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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.
There are aspects of this new business that I
Continue Reading Introducing Frank Burke Mediation and Arbitration PC

We invite you to join us for this unique cross-over event that focuses on co-ownership and division of real property and real estate businesses from Superior, Family and Probate Court perspectives. Register here: https://buff.ly/3uZb1pQ j
I will moderate and our distinguished speakers will be Steven Kahn from Hoge Fenton, Hon. Julie Emede, Santa Clara County Superior Court, Julia McDowell of Hoover Krepelka and Erin Norcia of Temmerman, Cilley & Kohlmann.
The program is co-sponsored by the Santa Clara and Contra Costa County Bar Associations.
Here is a course description:

  • Tenants-In-Common Agreements; ‘Romantic Partners’ purchasing real property together;
  • Joint Tenancy; Community


Continue Reading Joint Ownership and Property Division Issues April 28, 2022 12-1:30 PDT via Zoom

Please join me, Ian Ballon, Greenberg Traurig LLC Global IP & Technology Co-Chair and Stephanie O. Sparks, Hoge Fenton Privacy & Data Security and IP Chair for this terrific program on September 28, 2021 at noon, via Zoom.
We will focus on the most recent updates to California privacy law, data privacy class actions, practical cybersecurity issues, data breach class actions, risk issues for officers and boards of directors, and cyber insurance.
Register Here: https://buff.ly/3klQbM6
Sponsored by the Real Property. & Business Law Section of the Santa Clara County Bar Association and the San Mateo County, Alameda County and Marin
Continue Reading Practical Tips on Privacy Law and Cybersecurity for General Business Practitioners 9/28/21 12-1:30 pm PDT via Zoom

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:  https://buff.ly/33HTXYh
An expert panel of leading cannabis lawyers will discuss recent regulatory issues; drafting commercial leases to be compliant with relevant laws and regulations and tips for landlords and for tenants; company formation issues; raising capital from investors; banking issues; loan issues; insurance issues; appellation of origin issues; supply chain issues; ancillary
Continue Reading California Cannabis Industry Update CLE: June 22, 2021 12-1:30 pm PDT via Zoom

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.
Thus, the Restatement 2d Contracts Section 269 operates to temporarily suspend a party’s obligation to perform during the period of impracticality or
Continue Reading TEMPORARY OR PARTIAL IMPRACTICABILITY AND FRUSTRATION OF PURPOSE AND PANDEMIC AFFECTED CONTRACTS AND LEASES

Please join us for a timely update program on “Residential Landlord Tenant Actions: The New Senate Bill 91, and Updates on Unlawful Detainers, Rent Relief and Rent Collection” on February 23, 2021 12-1:30 pm PST via Zoom, sponsored by the Santa Clara County Bar Association. You may register at this link: https://buff.ly/3dofhba

I am serving as the moderator of this program. An expert panel of lawyers and Judges will discuss the newly enacted California Senate Bill 91 which extends the eviction moratorium and rent relief restrictions provided in California Assembly Bill 3088 through July 1, 2021, adds some additional fixes
Continue Reading Residential Landlord Tenant Update: California Senate Bill 91, Unlawful Detainers, Rent Relief and Collection February 23, 2021 12-1:30 pm via Zoom

The COVID-19 pandemic has had a negative effect on contracts and commercial  leases, preventing or slowing performance and upending the expectations of contracting parties. In many cases both parties have suffered losses. There are many pathways to settlement in these matters which can be resolved by applying principles in the doctrines of force majeure, impossibility, impracticability, commercial frustration of purpose, and material adverse change or effect clauses. A PDF copy of this article can be found at this link and attached: https://buff.ly/2Uq1bvt

Frank Burke, Esq.

Mediator | ArbitratorADR Services, Inc. – Your Partner in Resolution[email protected]Scheduling: 415-772-0900 |
Continue Reading Mediating and resolving COVID-19-related contract and commercial lease disputes

This profile of me appeared recently in the Daily Journal, the California statewide legal newspaper. It was an honor to read the kind words from the extraordinary counsel with whom I have worked in past mediations. A PDF copy of the article can be found at this link and attached: https://buff.ly/2zHZxP0 .

