Frank Burke

Francis J. Burke, Jr. is the founder of Frank Burke Mediation and Arbitration PC, and a panel member of the American Arbitration Association National Rosters of Commercial Arbitrators, Large Complex Case, Energy, Merger & Acquisition, Technology, Franchise, Cannabis, and Financial Services Panels  and the Commercial Mediation Panel.  He is a Member of the National Academy of Distinguished Neutrals, California Chapter, recognized for both mediation and arbitration. He is also a member of the CPR Panel of Distinguished Neutrals as an arbitrator and mediator on the California at Large ADR Panel, Franchise-Far West, Real Estate and Banking, Accounting and Financial Services Panels. 

In his mediations, he helps parties resolve their conflicts in a fair, cost effective way through creative approaches and relentless follow-up in a framework of trust and civility. He seeks to genuinely understand the parties’ views, motivations, wants and needs. He uses a mix of facilitative and evaluative approaches to help parties reach a durable settlement that all can accept.

In his arbitrations, he conducts 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, to achieve a fair, efficient and economical resolution of their dispute. 

A full time neutral, he applies his lengthy years of experience as a business trial lawyer in national law firms having handled a diverse range of business disputes involving varied business sectors in federal and state courts and administrative agencies in 26 states, China and Canada.

He conducts mediations and arbitrations online and throughout California in disputes involving:

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 rights.

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 and fee disputes involving litigation counsel and tax accountants.

He received a J.D. from Harvard Law School, and an A.B, from Cornell University, Magna Cum Laude.    He is a member of the California and Arizona Bars