Francis J. Burke, Jr. is a partner in Seyfarth Shaw LLP’s Litigation Department, based in Los Angeles. His practice emphasizes complex civil and criminal litigation, and trials including individual, multiparty and class action claims. Prior to joining Seyfarth he served as practice group leader of the Securities Litigation and Enforcement Practice of an international law firm. Mr. Burke also served as an Assistant U.S. Attorney, concentrating on white-collar criminal prosecution.

Securities Litigation & Enforcement & Shareholder Derivative Suits

Mr. Burke has handled matters involving issuers, underwriters, broker-dealers, officers, directors, attorneys, accounting firms, banks, and insurance companies. These matters have included allegations of civil and criminal violations of federal and state securities and racketeering laws, corporate fraud, breach of fiduciary duty, and derivative claims arising from IPOs, secondary trading cases and sales of businesses, often involving failure of internal controls. Several of the cases have included applying accounting and valuation principles to complex financial transactions. One matter included representing 11 broker-dealers in a putative national class action seeking to compel the payment of interest on free credit balance and to enjoin account transfer practices that had been approved by the SEC.

Mr. Burke represents public and private companies seeking to adopt corporate fraud prevention, detection, and compliance programs. He advises clients regarding the requirements for programs that will comply with the revised organizational sentencing guidelines, state fiduciary duty laws, and relevant government enforcement policy directives that impact corporate compliance.

Mr. Burke has also handled litigation and arbitrations arising from failed or underperforming merger and acquisition transactions arising from stock or asset purchase agreements, and claims arising from violations of representations and warranties, material adverse change and material adverse effect clauses, holdbacks, clawbacks and deferred purchase price payments through earnout agreements.

Complex Commercial Litigation

Mr. Burke’s commercial litigation case mix includes diverse allegations including financial and loan disputes, contract litigation breach of fiduciary duty, business torts and fraud. Several of the cases have involved consumer class actions alleging unfair competition or violations of state consumer fraud act claims. Many of the cases have involved business failures which required financial analysis of the causes of the failure and who caused it. These matters have included adversary proceedings in or related to bankruptcy proceedings. He has also pursued and defended SEC receiver claims. Clients have included a bankruptcy trustee, an SEC Receiver, a major petroleum refiner, a major utility, banks and insurance companies, investment banks, mezzanine lenders, sureties, corporations, software companies, service firms, franchisors, and partnerships.

Real Estate Litigation

Mr. Burke’s real estate litigation case mix has included enforcement or defense of real estate agreements or leases and the pursuit or defense of collections on notes, loan agreements, deeds of trust and guaranties relating to real estate loans. Many of the cases have involved real estate valuations, appraisals and feasibility analyses of the real estate projects, which have varied from homebuilder subdivisions, apartments, hotels, shopping malls and office buildings, from straightforward development agreements to general and limited liability partnerships and joint ventures, C and S corporations and limited liability companies. Clients have included banks, insurance companies, investment banks, private equity funds, mezzanine lenders, and sureties.

Professional Malpractice Litigation

Mr. Burke has handled individual, multiparty, and class-action cases and license proceedings alleging accounting and attorney and malpractice arising from auditing work, tax advice, IT consulting, legal advice, and litigation handling.

White-Collar Criminal Defense

Mr. Burke has represented individuals, corporate employees, officers and directors, partnerships, and corporations in federal and state grand jury investigations, agency investigations and trials. He has handled matters involving the Bank Secrecy Act and other money-laundering issues, False Claims Act, export controls, IEEPA, ITAR, securities fraud, mail and wire fraud, tax fraud, criminal antitrust violations, federal and state program fraud, and environmental health and safety violations. 

Internal Investigations & Compliance 

Mr. Burke counsels clients in managing the risks of fraud and in defending corporate interests in investigations initiated by federal and/or state law-enforcement. He has broad experience in conducting due diligence investigations into allegations of misconduct and structuring an investigation in a manner that minimizes the potential liability for the corporation while controlling costs and keeping disruption in the workplace to a minimum.

