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 Panel Energy Panel and the Commercial Mediation Panel.  He is also a Member of the National Academy of Distinguished Neutrals, California Chapter, recognized for both mediation and arbitration.

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:

Business Disputes

• Contract, family business, complex commercial, merger and acquisition, class actions and derivative suits, securities fraud investment, accounting and legal malpractice, antitrust, unfair competition and trade practices, healthcare, cannabis, franchise, debtor-creditor, qui tam and False Claims Act, banking and finance, accounting and taxation disputes.    

Real estate Disputes

• Real estate purchase and sale, landlord/tenant/lease, COVID-19, partition, environmental, construction defect, boundary line, easement, ADA access disputes   

Corporate Governance and Business Dissolution Disputes

• Business divorce cases, corporate governance, partnership, LLC and corporate dissolution disputes.    

Technology and IP Disputes

• Technology, trade secrets and intellectual property, e-commerce and terms of service, computer software, blockchain, ICO, cryptocurrency, e-discovery and cybersecurity, solar industry, energy and utilities disputes  

Financial Services Disputes

• Banks, investment banks, private equity funds, securities brokers, issuers, officers, directors, attorneys, accounting firms, insurance companies relating to loan agreements, deeds of trust, guarantees, investments, stocks, bonds, brokerage accounts and property salvage.

Merger and Acquisition Disputes

• Representations, warranties, false financial statements, material adverse change and effect clauses, earnouts, deferred purchase price payments, purchase price adjustments.

Solar Power Disputes

Pricing payment disputes between solar project development companies and builder/operator solar companies; disputes between offshore solar panel manufacturers and solar power plant construction firms over and bonus and delay charges; claims by solar energy customers about battery systems.

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