Practice

Brian Burke, a partner based in Hong Kong and China, advises multinational corporations and financial institutions in all stages of investigations, litigation and regulatory enforcement proceedings.  As a fluent Mandarin speaker, Mr. Burke focuses in particular on advising multinationals with operations in Greater China in the areas of FCPA/anti-corruption, shareholder litigation, antitrust, economic sanctions, anti-money laundering and other regulatory and investigative matters.

Mr. Burke has appeared before federal and state judges and U.S. regulators in securities, antirust,
white-collar and other complex litigation and regulatory proceedings, including representing companies in multi-jurisdictional investigations by the Securities and Exchange Commission and the Department of Justice.  Mr. Burke also has taken and defended depositions of Mandarin-speaking witnesses in the United States and Hong Kong.  Mr. Burke frequently conducts compliance training and seminars throughout Asia addressing cross-border risks commonly encountered in the region.

Recent Experience

• Advising GlaxoSmithKline on bribery investigation in China and related matters
• Represented multiple U.S. and European multinationals in cross-border regulatory investigations involving conduct in Asia
• Represented individuals in connection with investigations conducted by the Hong Kong Securities Futures Commission
• Won the dismissal of a securities class action against an outside director of a Chinese company
• Represented several China-based companies and individuals in U.S. securities class actions, shareholder derivative litigation and SEC investigations
• Won the dismissal of a shareholder lawsuit against Cadbury arising from Kraft’s hostile takeover bid
• Won the dismissal of shareholder litigation against Fairfax Financial Holdings challenging a
  take-private transaction by majority shareholder
• Defeated a preliminary injunction motion in Delaware Chancery Court brought by shareholders of NBC Universal in connection with recapitalization transaction
• Won the dismissal of all claims in separate actions against a foreign antitrust defendant on personal jurisdiction and subject matter jurisdiction grounds

Brian G. Burke

• Defeated a motion for a temporary restraining order in Delaware Chancery Court in connection with a proposed tender offer
• Represented Europe’s largest all-cargo airline in multi-jurisdictional antitrust investigations and related civil class actions

Education

J.D., Fordham University School of Law

B.A., Middlebury College, cum laude (Mandarin Chinese)

Harbin Institute of Technology (哈尔滨工业大学), Harbin, China (intensive Mandarin program)

Bar Admissions/Qualifications

Hong Kong

New York

United States District Court for the Southern District of New York

United States District Court for the Eastern District of New York

Languages

Mandarin Chinese

Professional Affiliations and Business Activities

• American Bar Association (member of Antitrust, Litigation and International Law sections)
• Asia Society (Hong Kong)
• China Business Lawyers Association
• China Institute in America

Publications

• “Dispute Resolution in China,” Corporate Counsel’s Guide to Doing Business in China, West Publications (2012-2013 Edition)
• “The Impact of the Financial Crisis on the Regulatory Landscape and the Resulting Implications for Securities Class Action Litigation,” PLI Securities Handbook, April 2012
• Neate and Godfrey: Bank Confidentiality (Fifth Edition) (United States chapter)
• “Distrust Needs to be Harmonized,” International Financial Law Review, September 2010
• “Non-U.S. Banks are Target of Recent Economic Actions by U.S. Government,” Banking Law Journal, May 2008

“New Enforcement Guidelines for Economic Sanctions Violations,” Banking and Financial Services Policy Report, September 2008