Happy 2023! I am pleased to announce that I have been inducted into the National Academy of Distinguished Neutrals (NADN) for both mediation and arbitration. I am thrilled to be invited to join such an elite group of mediators and arbitrators.
The National Academy of Distinguished Neutrals is a professional association whose membership consists of ADR professionals distinguished by their hands-on experience in the field of civil and commercial conflict resolution. Membership is by invitation only and all Academy members have been thoroughly reviewed and found to meet stringent practice criteria. Members are selected by their peers and approved by
Continue Reading Frank Burke Inducted Into National Academy of Distinguished Neutrals
Yesterday I announced my new business, which better reflects my evolving practice balance between mediation and arbitration matters. I am now practicing as an independent ADR neutral on ad hoc mediation and arbitration matters in addition to my work with the American Arbitration Association mediation and arbitration panels, where I serve on its’ National Rosters of Arbitrators and Mediators for Commercial, Large Complex Case and Energy Disputes. I actively handle mediation and arbitration matters in person in San Francisco, San Jose, Oakland and Sacramento and on Zoom throughout California and internationally.
Please join us for a timely update of new statutory and regulatory developments for retailers, landlords and cultivators involved in cannabis and hemp businesses. The program is co-sponsored by the Santa Clara County Bar Association and the International Cannabis Bar Association. You may register at the following link: 
The Restatement 2d of Contracts, adopted in 1981, added concepts of temporary and partial impracticability and also restitution or reliance damages to ameliorate loss. While traditional application of such doctrines would lead to a finding that the contract automatically terminates, other cases state that if the frustration or impracticability is only temporary, then so is the hold on obligations (i.e. paying rent on office space when local ordinance forbids non-essential office use). This will obviously be only temporary.
