Mediator Resume

Brings lengthy experience as a business trial lawyer in major national law firms, representing both plaintiffs and defendants in federal and state courts in 26 states, China and Canada. A full time ADR neutral since 2017, conducting arbitration and mediation hearings throughout California and nationally. Streamlines ways to receive evidence to reduce expenses to the parties, requiring early disclosure of witnesses and exhibits, limited discovery of documents and depositions followed by disclosure of experts and damages theories for use at final hearing, permits parties to use declarations in lieu of direct testimony and novel approaches to the presentation of expert testimony. Follows the law and issues reasoned awards.

Frank Burke Mediation and Arbitration PC - Owner

Arbitrator and Mediator

Owner, Frank Burke Mediation and Arbitration PC, 2017 - Present; Partner, Foley & Lardner LLP, 2014 - 2017; Partner/Los Angeles Office Chair/Antitrust Practice Firm Leader/False Claims Practice, Seyfarth Shaw LLP, 2012 - 2014; Partner/Securities Litigation Firm Wide Chair/Phoenix Commercial Litigation Practice Group Leader, Steptoe & Johnson LLP, 1994 - 2012.

ANTITRUST: restrictive covenants, non-competition and non-solicitation clauses, exclusive dealing, unfair competition and trade practices, mergers and acquisitions, price fixing, distributorships, group boycotts, horizontal and vertical restraints, monopolization, patent antitrust and licensing arrangements, involving medical devices, software, tires, raw materials, manufacturing, hospitality, and Internet transactions. COMMERCIAL LITIGATION: sales of goods (UCC), loans, contracts, health care payments, managed care reimbursements, franchisor-franchisee, debtor-creditor, business torts, consumer fraud, fraud, business failures and Cannabis issues relating to commercial leases and condos involving bankruptcy trustees, SEC Receivers, petroleum refiners, utilities, banks, insurance companies, manufacturing, real estate, financial services, technology, oil and gas, solar panels, solar power plants, coal, investment banks, mezzanine lenders, sureties, software, service firms, and franchisors and franchisees. CORPORATE GOVERNANCE AND BUSINESS DISSOLUTION: family business, business divorce, corporate opportunity, corporate boards, partnership, LLC and corporate dissolution disputes. E-COMMERCE: online terms of service and use, blockchain, ICO, cryptocurrency, cybersecurity and data breach, e-discovery. ENVIRONMENTAL: hazardous waste, soil, air and groundwater emissions, remediation and cost allocation involving a variety of manufacturing, airbag, metals recycling and technology companies. FINANCIAL SERVICES: Matters involving banks, investment banks, private equity funds, securities brokers, issuers, officers, directors, attorneys, accounting firms, insurance companies, mezzanine lenders, bankruptcy trustees, SEC receivers and sureties relating to loan agreements, deeds of trust, guarantees, investments, stocks, bonds, brokerage accounts and property salvage. FALSE CLAIMS: state and federal false claims involving defense contractors, pharmaceutical and life sciences companies, health care providers and government vendors and services providers. MALPRACTICE (LEGAL, ACCOUNTING) AND FEE DISPUTES: auditing work, tax advice, IT consulting, legal advice, and litigation representation. MERGERS, STOCK AND ASSET PURCHASE AGREEMENTS: violations of representations, warranties, false financial statements, material adverse change and effect clauses, hold-backs, clawbacks, earnouts, deferred purchase price payments, purchase price adjustments, specific performance involving manufacturers, aerospace and defense, technology, data entry, computer sales and software, information services, printed circuit boards and solar panels and solar power plants industries. REAL ESTATE: purchase and sale agreements, brokers, commercial and residential leases, COVID-19, notes, partitions, construction, loan agreements, deeds of trust, guarantees, easements, property valuations and appraisals involving banks, insurance companies, investment banks, private equity funds, mezzanine lenders, and sureties. SECURITIES AND ACCOUNTING: securities, RICO, fraud, breach of fiduciary duty, and derivative claims arising from private placements, IPOs, secondary trading cases, sales of businesses, failure of internal controls, accounting and valuation principles, involving issuers, underwriters, broker-dealers, officers, directors, attorneys, accounting firms, banks, and insurance companies. TRADE SECRETS AND INTELLECTUAL PROPERTY: patents, copyrights, trademarks, computer software, theft of trade secrets, employee raiding, breach of confidentiality agreements and fiduciary duty involving manufacturing, sales, technology, business services and IT security companies.

