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Frank Burke

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Office Locations in San Francisco, San Jose and
Oakland CA and Phoenix, AZ

USA
650-804-8300

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Description of Practice

Frank Burke, with 42 years of experience as a business trial lawyer representing both plaintiffs and defendants, is the founder of Frank Burke Mediation PC, and a panel member of ADR Services, Inc. handling commercial, real estate, technology, employment and personal injury matters throughout California and Arizona. He helps parties resolve their conflicts in a fair, cost effective way. A full time neutral, he serves as a mediator, arbitrator, special master and discovery referee. He conducts mediations and arbitrations in disputes involving: • Contracts • Real estate • Landlord/tenant leases • Family businesses • Business divorces • Complex commercial • Corporate governance • Mergers and acquisitions • Class actions • Securities fraud investments • Accounting and legal malpractice • Antitrust, unfair competition and trade practices • Technology, trade secrets and intellectual property • Employment • Healthcare • Partnership dissolutions • Debtor-Creditor • Qui tam and False Claims Act • Banking and Finance • Accounting and Taxation • Environmental • Construction defects • Insurance coverage • Personal injury • Automobile, motorcycle and truck-trailer collisions • E-discovery and cybersecurity

Professional Background

  • ADR Services, Inc., San Francisco, Silicon Valley and Oakland (current)
  • Partner, Foley & Lardner LLP, San Francisco and Silicon Valley (January 2014-May 2017)
  • Partner, Seyfarth Shaw, LLP, Los Angeles, (January 2012-January 2014)
  • Partner, Steptoe & Johnson LLP, Phoenix and Los Angeles (January 1994 – January 2012).
  • Partner, Streich Lang, Phoenix (April 1985 - December 1993).
  • Assistant United States Attorney, United States Department of Justice, Seattle (December 1980 - November 1985).
  • Associate, Morrison & Foerster, San Francisco (May 1977-December 1980)
  • Associate, Sherman & Howard, Denver (August 1975-May 1977)

Experience

I draw upon my 42 years of experience as a business trial lawyer in national law firms handling a diverse range of litigation matters in federal and state courts and administrative agencies in 26 states and abroad in China and Canada. I help parties resolve their conflicts in a fair, cost-effective way through creative approaches and relentless follow-up in a framework of trust and civility. As a full-time neutral, I have had significant experience mediating and arbitrating disputes involving individuals and small, midsize and large businesses, including family businesses. I am available to conduct hearings throughout California and Arizona with no travel charges.

Degrees

  • A.B., Cornell University 1972 (Magna Cum Laude in Economics) J.D., Harvard Law School 1975
  • Bar Admissions: State and Federal Courts in Arizona, California, Colorado and Washington

Training

Dates    Trainer(s)    Title   
August 2016    Pepperdine Law School     Mediating the Litigated Case
September 2016    ABA Section of Dispute Resolution     Arbitration Case Law-Annual Update
November 2016    Bar Association of San Francisco    Arbitrator Certificate Training
March 2017    ACRNC    Association for Conflict Resolution Northern California Annual Conference
April 2017    ABA Section of Dispute Resolution    American Bar Association Section of Dispute Resolution Spring Meeting
2017    American Arbitration Association    Arbitration Fundamentals and Best Practices for New AAA Arbitrators
2017    American Arbitration Association    Arbitration Award: Safe Guarding, Deciding and Writing Awards
2017    ABA Section of Dispute Resolution    Advanced Mediation and Advocacy Skills Institute

Approach

I use a mix of facilitative and evaluative approaches depending on the situation and the parties’ desires. I like to get to know the parties and hear their perspectives so I usually ask the parties to speak personally in addition to the positions expressed by their counsel. I listen carefully and always treat the parties with empathy, respect and civility as I learn their views, motivations, wants and needs. In caucuses, we confidentially and constructively explore the strengths and weaknesses of the parties' cases, the best and worst and most likely alternatives to a negotiated agreement, the risks faced by each party if there is no settlement, and the costs of proceeding through trial. I work with the parties to creatively brainstorm ideas and solutions and their settlement demands or offers and their later settlement moves with them, to help the parties reach a resolution that they can all accept. This may include business solutions as well as money demands and offers. I prepare intensively in advance of each mediation session. I believe in outside the box approaches and relentless follow-up.

Fees

For private mediation I offer an all inclusive service fee which includes 30 minute pre-meeting calls with each party, one hour of preparation time for a four hour conference, two hours of preparation time for a full day conference, and follow up telephone conferences with the parties as needed to achieve a settlement. My private mediation fees include all of the above services at $2,250 for a half day conference and $4500 for a full day conference, with no travel charges within the states of California and Arizona.

Other Information

Honors and Recognition

  • The Best Lawyers in America 2007-present Commercial Litigation
  • Arizona and California Super Lawyers 2007-present Securities Litigation, Business Litigation; 2017-present ADR
  • Chambers USA America’s Leading Lawyers 2007-2012 General Commercial Litigation
  • Martindale Hubbell AV Preeminent rating

Areas of Practice

  • Accidents
  • Automotive
  • Boundary Disputes
  • Business
  • Civil (general)
  • Commercial
  • Construction
  • Contracts
  • Copyright
  • Employment
  • Environmental
  • Franchise
  • General
  • Health Care
  • Insurance
  • Intellectual Property
  • International
  • Landlord - Tenant
  • Legal Malpractice
  • Organizational
  • Partnership
  • Patent
  • Personal Injury
  • Products Liability
  • Professional Fees
  • Real Estate
  • Securities
  • Tax
  • Technology
  • Trademark
  • Transportation
  • Workplace

Professional Services

  • Mediator
  • Fact-Finder
  • Mediator-Arbitrator
  • Mediating Lawyer
  • Arbitrator
  • Collaborative Professional

References available upon request.

This dispute resolution professional keeps liability insurance.