Mr. Burke also represents clients in a variety of corporate settings concerning officer and director duties and liabilities including internal investigations, responses to shareholder demands and in derivative and shareholder litigation. He knows the latest developments in the law governing corporate fiduciary duties, audit committee membership duties and responsibilities, including audit committee responses to whistleblower hotline complaints and internal audit reports.

Antitrust Investigations & Litigation

Mr. Burke has handled a variety of antitrust cases, including defending government investigations of mergers and acquisitions, grand-jury investigations, CID investigations, class actions, and individual actions that involve allegations of price fixing, unlawful distributorship terminations, group boycotts, other horizontal and vertical restraints, and alleged violations of Clayton Act Section 7 regarding joint ventures or mergers. He also advises clients concerning the antitrust aspects of various transactions, sales arrangements, and licensing arrangements.

Trade Secret and Computer Fraud and Abuse Claims, and Non-Compete Agreements

Mr. Burke has pursued and defended claims of alleged theft of trade secrets and employee raiding and associated claims for breach of confidentiality agreements, breach of fiduciary duty or usurpation of corporate opportunity. Mr. Burke’s e-commerce experience includes the Federal Computer Fraud & Abuse Act, the Electronic Communications Privacy Act, and issues concerning the retention, collection, discovery and admissibility of electronic evidence.

Technology

Mr. Burke has considerable experience involving applying technology to the practice of law, particularly involving computerized trial presentations and graphics systems, electronic discovery, electronic document management and retention, litigation support databases, computerized transcript management, document management, case management, and evidence management.

Speaking and Writing

Mr. Burke frequently speaks on diverse topics, including securities litigation, eDiscovery, retention of electronic documents, electronic and digital evidence, the use of technology pretrial and in trial, trade secrets, corporate internal investigations, securities liability of officers and directors, computer crimes, environmental crimes, developing corporate compliance programs, representing high-tech companies, international litigation, partnering between inside and outside counsel, alternative and value billing, litigation management techniques, using experts, accountant malpractice, and basic trial and deposition skills. He has written and spoken extensively on eDiscovery and has worked with litigation support databases for 30 years, most recently with large e-mail populations.

Francis J. Burke, Jr. is a partner in Seyfarth Shaw LLP’s Litigation Department, based in Los Angeles. His practice emphasizes complex civil and criminal litigation, and trials including individual, multiparty and class action claims. Prior to joining Seyfarth he served as practice group leader of the Securities Litigation and Enforcement Practice of an international law firm. Mr. Burke also served as an Assistant U.S. Attorney, concentrating on white-collar criminal prosecution.

Securities Litigation & Enforcement & Shareholder Derivative Suits

Mr. Burke has handled matters involving issuers, underwriters, broker-dealers, officers, directors, attorneys, accounting firms, banks, and insurance companies. These matters have included allegations of civil and criminal violations of federal and state securities and racketeering laws, corporate fraud, breach of fiduciary duty, and derivative claims arising from IPOs, secondary trading cases and sales of businesses, often involving failure of internal controls. Several of the cases have included applying accounting and valuation principles to complex financial transactions. One matter included representing 11 broker-dealers in a putative national class action seeking to compel the payment of interest on free credit balance and to enjoin account transfer practices that had been approved by the SEC.

Mr. Burke represents public and private companies seeking to adopt corporate fraud prevention, detection, and compliance programs. He advises clients regarding the requirements for programs that will comply with the revised organizational sentencing guidelines, state fiduciary duty laws, and relevant government enforcement policy directives that impact corporate compliance.

Mr. Burke has also handled litigation and arbitrations arising from failed or underperforming merger and acquisition transactions arising from stock or asset purchase agreements, and claims arising from violations of representations and warranties, material adverse change and material adverse effect clauses, holdbacks, clawbacks and deferred purchase price payments through earnout agreements.

Complex Commercial Litigation

Mr. Burke’s commercial litigation case mix includes diverse allegations including financial and loan disputes, contract litigation breach of fiduciary duty, business torts and fraud. Several of the cases have involved consumer class actions alleging unfair competition or violations of state consumer fraud act claims. Many of the cases have involved business failures which required financial analysis of the causes of the failure and who caused it. These matters have included adversary proceedings in or related to bankruptcy proceedings. He has also pursued and defended SEC receiver claims. Clients have included a bankruptcy trustee, an SEC Receiver, a major petroleum refiner, a major utility, banks and insurance companies, investment banks, mezzanine lenders, sureties, corporations, software companies, service firms, franchisors, and partnerships.