CORPORATE GOVERNANCE & LLC DISPUTES: Disputes among members, managers, and investors involving control, strategy, fiduciary duties, and member buyouts, including disputes over ownership interests, compensation, and distributions. TECHNOLOGY & COMMERCIAL CONTRACTS: Disputes involving software implementation, IT services, and hardware transactions, including billing systems, enterprise technology, and contractual performance issues. FINANCIAL & INVESTMENT DISPUTES: Disputes involving investments, including claims of unregistered securities, unlicensed brokers or advisors, inadequate disclosures, and failed investment structures. REAL ESTATE & LANDLORD-TENANT: High-volume commercial lease disputes involving office, retail, restaurant, and mixed-use properties, including rent, CAM charges, maintenance, defaults, and termination issues. HEALTHCARE: Billing and reimbursement disputes involving hospitals, skilled nursing facilities, staffing providers, and managed care organizations. INTELLECTUAL PROPERTY & TRADE SECRETS: Disputes involving patents, copyrights, trade secrets, and licensing, including technology and data-related issues including published photographs. 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. CRYPTOCURRENCY & BLOCKCHAIN: Disputes involving digital assets, blockchain infrastructure, and exchange-related issues. CONSTRUCTION & INFRASTRUCTURE: Construction defect and project disputes, including delays, performance issues, and contractor disputes. ENERGY (SOLAR): Disputes involving solar energy projects, including development agreements and complex cost overrun issues. PROFESSIONAL SERVICES: Professional malpractice claims involving litigation counsel and tax accountants. CANNABIS & EMERGING INDUSTRIES: Disputes involving licensing, regulatory compliance, leases, payment processing, and commercial relationships.

TECHNOLOGY CONTRACTS: Analyzing contractual obligations, system performance, course of performance, breach, causation, and damages in technology-driven disputes. CANNABIS: Evaluating regulatory frameworks, contractual relationships, and operational issues leading to disputes involving leases, licensing, and business failures. CONSTRUCTION DEFECT: Reviewing construction contracts, project documentation, and performance issues; evaluating causation and damages. CORPORATE GOVERNANCE & LLC DISPUTES: Reviewing governing documents, fiduciary duties, and course of performance; addressing disputes over control, strategy, and member buyouts; and exploring negotiated exits or restructuring solutions. CRYPTOCURRENCY & BLOCKCHAIN: Evaluating digital asset structures, blockchain systems, exchange relationships, and applicable contractual and regulatory frameworks. HEALTHCARE: Analyzing contractual and regulatory frameworks, including reimbursement structures, provider-payor relationships, and compliance issues, along with causation and damages. INTELLECTUAL PROPERTY & TRADE SECRETS: Evaluating legal frameworks for patents, copyrights, trademarks, and trade secrets, including licensing structures and settlement considerations. LANDLORD-TENANT: Reviewing lease terms, rent obligations, defaults, CAM charges, repair responsibilities, maintenance obligations, and termination issues in commercial leasing disputes. PARTNERSHIP & LLC DISSOLUTIONS: Analyzing governing agreements, fiduciary duties, and valuation issues; facilitating buyouts, restructurings, or orderly dissolution. PROFESSIONAL MALPRACTICE & FEE ISSUES: Evaluating standards of care, contractual obligations, causation, and damages in disputes involving legal, accounting, and related professional services. REAL ESTATE: Reviewing purchase and sale agreements, disclosures, valuation issues, due diligence, and transactional disputes. SECURITIES: Evaluating investment transactions, disclosure obligations, alleged misrepresentations, and regulatory compliance issues. ENERGY (SOLAR): Analyzing project development agreements, timelines, performance obligations, and cost overrun disputes in solar and energy projects.

