Brian Burke
US lawyer, Hong Kong solicitor, board advisor on special situations.
SNAPSHOT
- Attorney admitted in New York and Hong Kong.
- Former partner at two global law firms; over twenty years in active practice.
- Former General Counsel of GSK China during parallel criminal bribery investigations by Chinese, UK and US authorities.
- Fluent in Mandarin Chinese (spoken and written).
- Published author and frequent speaker in the US, Europe and Asia.
Global organizations rely on Brian Burke when the stakes are high, when a sensitive matter calls for not only skilled legal advice, but 360 degrees of strategic judgment.
Background
About Brian Burke
Brian Burke
US lawyer, Hong Kong solicitor, board advisor on special situations.
Brian Burke is a US lawyer and Hong Kong solicitor with more than twenty years of experience advising global organizations on their most sensitive legal and strategic challenges. He is admitted to practice in New York and Hong Kong, and is fluent in Mandarin Chinese.
Brian has served as a partner at two leading global law firms and as General Counsel of GSK China, where he guided the company through parallel criminal bribery investigations by Chinese, US and UK authorities. He now advises corporations, boards and senior executives as an independent counsel, bringing a rare combination of courtroom experience, investigative depth and cross-cultural judgment.
His practice spans government and regulatory enforcement, internal investigations, cross-border risk advisory and US-China strategic counsel. He is equally at home in a boardroom, a courtroom or a government negotiation, and is known for providing clear, decisive guidance under pressure.
Credentials & Background
Attorney admitted in New York and Hong Kong; over twenty years in active practice.
Former partner at two global law firms.
Former General Counsel of GSK China during parallel criminal bribery investigations by Chinese, UK and US authorities.
Fluent in Mandarin Chinese (spoken and written); first studied in China in the 1990s.
Published author and frequent speaker in the US, Europe and Asia.
Approach
Global organizations rely on Brian when the stakes are high and a sensitive matter calls for not only skilled legal advice, but 360 degrees of strategic judgment. He brings a practitioner's instinct for risk, a litigator's command of facts and a strategist's understanding of how legal decisions intersect with business, reputation and geopolitics.
Practice Areas
01
Government & Regulatory Enforcement
Representation before the Department of Justice, Securities and Exchange Commission and other US and foreign authorities, from the first inquiry through resolution.
02
Internal Investigations
End-to-end internal investigations relating to alleged misconduct, conducted under attorney-client privilege and designed to withstand regulatory, auditor and market scrutiny. Offered with efficient scoping and predictable flat-fee billing.
03
Cross-Border Counseling & Risk Advisory
Expert guidance on enterprise risks arising from global operations, including supply chain integrity, export controls, economic sanctions, corruption and third-party due diligence and risk management.
04
US-China Advisory
Practical and strategic advice on navigating commercial, regulatory and reputational risks at the intersection of the world's two largest economies, supported by cultural and linguistic fluency in both markets.
05
Dispute Resolution
Full-service representation in complex litigation, arbitration and mediation, focused on resolving disputes efficiently and favorably.
06
Crisis Prevention & Management
Strategic counsel to company leadership on sensitive and fast-moving matters that carry potential legal, commercial and reputational consequences.
Distinctive Expertise
Greater China & US-China Advisory
Among Brian's capabilities, his command of Greater China is the most distinctive. Having first studied in China in the 1990s, he is fluent in Mandarin and admitted to practice law in both New York and Hong Kong.
He has conducted investigations and resolved sensitive regulatory matters throughout Greater China. He regularly advises companies on the legal and strategic dimensions of US-China relations: sanctions, export controls, national security and the geopolitical pressures that increasingly bear on corporate decisions.
Sectors
Brian has advised clients across a broad range of industries, equally at home with public companies, private enterprises and their boards, including the following:
Automotive
Aviation
Consumer Goods
Energy
Financial Services
Food & Beverage
Life Sciences & Biotech
Manufacturing
Retail
Technology
Track Record
Representative Experience
Special Situations & GC Advisory
- Appointed as China General Counsel for one of the world's largest pharmaceutical companies to help resolve a wide-ranging criminal bribery investigation, reporting to the chief executive and board; guided the company to resolutions with Chinese, US and UK authorities.
