Frank Burke

Mr. Burke has lengthy years of experience as a business trial lawyer in major national law firms, representing both plaintiffs and defendants in a diverse range of business disputes in federal and state courts in 26 states, China and Canada. As a full-time neutral, he has had significant experience mediating and arbitrating disputes involving individuals and small, midsize and large businesses, including family businesses. He handles mediation and arbitration matters in person in San Francisco, San Jose, Oakland, Sacramento and throughout California and on Zoom internationally. 

He uses a mix of facilitative and evaluative approaches in mediation, depending on the situation and the parties’ desires. He prepares intensively in advance of each mediation and believes in outside the box approaches and relentless follow-up.

He conducts arbitration hearings with a firm and fair hand, trying for innovative and streamlined ways to receive evidence with a minimum of duplication and undue expense to the parties. He believes in disclosure of witnesses, exhibits, experts and damages theories to be used at trial, with limited discovery of documents and depositions. He follows and applies the law and issues reasoned awards

​Online Dispute Resolution: Mediate.com has recognized Mr. Burke as a Certified Online Mediator. Mr. Burke is available to handle matters remotely via Zoom. He has had extensive training and experience in the use of Zoom and uses it successfully. Zoom has been well received by parties and can lead to considerable savings in travel time and expenses.

Commercial Mediator and Arbitrator for Complex Business Disputes

Handling technology, healthcare, financial, and corporate governance disputes nationwide, with a focus on efficient and cost-effective resolution.

As a full-time neutral, Mr. Burke handles mediations and arbitrations in complex commercial disputes across the following areas:

• ·       Corporate Governance, M&A and Investor Matters
  Disputes among LLC members, partners, and shareholders involving control, fiduciary duties, valuation, and member buyouts, as well as post-closing disputes involving earnouts, purchase price adjustments, ownership interests, compensation, and distributions.
• ·       Technology and Online Platforms
  Disputes involving software development, SaaS and enterprise systems, implementation failures, and performance issues, as well as trade secrets, data use, e-commerce platforms, and payment systems.
• ·       Life Sciences and Healthcare
  Disputes involving medical devices and healthcare services, including reimbursement and billing issues involving hospitals, skilled nursing facilities, staffing providers, and managed care organizations, as well as provider-payor relationships, regulatory issues, and healthcare technology vendors.
• ·       Intellectual Property and Trade Secrets
  Disputes involving patents, copyrights, trade secrets, and licensing, including technology and data-related issues and published photographs.
• ·       Financial and Investment
  Disputes involving private placements, investment losses, securities matters, lender-borrower relationships, and accounting and valuation matters, including claims involving unregistered securities and inadequate disclosures.
• ·       Real Estate and Commercial Leasing
  High-volume commercial landlord-tenant disputes involving office, retail, restaurant, and mixed-use properties, including rent, CAM charges, defaults, and termination issues, as well as real estate purchase and sale agreement matters.
• ·       Solar Power
  Disputes involving solar energy projects, including development agreements, pricing and payment disputes, cost overruns, delay claims, and battery system implementation.
• ·       Employment (Executive-Level)
  Disputes involving executive compensation, bonus and tax-related compensation issues, employment and separation agreements, wrongful termination, and whistleblower claims, including discrimination, harassment, and retaliation matters.
• ·       Franchise
  Disputes involving termination fees, transfer obligations, lease assumptions, non-compete provisions, and financial right.
• ·       Cryptocurrency and Blockchain
  Disputes involving digital assets, blockchain infrastructure, and exchange-related issues.
• ·       Construction and Infrastructure
  Construction defect and project disputes, including delays, performance issues, and contractor disputes.
• ·       Professional Services
  Professional malpractice claims involving litigation counsel and tax accountants.
• ·       Cannabis & Emerging Industries
  Disputes involving licensing, regulatory compliance, leases, payment processing, and commercial relationships.

• A.B., Cornell University (Magna Cum Laude in Economics)
• J.D., Harvard Law School 
• Bar Admissions: State and Federal Courts in Arizona and California

• American Bar Association, Sections of Dispute Resolution, Litigation and Business Law
• Association of Business Trial Lawyers
• State Bar of California
• California Lawyers Association
• Bar Association of San Francisco
• Santa Clara County Bar Association, Executive Committee,, Section of Real Property and Business Law
• The International Council for Online Dispute Resolution
• CPR Panel of Distinguished Neutrals
• American Arbitration Association, Arbitrator and Mediator, Commercial, Large Complex, Accounting, Cannabis, Energy, Financial Services, Franchise, Life Sciences, Professional Services, Technology and Expedited Panels.

Mediation: $6,000 full day, $3,000 half day.

Arbitration: $600 per hour.