Dispute Resolution
Brian Burke is a Chambers-ranked litigator with more than twenty years of experience representing Fortune 500 companies, boards, financial institutions, and senior executives in their most consequential disputes. He has litigated hundreds of civil and criminal actions in federal and state courts, from filing through trial and appeal, and negotiated settlements worth billions of dollars in complex, cross-border litigation.
“Simply outstanding.”
Companies do not benefit from litigation for its own sake. They benefit from experienced counsel who can evaluate the dispute objectively, explain the available options, and recommend a course of action that reflects both the legal merits and the company’s business objectives.
Dispute Avoidance
The best lawsuit is the one that never gets filed. Rigorous early case assessment and discreet pre-litigation strategy resolve disputes before they harden into court filings.
Commercial Litigation
Contract, fraud, fiduciary duty, and insurance disputes in federal and state courts, arbitration, and mediation.
Securities Litigation
Defense of claims under the Securities Act of 1933 and Securities Exchange Act of 1934, including shareholder class actions and parallel SEC and DOJ proceedings.
M&A and Corporate Governance Litigation
Deal-related and fiduciary-duty disputes arising from contested transactions.
White-Collar and Regulatory Defense
Criminal and regulatory proceedings before the DOJ, SEC, and other U.S. and international authorities.
Selected Engagements
Obtained dismissal with prejudice on behalf of a U.S.-listed technology company in a putative class action alleging securities fraud, discrimination, and retaliation under federal and state law.
Successfully defended a U.S.-listed global manufacturer against trade secret and patent infringement claims filed in the United States and China, resulting in dismissal of all claims and assignment of the disputed IP rights to the client.
Obtained dismissal with prejudice on behalf of a UK consumer products company in a U.S. federal court action alleging breach of fiduciary duties by its board of directors.
Negotiated global settlements worth billions of dollars with adversaries, insurance carriers, and co-parties in complex, cross-border litigation spanning a wide range of substantive areas of law.
Led a global pharmaceutical company's response to a landmark criminal prosecution in China, a case of first impression that drew worldwide media attention, guiding the company through trial to a final resolution and obtaining declinations from U.S. and UK authorities in parallel proceedings.
Secured a pre-litigation, non-monetary resolution of potential state and federal claims on behalf of a multimedia publishing company, avoiding all economic and reputational consequences to the client.
Represented a global manufacturer in the mediation of a $10 million insurance claim against a global carrier, negotiating a favorable settlement and payment terms.
Defending a U.S.-listed technology company in SEC and DOJ investigations into alleged securities fraud and data protection breaches.
Represented dozens of overseas issuers in SEC and DOJ matters involving alleged securities fraud and market manipulation.
Served as lead counsel in multi-jurisdictional employment litigation involving claims of harassment, discrimination, wrongful dismissal, breach of contract, and trade secret exfiltration.
20+ Years Litigating High-Stakes Disputes
Hundreds of Civil and Criminal Actions, from Filing Through Appeal
Billions of Dollars in Negotiated Settlements
Chambers-Ranked Litigator
Admitted in New York and Hong Kong