Kevin J. Burke

PARTNER

Kevin has successfully litigated high-visibility matters for leading companies (and their officers and directors) in federal and state trial and appellate courts (and other tribunals) throughout the country. He has practiced in numerous fields including insurance, investment banking, manufacturing, public utilities, shipping, oil and gas exploration and production, and media and entertainment. His litigation practice is extremely varied, with a diverse mix of successes in cases concerning antitrust and trade regulation, securities and derivatives, product liability (including asbestos), professional liability, construction, contracts, bankruptcy and creditor’s rights, and intellectual property.

Kevin has represented corporations in connection with complex multi-district litigation in the securities and antitrust fields and has advised corporate boards of directors concerning their fiduciary duties in insolvency, zone of insolvency and M & A contexts. He has conducted internal corporate misconduct investigations involving high-level officers' self-dealing and financial fraud. He has served pro bono as a special counsel for the disciplinary committee of the United States District Court for the Southern District of New York.

• Defended a major pharmaceuticals company in a suit arising from allegations of violating U.S. antitrust laws so as to bar generic drug manufacturers from market entry.
• Successfully defended Public Service Company of New Hampshire in fraud and breach of contract trial arising out of the construction of the Seabrook Nuclear Power Station. More than $2 billion in claims were disallowed in their entirety in the PSNH bankruptcy.
• Obtained summary judgment in excess of $9 million for an aircraft lessor against an international airline just five months after the initial notice of default.
• Represented Sony Music in price fixing suits brought in state and federal courts against Sony Music (and other music companies) by retailers, consumers and various governmental entities.
• Obtained favorable settlement on behalf of a biotechnology company in a suit arising from infringement of its patents.
• Represented a corporation in connection with the investigation, and ultimate prosecution, of a subsidiary's chief financial officer involving false financial statements and theft; liaised with the FBI and the U.S. Attorney's office.
• Defended a leading industrial manufacturer in product liability class actions arising from property damage claims concerning asbestos-containing fireproofing of buildings.
• Successfully defended metals manufacturer in several personal injury actions arising from exposure to cadmium fumes used in welding materials.

Kevin represents debtors, creditors and committees in bankruptcy matters and proceedings around the country. Major committee engagements include the Official Committees of Retirees in the Pan Am and Federated Department Stores bankruptcies and the unofficial Committee of Noteholders in the prearranged UPC Polska bankruptcy. Creditor engagements have included representations in the Delphi Corporation, Adelphia Communications Corp., Columbia Gas Co., El Paso Electric Co. and Cenargo Corporation bankruptcies. Kevin also represented a leading energy company that was a significant creditor in the Enron bankruptcy.

Kevin has also had extensive experience in the area of equipment leasing disputes, representing lessors primarily in connection with liquidated damages and return condition litigation and pre-litigation negotiation. Most of those matters have involved aircraft leasing, Kevin has also litigated on behalf of lessors in connection with leased equipment as varied as coal mining conveyors and cargo ships.

Kevin also advises investment and commercial banks in bankruptcy and creditors' rights areas in connection with transactions, and also with review and assessment of exposures faced by companies seeking financing or issuing public securities.

Kevin is a member of The American Bankruptcy Institute, The Bankruptcy Committee of the NY State Bar Association, and the NY County Lawyers' Association.

Kevin became a partner in 1989.