Real Estate Litigation

Mr. Burke’s real estate litigation case mix has included enforcement or defense of real estate agreements or leases and the pursuit or defense of collections on notes, loan agreements, deeds of trust and guaranties relating to real estate loans. Many of the cases have involved real estate valuations, appraisals and feasibility analyses of the real estate projects, which have varied from homebuilder subdivisions, apartments, hotels, shopping malls and office buildings, from straightforward development agreements to general and limited liability partnerships and joint ventures, C and S corporations and limited liability companies. Clients have included banks, insurance companies, investment banks, private equity funds, mezzanine lenders, and sureties.

Professional Malpractice Litigation

Mr. Burke has handled individual, multiparty, and class-action cases and license proceedings alleging accounting and attorney and malpractice arising from auditing work, tax advice, IT consulting, legal advice, and litigation handling.

White-Collar Criminal Defense

Mr. Burke has represented individuals, corporate employees, officers and directors, partnerships, and corporations in federal and state grand jury investigations, agency investigations and trials. He has handled matters involving the Bank Secrecy Act and other money-laundering issues, False Claims Act, export controls, IEEPA, ITAR, securities fraud, mail and wire fraud, tax fraud, criminal antitrust violations, federal and state program fraud, and environmental health and safety violations. 

Internal Investigations & Compliance 

Mr. Burke counsels clients in managing the risks of fraud and in defending corporate interests in investigations initiated by federal and/or state law-enforcement. He has broad experience in conducting due diligence investigations into allegations of misconduct and structuring an investigation in a manner that minimizes the potential liability for the corporation while controlling costs and keeping disruption in the workplace to a minimum.

Mr. Burke also represents clients in a variety of corporate settings concerning officer and director duties and liabilities including internal investigations, responses to shareholder demands and in derivative and shareholder litigation. He knows the latest developments in the law governing corporate fiduciary duties, audit committee membership duties and responsibilities, including audit committee responses to whistleblower hotline complaints and internal audit reports.

Antitrust Investigations & Litigation

Mr. Burke has handled a variety of antitrust cases, including defending government investigations of mergers and acquisitions, grand-jury investigations, CID investigations, class actions, and individual actions that involve allegations of price fixing, unlawful distributorship terminations, group boycotts, other horizontal and vertical restraints, and alleged violations of Clayton Act Section 7 regarding joint ventures or mergers. He also advises clients concerning the antitrust aspects of various transactions, sales arrangements, and licensing arrangements.

Trade Secret and Computer Fraud and Abuse Claims, and Non-Compete Agreements

Mr. Burke has pursued and defended claims of alleged theft of trade secrets and employee raiding and associated claims for breach of confidentiality agreements, breach of fiduciary duty or usurpation of corporate opportunity. Mr. Burke’s e-commerce experience includes the Federal Computer Fraud & Abuse Act, the Electronic Communications Privacy Act, and issues concerning the retention, collection, discovery and admissibility of electronic evidence.

Technology

Mr. Burke has considerable experience involving applying technology to the practice of law, particularly involving computerized trial presentations and graphics systems, electronic discovery, electronic document management and retention, litigation support databases, computerized transcript management, document management, case management, and evidence management.

Speaking and Writing

Mr. Burke frequently speaks on diverse topics, including securities litigation, eDiscovery, retention of electronic documents, electronic and digital evidence, the use of technology pretrial and in trial, trade secrets, corporate internal investigations, securities liability of officers and directors, computer crimes, environmental crimes, developing corporate compliance programs, representing high-tech companies, international litigation, partnering between inside and outside counsel, alternative and value billing, litigation management techniques, using experts, accountant malpractice, and basic trial and deposition skills. He has written and spoken extensively on eDiscovery and has worked with litigation support databases for 30 years, most recently with large e-mail populations.