- Retained by Australia's largest casino operator to advise on criminal charges against employees in China; instrumental in securing the return of a detained Australian citizen.
- Advised a Chinese social media company on governance, shareholder structure and data privacy considerations to mitigate geopolitical and national security risks.
- Led dozens of internal investigations for global clients involving alleged conduct in China, including bribery, corruption, fraud, embezzlement, exfiltration, IP infringement, and other misconduct.
- Represented a US-listed technology company on parallel government investigations on four continents, involving alleged conduct in Brazil, India, South Korea, China, US and Netherlands.
- Represented a US-listed biotech company in a criminal investigation by the Department of Justice into alleged manipulation of clinical trial data.
- Represented a US hedge fund employee in parallel insider trading investigations by the SEC and the Hong Kong Securities and Futures Commission.
Regulatory, Antitrust & Trade Compliance
- Obtained FCPA declinations from the DOJ, SEC and UK Serious Fraud Office in investigations into alleged bribery in Brazil, India, South Korea and China.
- Obtained an FCPA declination from the DOJ on behalf of a US-listed medical device manufacturer with respect to alleged conduct by employees and distributors in India.
- Represented a US-listed technology company on investigations by the DOJ and SEC into alleged securities fraud and data protection breaches.
- Advised a European automotive manufacturer in investigations by US Bureau of Industry and Security and Customs and Border Protection concerning potential violations of the Uyghur Forced Labor Prevention Act.
- Advised a Japanese medical device manufacturer on internal and regulatory investigations concerning alleged bribery by intermediaries.
- Conducted multiple regulatory and internal investigations concerning alleged conduct in India and Southeast Asia.
- Defended Europe's largest all-cargo airline in multi-jurisdictional antitrust investigations and the related civil class-action litigation.
- Won dismissal of multiple antitrust cases against a European manufacturer on personal jurisdiction and subject matter jurisdiction grounds.
- Performed independent compliance due diligence for M&A transactions totaling over $50B in value, including the $2B+ sale of McDonald's restaurants in Greater China.
- Represented a Japanese multinational corporation on compliance and investigations matters across Asia.
Litigation, Disputes & Intellectual Property
- Defended more than forty US-listed companies in securities class actions arising from short-seller campaigns, obtaining dismissal or favorable settlement in every matter before merits discovery.
- Obtained dismissal with prejudice on behalf of a US-listed infotech company in a class action alleging securities fraud, discrimination and retaliation under federal and state law.
- Defended a US-listed global manufacturer against trade secret and patent infringement claims in both the United States and China, obtaining dismissal of all claims and assignment of the disputed intellectual property to the client.
- Obtained dismissal with prejudice on behalf of a UK consumer products company and its board members in an action alleging breach of fiduciary duties.
- Secured dismissal with prejudice on behalf of a German corporation on personal jurisdiction grounds.
- Defeated a preliminary injunction in the Delaware Court of Chancery and won dismissal of related shareholder litigation challenging a take-private transaction by a majority shareholder.
- Defeated a preliminary injunction motion in the Delaware Court of Chancery brought by shareholders of a major US media and entertainment company in connection with a recapitalization transaction.
- Represented multiple China-based companies and individuals in US securities class actions, shareholder derivative litigation and SEC investigations.
- Secured pre-litigation, non-monetary resolution of potential state and federal claims on behalf of a US technology company, avoiding all economic and reputational consequences to the client.
- Successfully negotiated global settlements worth billions of dollars with adversaries, insurance carriers and co-parties in complex, cross-border litigation across a range of substantive areas of law.
Inquiries
Contact
To discuss a potential engagement, please reach out directly. All communications are protected by attorney-client privilege.