ADR

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…
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…
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…
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 Resolutionfburke@adrservices.comScheduling: 415-772-0900 | Cell:…
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 fburke@adrservices.com Scheduling: 415-772-0900 | Cell: 650-804-8300 Case Manager: katy@adrservices.com 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…