James Burke

Senior Litigation Career Associate

Washington, D.C.

James is a trial and appellate litigator with more than a decade of experience resolving commercial disputes relating to financial, restructuring, and securities transactions.  James also assists an Orrick litigation team that is defending a bank sponsor of residential mortgage-backed securities with project management for a portfolio of securities fraud and contract actions.

    Trial Level

    • Owner-lessors under structured lease transactions 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.
    • 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

    • 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.