James Burke

Of Counsel

Washington, D.C.

James is a versatile litigator whose engagements commonly involve disputes in the financial and energy markets.  James began his career as a restructuring attorney and focuses particularly on restructuring and insolvency-related litigation.  James also has years of experience representing mortgage-backed securities sponsors and servicers in residential mortgage-related litigation.

  • Restructuring/Insolvency Litigation

    • Mitel Uptier Litigation (N.Y. Sup. Ct.): Administrative agent under credit agreements defending against contract and tort claims related to uptier transaction.
    • 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.
    • Education Management Corp. Restructuring Litigation (S.D.N.Y.): Noteholders in out-of-court restructuring defending against Trust Indenture Act claims. See Marblegate Asset Mgmt., LLC v. Educ. Mgmt. Corp., 846 F.3d 1 (2d Cir. 2017).
    • In re LightSquared Inc. (Bankr. S.D.N.Y.): Telecommunications company in confirmation trial and appeal. See Ahuja v. Lightsquared Inc., 644 F. App'x 24 (2d Cir. 2016).
    • In re MF Global Inc. (Bankr. S.D.N.Y.): Former 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.
    • Securities Investor Protection Corp. 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 PhaseBio Pharmaceuticals Inc. (Bankr. D. Del.): Pharmaceutical development company defending against debt-to-equity recharacterization claims.
    • In re November 2005 Land Investors, LLC (Bankr. D. Nev.): Agent for secured lenders in dispute over 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).
    • In re Buffets Holdings, Inc. (Bankr. D. Del.): State agency in dispute concerning franchise tax liability. See Buffets, Inc. v. Cal. Franchise Tax Bd., 483 B.R. 433 (D. Del. 2012). 
    • 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.
    • In re Garlock Sealing Technologies LLC (Bankr. W.D.N.C.): Future claims representative in asbestos mass tort bankruptcy.
    • In re W.R. Grace & Co. (Bankr. D. Del.): Future claims representative in asbestos mass tort bankruptcy.

    Mortgage Litigation

    • Bank sponsor of residential mortgage-backed securities defending against securities law and contractual repurchase actions.
    • Loan servicer and seller in contract dispute concerning mortgage loan sale and servicing agreement.
    • Loan servicer in trust instruction proceeding concerning cleanup calls for of residential mortgage-backed securities trusts.

    Other Complex Litigation

    • Mobile sports betting operator defending against putative class actions.
    • Private equity owner of SPAC acquisition target in dispute with financial advisor over engagement fee.
    • Renewable energy company in construction arbitration against windfarm project owner.
    • State challenging arbitration award concerning non-participating manufacturer adjustments to annual payments under tobacco Master Settlement Agreement.