Mediator Resume

The Flake Law Firm, LLC - Managing Member

Arbitrator, Attorney, Mediator

Member, The Flake Law Firm, LLC, 2021 - Present; Partner, Arnall Golden Gregory LLP, 1999 - 2021.

Over 25 years of experience in complex commercial, business, technology, intellectual property, and employment matters, representing both plaintiffs and defendants in a wide range of disputes both domestically and internationally, across industries including software, manufacturing, real estate, healthcare, life sciences, pharmaceuticals, network and cloud computing, and technology. Corporate/Securities: Investor, member, shareholder rights; entity formation; corporate governance; business divorce and dissolution/wind-down; corporate opportunities; fiduciary duties; business valuation; family-run and owned businesses; stock option/grants and shareholder disputes; UCC; manufacturing; receiverships and insolvency; breach of commercial contract; domestic and foreign corporate affiliate relationships. Technology: Software development; blockchain and cryptocurrency; healthcare IT; software and internet; licensing agreements; technology join ventures; telecommunications and fiber optics; technology hardware manufacture and supply chain; SOW scope and implementation disputes; robotics and industrial automation; corporate startups; invention and inventorship disputes; generative artificial intelligence and AI-enabled platform technologies; payments and fintech. Intellectual Property: Licensing disputes; patent infringement and damages; royalty and IP valuation; Lanham Act (false advertising and trademark infringement); development and inventorship; Georgia unfair competition; rights of publicity; trademark and copyright infringement; trade secrets and confidential information. Employment: Breach of employment agreements; negligent hiring and retention; commission, bonuses and compensation; change of control agreements; stock options, grants and executive compensation; termination and reduction in force; performance management; employee handbook and policies; harassment and discrimination; breach of fiduciary duty; non-compete and non-solicits; restrictive covenants; corporate opportunities; interference with business relations; business valuation; trade secrets and trade secret misappropriation; confidentiality; global mobility. Real Estate: Joint ventures; purchase and sale contracts; commercial, residential, office, industrial, multi-family, hospitality, and shopping center/retail; title disputes / quiet title; land-use; commercial landlord-tenant; development disputes. Healthcare: Physician-practice contracting; long-term hospital contracting; medical device warranty and compliance; computer software contracting and licensing; practice management and EMR; health IT; facility-vendor contract; medical staff credentialing; life sciences, including pharma and biotech; research and development; generic and branded drug disputes; FDA clearance and approvals; provider and facility malpractice claims; HIPAA data security and privacy; insurance claims processing; physician agreements; restrictive covenants including non-solicit and non-compete; reimbursement and billing disputes; medical practice ownership/governance; cybersecurity. Government/Regulatory: Agency procurement and bidding disputes Business Torts/Competition: Lanham Act and false advertising; RICO; copyright, defamation; rights of publicity; online disparagement; trade secrets and confidential information. International: Range of cross-border transactions and disputes; letters rogatory and requests for discovery in aid of foreign proceedings; international arbitration; assisting parties in multiple jurisdictions in South and North America, Asia, and Europe; active internationally and sensitive to cultural and jurisdictional nuance and difference. Fluent in German, led German litigation practice and active in CLE and publication concerning cross-border and international business disputes. Familiar with comparative legal issues including civil law and EU governance.

As a mediator, brings decades of commercial dispute resolution experience, along with tenacity and creative problem-solving, to help parties and their lawyers resolve their disputes. In mediations as both advocate and neutral, experience spans a wide-range of complex disputes, including: commercial and contracts; UCC; intellectual property, including patents and trade secrets; partnership and shareholder disputes; technology and software; cryptocurrency / blockchain; banking and financial services; employment; real estate; life sciences; healthcare.

Breach of contract; business torts, including breach of fiduciary duty; unfair business practices and credit reporting; real estate; quiet title and interpleader; manufacturing; IP; investor and financial; business divorce.

From the beginning of a case, I work proactively and diligently to understand its particular needs. To this end, I believe early discussion with each counsel is critical, as is exploring the possibility of dialogue and information exchange even before the plenary/in-person mediation. Having served myself as an advocate in scores of mediated matters over two decades, I know what makes for a successful resolution, how to draw out and help the parties meet the objectives and interests necessary to resolution, and what the barriers are that need to be overcome. I am able to help counsel with evaluation where necessary, generating creative solutions, managing expectations, and keeping focus on the value of a signed settlement, which I will work for as long, late, and persistently as needed.

Innovative and proficient user of technology in ADR, including fully virtual exhibit and case management technology; member of AAA arbitrator working group studying generative artificial intelligence; conversant in all major technology platforms, including Zoom, Teams, LoopUp, GoToMeeting; manages complex ESI and related protective order and production issues in technology arbitrations.

Duke University (LL.M., International and Comparative Law - 1999); Duke University School of Law (JD - 1999); Vanderbilt University (BA, German - 1996).

Admitted to the Bar: Georgia (1999).

Member, National Academy of Distinguished Neutrals (NADN); Fellow, Chartered Institute of Arbitrator (FCIArb); Member, North American Branch of CIArb; Arbitration and Mediation Committees, International Bar Association; Atlanta International Arbitration Society (Secretary and Executive Committee Member); Dispute Resolution Section, American Bar Association; Section of International Law, American Bar Association; Dispute Resolution Section, State Bar of Georgia; Lawyers Club of Atlanta (Past President and Executive Committee Member).

Publications: The Effective and Ethical Use of AI in Mediation Practice, Annual ADR Seminar, Houston Bar Association (May 9, 2025); Generative AI and Mediation: An Overview with Ethical Considerations (2024, Atlanta Bar Dispute Resolution Section CLE); Early Dispute Resolution and Our Business Cases, The Atlanta Lawyer (Aug./Sept. 2023); Contributing author, Handbook on Third-Party Funding in International Arbitration (Juris 2017); Faculty member, Cutting Edge Issues in International Arbitration, 10th Annual Arbitration Institute, Atlanta, Georgia (2016). Speaking Engagements: Moderator: Ethics in the Age of AI: Independence, Disclosure, and New Frontiers (Chartered Institute of Arbitrators North American Branch, 2026 Retreat, May 29, 2026); Panelist: AI in Litigation and ADR (Georgia Dispute Resolution Section CLE, May 7, 2026); Moderator: Early Dispute Resolution (EDR): Judges and Mediators on the Techniques of Early Settlement (Atlanta Bar Dispute Resolution Section CLE, Mar. 31, 2026); Panelist, Code, Contracts, & Clarity: What Arbitrators Want in Tech Cases (American Arbitration Association, Sept. 22, 2025); Moderator/Panelist, AI Tools: Policies and Procedures (AAA, July 9, 2025); Trends in the Effective Use of Generative AI in Mediation and Arbitration Practice, Atlanta Bar Dispute Resolution Section (October 2, 2024); Arbitrating in the United States: Resolving Disputes Arising out of Cross-Border Business and Investments (Sept. 12, 2024, Berlin Dispute Resolution Days Panel); Arbitration Tech Toolbox: Mastering Digital Tools for Enhancing Your Arbitration Practice - Vincent AI (June 25, 2024); speaks and presents on alternative dispute resolution topics clauses across a range of areas, on issues of international and cross-border litigation and dispute resolution, on how companies can protect competitive advantage, and on the intersection of law and technology.

Hourly Rate: $500.00 Daily Rate: Not provided Study Rate: $500.00/hr Cancellation: Not provided Cancellation Period: Not provided Comment: Compensation rates, established by the AAA, are set forth in the applicable Consumer Mediation Procedures.

English; German

United States of America

Atlanta, Georgia