent process, and prompt and efficient resolution.
Education
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)
Honors & Awards
Best Lawyers in America (Commercial Litigation Law), 2018-23
Fellow, Litigation Counsel of America, The Trial Lawyer Honorary Society (by invitation only)
Super Lawyer®, Commercial Litigation
AV® Preeminent™ Peer Review Rated by Martindale-Hubbell
Fellow, American Bar Foundation
Admitted
State Bar 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
Certifications/Credentials
American Arbitration Association, Arbitrator, Commercial, Employment, Consumer and Large Complex Case Panels
Registered Mediator and Arbitrator, Georgia Office of Dispute Resolution
Trained EDR Neutral
Publications/Speaking
Panelist, Trends in the Effective Use of AI in Mediation and Arbitration Practice, Atlanta Bar Association Dispute Resolution Section (CLE Program, October 2, 2024)
Panelist, Arbitrating in the United States: Resolving Disputes Arising Out of Cross-Border Business and Investments, (Berlin Dispute Resolution Days and AtlAS Program, September 12, 2024)
Presenter, Arbitration Tech Toolbox: Mastering Digital Tools for Enhancing Your Arbitration Practice (AAA Continuing Education, June 25, 2024)
“Early Dispute Resolution and Our Business Cases,” The Atlanta Lawyer (Aug./Sept. 2023)