I help parties resolve disputes in a fair, practical, and cost-effective manner, using creative approaches and consistent follow-up. The process is tailored to the needs of the parties and the nature of the dispute. I work with individuals as well as small, medium, and large businesses, including family businesses. The process is designed to be efficient, practical, and solution-oriented. As a full-time neutral, I draw on extensive experience handling a wide range of disputes as a business trial lawyer and partner in major national law firms. Parties retain me to assist in resolving commercial disputes, approached with a focus on practical resolution. Mediations are most effective when the parties are well prepared. Each party is expected to exchange a mediation memorandum addressing claims, defenses, damages, and supporting authority. I review submissions in advance and may request additional information where helpful. Confidential information may be provided separately. I conduct a pre-mediation call with each party to better understand their positions, identify key issues, and address questions in advance of the session. I work to understand the parties’ perspectives, motivations, and objectives, and maintain a respectful and professional environment throughout the process. Where helpful, I provide candid, confidential feedback on the strengths and risks of each side’s position and explore practical settlement options. The goal is to achieve a durable resolution during the mediation session. If needed, I follow up with the parties to continue settlement discussions and assist in reaching resolution.

Available to handle matters remotely via Zoom. Has had extensive training and experience in the use of Zoom and uses it successfully. Approximately 80% of arbitrations and mediations handled have been conducted using Zoom since the pandemic began in early 2020. Zoom has been well received by parties and can lead to considerable savings in travel time and expenses. Recognized as a Certified Online Mediator by Mediate.com. Maintains a personal Zoom account and also works extensively with the AAA-ICDR Zoom provider. Has conducted hearings using that provider's AI transcript feature. Recommends providing the proper spelling of witness and party names, entities, places and products in advance to the AI transcript provider. Zoom has now incorporated new built in AI transcript and meeting summary apps which may be useful in preliminary hearings or status conferences. Has had extensive experience in the use of electronic discovery and presentation tools since 1995, including machine learning algorithms and ESI discovery disputes, and has taught extensively on the preservation and discovery of electronically stored information. Works with LoopUp technology for meetings and preliminary hearings. Maintains a personal DialPad account for conference calls, video meetings which can be recorded with an AI transcript, and for incoming telephone messages which are transcribed and forwarded. Maintains an up to date online calendar for requesting meeting, mediation and arbitration settings which are forwarded via e-mail. Has and uses an electronic case management and billing system, and maintains cross referenced AAA, ad hoc and internal case calendars to prevent calendar conflicts or missed deadlines. Maintains electronic lists of prior mediation and arbitration parties and counsel for disclosure purposes. Requests that all cases and statutes cited and all exhibits to be used be sent electronically via file transfer so that they can be loaded into and reviewed in a computer system. Uses Westlaw Edge to follow up on case citations and quotations presented by the parties. Explores the ethical use of ChatGPT and Google Gemini in lieu of web browsers for general fact questions, excluding any personal, company or product identifying information, or confidential information. Successfully completed Clearbrief AI Academy, May 2025.

Harvard Law School (JD); Cornell University (AB, Magna Cum Laude in Economics).

Admitted to the Bar: Arizona, California.

