James Burke

Of Counsel

Washington, D.C.

James is a versatile and well-rounded litigator whose engagements generally focus on disputes in the financial and energy markets.  James has particular experience with insolvency-related litigation, having spent a substantial portion of his career attached to Restructuring groups.  James currently is part of an Orrick team assisting a bank sponsor of residential mortgage-backed securities with a portfolio of securities law and contract actions.

    Trial Level

    • Bank sponsor of residential mortgage-backed securities defending against securities actions under the Massachusetts Uniform Securities Act and the New Jersey Uniform Securities Law.
    • Investor in foreign feeder fund defending against fraudulent transfer claim by trustee of liquidating securities broker. 
    • Owner-lessors under structured lease transactions as plaintiffs asserting fraudulent transfer and tort claims against corporate affiliates of leasees.
    • Noteholders of bankrupt oil and gas companies in dispute regarding net asset valuation.
    • Former customer of liquidating commodity broker in dispute concerning the treatment of letter of credit posted as trading margin.
    • Swap participants in disputes with counterparties concerning calculation of settlement amounts due for terminated trades.
    • Future claims representatives in asbestos mass tort bankruptcies.
    • State agency in dispute concerning franchise tax liability of bankrupt restaurant enterprise.

    Appellate Level

    • Noteholders of oil and gas company asserting entitlement to makewhole premium and interest under chapter 11 plan.
    • Exchanging noteholders defending against challenge to out-of-court restructuring based on federal Trust Indenture Act.
    • Telecommunications companies as reorganized debtors in appeal from order confirming chapter 11 plan.
    • Agent for secured lender group in dispute regarding entitlement to proceeds from bankruptcy sale of real estate development. 

    Pro Bono

    • Foreign domestic worker in employment dispute.
    • Widower in administrative proceeding to adjudicate Social Security claim for same-sex survivor's benefits.
    • Musician in First Amendment challenge to city noise ordinance.
    • Criminal defendant in appeal from habeas corpus proceeding.