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Burke, Brian G.

Brian G. Burke

Partner
  • Fifth Annual Report Reviews Global Antitrust Developments

    20 Mar 2017

    Shearman & Sterling’s 2017 Antitrust Annual Report reflects our lawyers’ experience and insights on key antitrust risks affecting our clients’ businesses.

  • Sanctions Round Up: Fourth Quarter 2016 and President Donald J. Trump

    31 Jan 2017

    On November 8, 2016, Donald John Trump was elected the 45th President of the United States. Following fiery criticism of the Obama Administration’s sanctions policies, including the Iran deal, the lifting of substantial parts of the Cuban sanctions program, and the imposition of sanctions on Russia, it is likely that the new President will usher in a new era of US policy as it relates to Russian, Iran, and Cuban sanctions, although the nature, scope, and timing of such changes, not to mention Congressional views on certain of them, is still unknown.

  • Shearman & Sterling’s Recent Trends and Patterns in the Enforcement of the Foreign Corrupt Practices Act (FCPA)/FCPA Digest

    3 Jan 2017
    Shearman & Sterling’s bi-annual Trends & Patterns in FCPA Enforcement report provides insightful analysis of recent enforcement trends and patterns in the US, the UK and elsewhere, as well as helpful guidance on emerging best practices in FCPA and global anti-corruption compliance programs.
  • Supreme Court Affirms That Pecuniary Benefit Not Required For Family Member Tips, But Declines to Address What Constitutes a Benefit in Other Contexts

    7 Dec 2016

    Yesterday, the United States Supreme Court issued a unanimous, but narrow, ruling in Salman v. United States,[1] regarding criminal tipper/tippee liability for insider trading, which the Supreme Court had not significantly addressed since its decision in Dirks v. United States in 1983.[2] Following Dirks’ holding that a tippee cannot be held liable for insider trading unless the tipper receives a “personal benefit,” the Supreme Court ruled in Salman that a jury can infer that an insider receives an inherent personal benefit when making a gift of confidential information to a relative who trades on that information. The Court declined to adopt the Government’s argument that “a gift of confidential information to anyone, not just a ‘trading relative or friend,’ is enough” to establish liability, and noted that ultimately the question of whether a benefit was received will be a factual one for the jury.[3] The Court also expressly left intact the Second Circuit’s crucial ruling in United States v. Newman[4] that a remote tippee who receives information second or third hand must know of the personal benefit received by the insider in order to be liable.

  • Sanctions Roundup: Third Quarter 2016 and Executive Order on Burmese Sanctions

    2 Nov 2016

    OFAC, acting under the direction of President Obama’s Executive Orders, has lifted the economic and financial sanctions against Burma and Côte D’Ivoire. The revisions open these countries, and their financial markets, to significant Western investment. Iran continues to allege that Western financial institutions have refused to enter its markets despite the Joint Comprehensive Plan of Action. Additionally, the European Council and OFAC continue to impose and expand sanctions against Russia for its annexation of Crimea and disruptive activities in eastern Ukraine.

  • Second Circuit Accepts Controversial “Inflation-Maintenance” Theory of Securities Fraud Liability

    5 Oct 2016

    In so-called “price maintenance” securities fraud cases, plaintiffs argue that a misrepresentation that does not cause a stock’s price to rise can nevertheless be actionable under Section 10(b) of the Securities Exchange of 1934 (“Exchange Act”) on the theory that the misrepresentation prevented a stock’s artificially-inflated price from falling.

  • Securities Enforcement: 2016 Mid-Year Review

    Jul 2016
    The Securities and Exchange Commission instituted over 400 enforcement actions in the first half of 2016 and is on pace to surpass its record of 807 enforcements actions in a single fiscal year, which it set last year. In our 2016 mid-year review, we examine key developments in the SEC’s enforcement program through June 2016, and how those developments will shape the rest of 2016, including:

    • fairness and constitutionality of the SEC’s use of administrative proceedings;
    • continuing debate on cooperation credit;
    • enforcement actions against compliance professionals;
    • SEC’s ability to obtain disgorgement for long past conduct;
    • whistleblower program;
    • SEC’s requirement that defendants admit wrongdoing as a condition of settlements;
    • enforcement actions involving insider trading; and
    • enforcement actions involving the Foreign Corrupt Practices Act, private equity and investment advisers, cybersecurity, accounting and financial disclosures, and broker-dealers
  • Second Circuit Holds a National Bank’s Citizenship Is Determined Exclusively by Location of Main Office, Not Principal Place of Business

    8 Jul 2016

    For purposes of assessing the existence of federal subject matter jurisdiction based on diversity of citizenship, national banking associations—i.e., corporate entities chartered not by any State, but by the Office of the Comptroller of the Currency, an independent bureau of the US Treasury—are deemed to be citizens of the State in which they are “located.”

  • Antitrust Annual Report Surveys Recent Antitrust Developments

    26 May 2016

    In Shearman & Sterling’s 2016 Antitrust Annual Report, our attorneys combine their deep knowledge and experience to discuss some of the key antitrust issues affecting our clients.

  • Second Circuit Reaffirms Its View That Extender Statutes Supersede Statutes of Repose

    23 May 2016
    The Financial Institutions Reform, Recovery, and Enforcement Act (“FIRREA”) includes a so-called Extender Statute prescribing the limitations period for actions brought by the Federal Deposit Insurance Corporation (“FDIC”) as conservator or receiver for a failed bank. 

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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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