ADR

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

The Ninth Circuit’s recent Berman decision looks to be even more of a game-changer after a federal district court in California relied on it to hold that widely-used clickwrap “continued-use” provisions allowing companies to amend their terms of service at will, and binding consumers to the amended terms merely by their continued use of the service, will not be enforced

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

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

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

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.

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

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,

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,

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