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,…
Continue Reading Temporary or Partial Impracticability and Frustration of Purpose and Pandemic Affected Contracts and Leases

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…
Continue Reading Residential Landlord Tenant Update: California Senate Bill 91, Unlawful Detainers, Rent Relief and Collection February 23, 2021 12-1:30 pm via Zoom

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…
Continue Reading Mediating and Resolving COVID-19-Related Contract and Commercial Lease Disputes

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…
Continue Reading “Relentless”​ Daily Journal Profile of Frank Burke, “A shrewd mediator with an ability to settle difficult cases.”​

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,…
Continue Reading COVID-19 and Contract Performance, 6/30/20 12-1, SCCBA Zoom Seminar

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…
Continue Reading Depositions of Business Representatives, 5/19/20, 12-2, SCCBA Zoom Seminar

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…
Continue Reading Zoom Video Conferencing Mediations and Arbitrations During the COVID-19 Outbreak