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Latest from Frank Burke Mediation PC

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 |…
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 |…
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,…
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…
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…
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…
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…
  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;…
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…
Recently, courts across the country have seen an increase in employment law claims. Given its strict Labor Code and discrimination laws, this trend has been especially prevalent in California. A very high percentage of these employment claims are resolved through the mediation process. Skilled advocates addressing these types of issues can work with their clients to utilize the following best practices in planning, strategy and mediation advocacy in that process. Part 1 of this article will focus on the early stages of an employment mediation: preparation and planning, valuing the case, considering non-monetary solutions, and the initial presentation of the…
San Jose, California Please join us for the national webcast of “Effective Mediation of Technology Litigation” involving trade secret misappropriation and patent infringement on December 12, 2018 from 12-2 p.m. PST. You may register at the following link: https://buff.ly/2JMvI0b  It will also be presented live at the Santa Clara County Bar Association 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 Silicon Valley patent and trade secret litigators, mediators and a federal judge will…
Welcome! ADR & Conflict Management Strategies at https://www.adrconflictstrategies.com will  offer ideas on alternative dispute resolution best practices in planning, strategy and advocacy in the full spectrum of conflict resolution methods, from early conflict resolution before litigation or arbitration has begun, early dispute resolution in the litigation process, mediation, and arbitration. Please visit the blog  and sign up to receive blog posts via e-mail. The target audience for this blog includes plaintiff and defense attorneys and inside counsel and the parties who participate in ADR and conflict management processes prior to and during litigation and arbitration. In addition, the blog will focus…