Michael Patrick Burke, Esq.
520 White Plains Road, Suite 500
Tarrytown, New York 10591
Appellate Practice/ Creditors’ Rights: Mike represented investors who sought to collect a multi-million-dollar judgment against their stockbroker. In one case, Mike filed an action in New York Supreme Court seeking to set aside the broker’s conveyance condominium valued over a million dollars to her son. The Supreme Court granted summary judgment in favor of the investors and set aside the transfer as a fraudulent conveyance. The broker and her son appealed. Mike briefed and argued the appeal in which the Appellate Division issued a 22-page unanimous decision and order affirming the Supreme Court’s judgment. The condominium was later sold at a sheriff’s auction for $1 million.
Appellate Practice/Arbitration: Mike also represented the family in initially defending the judgment confirming the arbitration award on appeal. Mike was on the respondents’ brief in the Appellate Division, which upheld the Supreme Court’s multi-million-dollar judgment against the broker in a widely-cited decision on arbitrator powers.
Appellate Practice/Investor Rights: Mike represented a financial guarantor of hundreds of millions of dollars in bonds in a lawsuit against an investment manager, alleging breach of fiduciary duty, gross negligence and breach of contract arising from the investment manager’s undiversified investment of the underlying portfolios in subprime and Alt-A mortgage-backed securities. Mike was on the Court of Appeals Brief asserting the prevailing argument that New York’s Martin Act securities law does not preempt common-law claims.
Appellate Practice/Investor Rights: Mike defended several firms and individuals in fraudulent transfer cases arising out of Bernie Madoff’s massive Ponzi scheme. These cases included several offshore “feeder” funds of hedge funds and an investment firm and its principals against the Madoff Trustee. In the latter proceeding, Mike led the case through withdrawal of the bankruptcy reference, motions to dismiss and on appeal to the Second Circuit.
Breach of Contract/Federal Practice: Mike represented a debtor affiliate in litigation relating to a large real-estate holding, which was purchased by in 2007 for approximately $22 billion.
Breach of Contract/Federal Practice: Mike represented a debtor affiliate in a lawsuit for breach of an approximately $1.3 billion contract related to an office building portfolio in Virginia.
Arbitration/Investor Rights: Mike Represented a venture capital company in a dispute with the managing member of a fund to which it committed approximately $90 million. The dispute gave rise to two arbitrations and special proceedings in New York Supreme Court and the Delaware Court of Chancery, including arbitration before the American Arbitration Association. The company also commenced a separate arbitration to remove the manager based on claims of fraud, bad faith and gross negligence. The company obtained a temporary restraining order in New York Supreme Court enjoining $143 million in capital calls.
Class Action Defense: Mike Represented a large bank as a defendant in a purported class action litigation seeking hundreds of millions in damages against several defendants for numerous alleged wrongdoings that purportedly prevented plaintiffs from redeeming bonds issued by Germany for the funding of war reparations.
Appellate Practice/Surrogate’s Court Practice: Mike represented several beneficiaries of a wealthy decedent in both the Surrogate’s court and in the Court of Appeals.
Products Liability/Personal Injury: Mike represented the manufacturer of a home stair lift in defense of a products liability case arising out of an alleged injury on a stair lift.
Trial Practice/Personal Injury Defense: Mike represented a city at trial against a personal injury claim arising out of a correction officer’s alleged fall on a construction site at a jail.
Trial Practice/Personal Injury Defense: Mike represented a city and school district at trial against a personal injury claim arising out of a teacher’s alleged fall on a classroom-trailer ramp.
Trial Practice/Personal Injury Defense: Mike represented a city and two police officers at trial against a personal injury claim alleging assault, battery false arrest, false imprisonment and malicious prosecution.
Contract Disputes: Mike represented a church in its lawsuit against an organ repair service alleging breach of contract.
Insurance Coverage Disputes: Mike represented a bankruptcy trustee in a breach of contract action against an insurance company that denied coverage for lawsuits against the trustee.
Intellectual Property/Trial Practice: Mike represented a well-known handbag company in defense of two trademark cases brought by another handbag company. One case went to trial on a motion for a preliminary injunction.
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