Professional Associations, Awards and Honors Awards: The Best Lawyers in America, Mediation, Arbitration, and Commercial Litigation 2007-2026 California Super Lawyers, Alternative Dispute Resolution 2007-2025 Academy Member, National Academy of Distinguished Neutrals, California Chapter for Mediation and Arbitration 2023-present Martindale Hubbell, AV Preeminent Rating (all years-present) Mediate.com Certified Online Mediator 2020-present Professional Associations: American Bar Association Litigation, Business Law and Alternative Dispute Resolution (Mediation and Arbitration Committees) Sections Association of Business Trial Lawyers State Bar of California California Lawyers Association (Labor and Employment and Real Property Sections) Bar Association of San Francisco (Alternative Dispute Resolution, Arbitration and Mediation Sections) Santa Clara County Bar Association, Co-Chair, Section of Real Property and Business Law The International Council for Online Dispute Resolution California Arbitration (CalArb.org)

Author: Anticipating and Resolving Disputes in Small Business Partnerships and LLC’s, Law 360, July 2, 2024 Speaker, Joint Ownership and Property Division Issues, SCCBA, April 28, 2022 Speaker, Cannabis Industry Civil Litigation and ADR, Webinar, March 30, 2022 Speaker, “Practical Tips on Privacy Law and Cybersecurity for General Business Practitioners” SCCBA, September 28, 2021 Speaker, “California Cannabis Industry Update CLE” SCCBA June 22, 2021 Speaker, “Residential Landlord Tenant Update: California Senate Bill 91, Unlawful Detainers, Rent Relief and Collection” SCCBA February 23, 2021 Author, “Temporary or Partial Impracticability and Frustration of Purpose and Pandemic Affected Contracts and Leases”, ADR & Conflict Management Strategies, April 22, 2021 Author, “Mediating and Resolving COVID-19 Related Contract and Commercial Lease Disputes”, The Recorder November 6, 2020 Speaker, “Effective Mediation and Settlement of Commercial Real Estate Disputes” September 19, 2019 Author, “10 Mediation Tips for Patent and Trade Secret Cases” Law360 February 28, 2019 Author, “10 Tips for a Successful Employment Mediation” Law360 July 26, 2018 Speaker, Cornell Family Business Roundtable: “Family Business Conflict: From the Inside and Out” April 5, 2018 Speaker, “Mediating Family Business Disputes”, University of San Francisco School of Management, Fall 2017 Co-Author, “Cybersecurity in the Pharma, Biotech, and Medical Devices Industries: Protecting Your IP and Confidential Information in Cyberspace”, Foley & Lardner Guidebook, Business of Personalized Medicine Summit, 2017. Co-Author, “Audit Committee Update: Revenue Recognition, Related Party Transactions, Executive Compensation and Internal Controls”, National Director Institute, 2016 Co-Author, “Cyber Security and Cyber Risk Issues for Boards of Directors”, ABA CLE 2015. Co-Author, “International Cartel Sales to Global Supply Chains Raise U.S. Antitrust Issues”, Manufacturing Industry Adviser, 2014. Co-Author, “FTAIA Analysis: 7th Circuit vs. 2nd Circuit”, Law360 2014. Co-Author, “Protection Against Foreign Anticompetitive Practices Affecting U.S. Activities”, Manufacturing Industry Adviser, 2014 Co-Author, “Health Care/Pharmaceutical False Claims, Whistleblower and Compliance Update”, Seyfarth Shaw, 2013 Co-Author, “Recent Developments: False Claims Act, Qui Tam and Retaliation Claims”, Seyfarth Shaw, 2013 Author, “Insider Trading Securities Violations”, ABA CLE 2012, reprinted in WestLaw Author, “Securities Liability Issues Under Rule 10b-5”, ABA CLE 2012, reprinted in WestLaw. Co-Author, “Protecting Corporate Trade Secrets in a Digital Network Environment,” 1 Privacy & Data Security Law Journal 56 (December 2005).

Hourly Rate: Not provided Daily Rate: $6,000.00 Study Rate: Not provided Cancellation: $3,000.00/Day Cancellation Period: 10 Days Comment: Mediation rate is a flat rate of $6,000 per day or $3,000 per half day of main session. No additional charges for introductory calls, study or follow up calls. No travel expenses charged for travel within California and Arizona. For other locations, coach air fare, meals and three star hotel.

English

United States of America

San Francisco, California