Frank Burke, Esq.
Mediator | Arbitrator
ADR Services, Inc. – Your Partner in Resolution
[email protected]
Scheduling: 415-772-0900 | Cell: 650-804-8300
Case Manager: [email protected]
http://www.adrservices.com/neutrals/burke-frank/
Available to handle your matters remotely via Zoom Conferencing.
SEVEN OFFICES STATEWIDE:
San Francisco | Oakland | Silicon Valley | Century City | Downtown Los Angeles |
Continue Reading “Relentless”​ Daily Journal Profile of Frank Burke, “A shrewd mediator with an ability to settle difficult cases.”​

Please join us for the upcoming Santa Clara County Bar Association Zoom seminar on COVID-19 and Its Impact on Enforcement or Excuse of Contract Performance in Commercial Contracts, Construction Projects, Real Estate Development Projects and Financial Transactions on June 30, 2020 from 12-1 pm. As Co-Chair of the SCCBA Real Property and Business Law Section, I will moderate the program which will feature two top Silicon Valley business and real estate trial lawyers: Richard O McDonald of Hopkins & Carley and Dawn C. Sweatt of Berliner Cohen LLP
The program will focus on practical application of force majeure, impossibility, impracticability,
Continue Reading COVID-19 and Contract Performance, 6/30/20 12-1, SCCBA Zoom Seminar

Please join us for the upcoming Santa Clara County Bar Association Zoom seminar on Tips and Tactics in Deposing and Defending Business Representatives on May 19, 2020 from 12-2 pm. As Co-Chair of the SCCBA Real Property and Business Law Section, I will moderate the program which will feature three top Silicon Valley trial lawyers: Sarju Naran of Hoge Fenton, Vince Parrett of Bergeson, and Elizabeth Pipkin of McManis Faulkner. The panel has considerable experience involving depositions of H.R., technology and financial witnesses.
The program should be of interest to younger as well as more experienced attorneys, and the Zoom
Continue Reading Depositions of Business Representatives, 5/19/20, 12-2, SCCBA Zoom Seminar

By using Zoom online videoconferencing for mediation or arbitration sessions, ADR providers can allay any concerns you may have related to traveling or meeting in person , in light of the coronavirus (COVID-19) outbreak.
We hope this article finds you well, and in good health. At ADR Services, Inc., it is our goal to meet the needs of our clients and truly serve as a Partner in Resolution. With this in mind, if you or your clients have concerns regarding traveling or attending an in-person mediation or arbitration during this troubling time, ADR Services is equipped to offer video conferencing
Continue Reading Zoom Video Conferencing Mediations and Arbitrations During the COVID-19 Outbreak

Please join us for the national webcast of “Effective Mediation and Settlement of Commercial Real Estate Disputes” on September 19, 2019 from 12-2 p.m. PST,  co-sponsored by the California Lawyers Association and the Santa Clara County Bar Association. You may register at the following link: https://buff.ly/30uy3o9 It will also be presented live at the SCCBA Seminar & Conference Center in San Jose, CA, and will be available On Demand thereafter.
I am serving as the Program Chair and Moderator of this interactive program presentation. A highly experienced panel of experienced commercial real estate lawyers and mediators will focus on best
Continue Reading Effective Mediation and Settlement of Commercial Real Estate Disputes Live and Webcast September 19, 2019 12-2 p.m. PDT

Technology companies have choices to make at various phases of the mediation process for patent and trade secret cases. Part 2 of the article focuses on: making the most of pre-hearing conferences and oral presentations at the mediation; making a strategic opening offer; planning settlement moves, avoiding or breaking impasse and closing the deal; planning ahead for the settlement agreement and monetary payments; and planning ahead for potential licensing terms, business relationships and equitable remedies.

  • Make the most of pre-hearing conferences and oral presentations at the mediation. 
  • Most mediators conduct pre-hearing conferences with each party. Use your time to tell the
    Continue Reading 10 Mediation Tips For Patent And Trade Secret Cases- Part 2

    Technology companies have choices to make at various phases of the mediation process for patent and trade secret cases. Patent and trade secret litigation remain important tools to protect the intangible assets of technology companies. They are among the most costly matters to litigate, and there is a significant financial incentive for parties to consider mediation and settlement as early as possible. Mediation is also increasingly required by local court rules or contracts between parties.
    Part 1 of the article focuses on: selecting the right time to mediate patent and trade secret cases; realistically assessing liability, damages and equitable remedies;
    Continue Reading 10 Mediation Tips For Patent And Trade Secret Cases- Part 1

    A very high percentage of employment claims are resolved through mediation. This article addresses best practices in planning, strategy and advocacy in the mediation process. Part 2 of this article discusses the middle and end stages of mediation- from first offers through planning settlement moves in the negotiation process, through closing the gaps between the parties, breaking impasse, reaching an agreement and documenting it.

  • Set the stage with your opening offer.
  • Given your case valuation, your opening offer should be selected as part of your overall settlement strategy and potential settlement moves and concessions. It should be accompanied by a
    Continue Reading 10 Tips For A Successful Employment Mediation- Part 2