Frank Burke, Esq.

Commercial Mediator and Arbitrator for Complex Business Disputes

Handling technology, healthcare, financial, and corporate governance disputes nationwide, with a focus on efficient and cost-effective resolution.

Frank Burke is a full-time mediator and arbitrator handling complex commercial disputes across a broad range of industries. His practice includes technology-driven, healthcare, financial, and transaction-related matters, including corporate governance, mergers and acquisitions, and investor-related disputes. He is regularly selected to handle multi-party and complex commercial disputes. These matters include corporate governance disputes, technology disputes, financial disputes, and real estate disputes handled through mediation or arbitration.

He has extensive experience as a business trial lawyer in major national law firms, representing both plaintiffs and defendants in federal and state courts across the United States and internationally. He works with individuals as well as small, medium, and large businesses, including family businesses.

Based in the San Francisco Bay Area, he provides mediation and arbitration services across a broad range of complex commercial disputes, with a focus on timely and cost-effective resolution. He is available for in-person proceedings throughout the Bay Area, Sacramento, and Southern California, as well as nationwide. He also conducts proceedings worldwide via Zoom. He is recognized by Mediate.com as a Certified Online Mediator.

Areas of Practice

As a full-time neutral, Mr. Burke handles mediations and arbitrations in complex commercial disputes across the following areas:

• 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 right.
• 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 involving litigation counsel and tax accountants.
• Cannabis & Emerging Industries
  Disputes involving licensing, regulatory compliance, leases, payment processing, and commercial relationships.

Arbitration Philosophy

He conducts hearings with a firm and fair hand. He actively manages proceedings to maintain efficiency while ensuring that each party has a full and fair opportunity to present its case. He uses streamlined and practical approaches to the presentation of evidence to minimize duplication and unnecessary expense. His goal is to achieve a fair, efficient, and economical resolution of the dispute.

He encourages early disclosure of witnesses and exhibits and supports focused document and deposition discovery consistent with the efficiencies parties seek in arbitration. At the close of fact discovery, the parties disclose expert opinions and damages analyses.

He permits the use of witness declarations and expert reports in lieu of direct testimony, provided that witnesses appear at the final hearing for cross-examination and redirect. He follows the law and issues reasoned awards.

Mediation Philosophy

He uses a mix of facilitative and evaluative approaches depending on the situation and the parties’ needs. In caucuses, he confidentially and constructively explores the strengths and weaknesses of each party’s case, the best, worst, and most likely alternatives to a negotiated resolution, the risks of proceeding without settlement, and the costs of continuing through trial. Where helpful, he provides candid, confidential feedback to assist the parties in evaluating settlement options.

He works to understand the parties’ perspectives, motivations, and objectives, and encourages a respectful and productive process. He assists the parties in developing and evaluating settlement options, including both financial and business solutions, and works with them as negotiations evolve.

He prepares thoroughly in advance of each mediation session and focuses on practical, creative approaches to resolving disputes. He follows up consistently after the session when needed to help the parties reach a durable, efficient, and cost-effective resolution.

Professional Experience​​

• CPR Panel of Distinguished Neutrals (2024-present)
  Arbitrator and Mediator, California At Large ADR Panel, Franchise-Far West, Real Estate, and Banking, Accounting, and Financial Services Panels.
• Founder, Frank Burke Mediation and Arbitration, PC (2017-present)
  Independent Arbitrator and Mediator
• American Arbitration Association (2017-present)
  Member, National Rosters of Arbitrators, Commercial, Large Complex Cases, Merger & Acquisition, Franchise, Cannabis, Financial Services and Energy Panels, National Roster of Commercial Mediators
• ADR Services, Inc., San Francisco and Silicon Valley (2017-2022)
  Mediator, Arbitrator, Temporary Judge, Special Master, and Discovery Referee
• Partner, Foley & Lardner LLP, San Francisco and Silicon Valley (2014-2017)
  Business Litigation; Antitrust; Securities Enforcement & Litigation; Government Enforcement & White Collar; Intellectual Property Litigation Groups
• Partner, Seyfarth Shaw LLP, Los Angeles (2012-2014)
  Chair of the Los Angeles Litigation Department; firmwide practice area leader of the Antitrust and Trade Regulation team; firmwide co-leader of the False Claims and Internal Investigations team
• Partner, Steptoe & Johnson LLP, Phoenix and Los Angeles (1994-2012)
  Firmwide practice group leader; Securities Litigation and Enforcement practice; Phoenix Commercial Litigation practice group; Managing Partner of the Phoenix office
• Assistant United States Attorney, United States Department of Justice, Seattle
  Member, Economic Crime Enforcement Unit and Liaison to SEC