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James Burke

Of Counsel

Washington, D.C.

James is a seasoned and trial-ready litigator who focuses on the financial sector and practices with members of Orrick's New York office. James's "sweet spot" is structured finance and bankruptcy-related litigation.

James has focused on financial disputes throughout his career, representing leading commercial and investment banks, private equity sponsors, asset managers, commodity traders, mortgage companies, and insurance carriers, among other clients. James began his practice in Orrick's Restructuring group and during hiatuses from Orrick, was a bankruptcy partner in a boutique firm and an associate with Milbank LLP.

As a former law firm partner, James has experience as lead counsel on matters from inception through resolution. He also has experience as second-chair counsel for trials and contested hearings, leading complex trial and appellate court briefing, directing expert discovery on subjects such as corporate valuation and damages, and managing a large portfolio of mortgage-backed securities litigations.

Interests

  • A figure skating and hockey dad, James spends much of his free time at ice rinks in the Washington metropolitan area.

  • Financial Sector Litigation

    • Administrative agent under credit agreements defending against contract and tort claims related to liability management transaction.
    • Loan servicer and seller in contract dispute concerning mortgage loan sale and servicing agreement.
    • Bank sponsor of residential mortgage-backed securities defending against securities law and contractual repurchase actions.
    • Loan servicer in trust instruction proceeding concerning cleanup calls for residential mortgage-backed securities trusts.
    • Private equity owner of SPAC acquisition target in dispute with financial advisor over engagement fee.

    Bankruptcy/Restructuring Litigation

    • SIPC v. Bernard L. Madoff Investment Securities LLC (Bankr. S.D.N.Y.): Redeeming investor in foreign feeder fund defending against fraudulent transfer claim by trustee of liquidating securities broker.
    • In re MF Global Inc. (Bankr. S.D.N.Y.): Customer of liquidating commodity broker in dispute concerning treatment of letter of credit posted as trading margin.
    • In re Lehman Brothers Holdings Inc. (Bankr. S.D.N.Y.): Swap participants in disputes concerning settlement amounts for terminated trades.
    • In re GenOn Energy, Inc. (Bankr. S.D. Tex.): Owner-lessors under structured lease transactions asserting fraudulent transfer and tort claims against affiliates of leasees.
    • In re Ultra Petroleum Corp. (Bankr. S.D. Tex.): Noteholders claiming makewhole premium and interest under chapter 11 plan.
    • In re PhaseBio Pharmaceuticals Inc. (Bankr. D. Del.): Pharmaceutical development company defending against debt-to-equity recharacterization claims.
    • In re Hotel Equity Fund, LLC (Bankr. D. Del.): Hotel operator in involuntary bankruptcy case for resort hotel.
    • In re LandAmerica Financial Group, Inc. (Bankr. E.D.V.A.): State agency pursuing recovery of escheated funds.

    Mass Tort Bankruptcy Litigation

    • In re Imerys Talc America, Inc./In re Cyprus Mines Corporation (Bankr. D. Del.): Liability insurer in confirmation proceedings in talc-related reorganizations.
    • In re AIO US, Inc. (Bankr. D. Del.): Liability insurer in confirmation proceedings in talc-related liquidation.
    • In re Mosaic Companies, LLC (Bankr. D. Del.): Liability insurer in confirmation proceedings in silica-related liquidation.
    • In re Presperse Corporation (Bankr. D.N.J.): Liability insurer in confirmation proceedings in talc-related reorganization.
    • In re W.R. Grace & Co. (Bankr. D. Del.): Future claims representative in confirmation proceedings in asbestos-related reorganization.
    • In re Garlock Sealing Technologies LLC (Bankr. W.D.N.C.): Future claims representative in asbestos claims estimation proceeding.

    Appeals

    • Noteholders in out-of-court restructuring in appeal from order denying Trust Indenture Act claims. See Marblegate Asset Mgmt., LLC v. Educ. Mgmt. Corp., 846 F.3d 1 (2d Cir. 2017).
    • Chapter 11 debtor in appeal from confirmation order. See Ahuja v. Lightsquared Inc., 644 F. App'x 24 (2d Cir. 2016).
    • Collateral agent in appeal concerning proceeds from bankruptcy sale of real estate development. See Wilmington Trust, National Ass'n v. BOH Park Highlands NV, L.P., 636 F. App'x 723 (9th Cir. 2016).
    • State agency in appeal concerning chapter 11 debtor's franchise tax liability. See Buffets, Inc. v. Cal. Franchise Tax Bd., 483 B.R. 433 (D. Del. 2012).