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Burke, Brian G.

Brian G. Burke

Partner

Brian Burke is a US- and Hong Kong-qualified partner in the Litigation Group who leads the firm’s Asia Litigation and Investigations practice. As a fluent Mandarin speaker, Mr. Burke specializes on advising clients with operations in China in the areas of FCPA/anti-corruption, antitrust, shareholder litigation, anti-money laundering and other compliance and investigative matters. Clients describe Mr. Burke as a “very, very skillful communicator including at board level” and note that his “language and passion for [Chinese] culture are unique.”

Mr. Burke acted as lead advisor to GlaxoSmithKline on the landmark bribery case against GSK in China, the first criminal case against a foreign company in China. Mr. Burke has also been engaged by leading multinationals with respect to compliance and investigations throughout Asia, including LVMH, McDonald’s, Olympus, Medtronic, Roche, Amgen, PetroChina, Volvo, Sephora, Valeo and many others. Mr. Burke divides his time between New York and China.

Mr. Burke regularly appears before the U.S. Department of Justice, U.S. Securities and Exchange Commission, UK Serious Fraud Office, Hong Kong Securities and Futures Commission and other U.S. and international regulators on cross-border investigations and compliance matters. Mr. Burke has also defended over a dozen Asia-based companies and individuals in U.S. securities class actions and shareholder derivative cases.

Selected Experience

  • Represented GlaxoSmithKline on criminal bribery case in China and related investigations by DOJ, SEC and SFO
  • Representing several U.S. and European multinationals on cross-border anti-corruption and antitrust investigations involving conduct in Asia
  • Represented a hedge fund executive in insider trading investigations conducted jointly by U.S. and Hong Kong regulators resulting in no charges against the individual
  • Won dismissal of securities class actions against outside directors of a Chinese company

Selected 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
  • Discovery From Foreign Defendants in U.S. Civil Antitrust Proceedings, American Bar Association, International Cartel Workshop 2008
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Education

  • Fordham University, J.D.
  • Middlebury College, B.A. (Mandarin Chinese), cum laude
  • Harbin Institute of Technology (哈尔滨工业大学) Harbin, China (intensive Mandarin program)

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