Andrew B. Flake

Partner

Fax: 404.873.7027

Biography

Andrew is a partner in the Litigation group and chair of the Health Information Technology industry team. Andrew’s practice is focused on protecting his clients’ business assets, including technology and intellectual property. Not only a skilled litigator handling complex business disputes in both domestic and cross-border forums, he is also a certified arbitrator and a registered neutral in alternative dispute resolution. Andrew is a German speaker with an L.L.M. in international and comparative law, who counsels clients with an international presence across a range of industries including healthcare, technology, manufacturing, software and app development, and life sciences.

Andrew has extensive experience in high stakes and bet-the-company litigation involving unfair competition, false advertising, trademark and patent infringement as well as defamation and rights of publicity, breach of fiduciary duty, shareholder rights and corporate governance. His experience also spans matters related to the breach of commercial contracts, interference with business relations, business valuation and theft of trade secrets. Andrew is part of a national trial practice, appearing as pro hac vice trial counsel in state and federal courts of other jurisdictions around the country, and as a member of the firm’s international business team also handles a range of cross-border disputes.

Experience

  • Lead counsel for Austrian client in successful application in federal district court under international discovery statute (28 U.S. C. § 1782) to obtain critical financial documents from U.S. affiliates of complex worldwide group of Austrian manufacturing company affiliates. The documents were for use in a series of court proceedings in the Republic of Austria, including disputes related to share ownership. AGG’s business litigation lawyers worked with its cross-border and German language teams to develop the winning approach, in which the court granted AGG’s application as well as a subsequent heavily contested motion to compel.

  • Lead counsel for global manufacturing company in multi-day arbitration over software and robotics implementation dispute. Following final evidentiary hearing and briefing, AGG’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 AGG’s client wanted to use those same documents in U.S. litigation, the U.S. subsidiaries argued such use was prohibited, a position AGG confirmed through its win on appeal.

  • 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 AGG’s client all of the substantive relief it requested, ordering the opponent to pay amounts owed AGG’s client under contract, full interests on those amounts, and substantially all of the costs of the arbitration and AGG’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 Millenium Copyright Act to advance claims and ultimately obtain order directing removal of offending content.

    1. 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.

  • 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 successful bench trial seeking damages for operational nuisance maintained by neighboring business.

  • 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.

Credentials

  • Duke University School of Law, Juris Doctor — 1999
    • Moot Court Board Member
    • Duke Bar Association, President, 1998–1999
  • Duke University School of Law, Master of Laws (International and Comparative Law) — 1999
  • Vanderbilt University, Bachelor of Arts — 1996,

    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 Court of Appeals for the Eleventh Circuit
  • Professional:

    • American Arbitration Association, Commercial Panel member
    • Lawyers Club of Atlanta, President, 2016-2017
    • Dispute Resolution Section, State Bar of Georgia
    • International Bar Association, Member, Arbitration Committee
    • American Bar Association—Section of Litigation
    • Registered Neutral and Arbitrator, Georgia Office of Dispute Resolution
    • International Arbitration and International Litigation Committees, ABA Section of International Law
    • Atlanta International Arbitration Society
    • American Health Lawyers Association
    • HIMMS (Healthcare Information and Management Systems Society)
    • State Bar of Georgia, Advisor and Member, Advisory Committee on Legislation (2010-2013)
    • International Law Section, State Bar of Georgia
    • Technology Association of Georgia

     

    Community:

    • 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
  • German ( Fluent )

Recognition

  • Best Lawyers in America (Commercial Litigation Law), 2018-20
  • 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

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