Overview
For over 20 years, Fortune 500 companies and their boards have turned to Brian Burke for legal and strategic advice on regulatory matters relating to Greater China and other regions of Asia. He is fluent in Mandarin and a graduate of the foreign exchange program at Harbin Institute of Technology, one of China's top universities. Brian is individually ranked by Chambers and has been described by clients as “simply outstanding" and a "skillful communicator, including at board level." He is admitted to the bar in the United States and Hong Kong and has spoken internationally on the topics of regulatory and geopolitical issues relevant to doing business in Asia.
In 2014, Brian was the lead advisor to the CEO and Board of GlaxoSmithKline, the global pharmaceutical company, on the criminal bribery case against GSK in China, a matter of first impression that attracted global media attention and led to parallel investigations by US and UK authorities. Brian met with Chinese officials on multiple occasions on behalf of GSK and guided the company to a final resolution, including attending the criminal trial in Changsha. His work for GSK was described as "outstanding" and created a compliance framework for healthcare companies in China that remains in place today. In addition to healthcare, Brian has experience across a broad range of industries, including technology, automotive, manufacturing, consumer goods, financial services, apparel, and others.
In 2017, Brian was retained by Crown Resorts, Australia's largest casino operator, to help the company resolve a criminal investigation into alleged illegal promotion of gambling in China, another case that attracted widespread media and political attention. Brian was instrumental in securing the return home of an Australian citizen and Crown Resorts employee who had been arrested and detained in Shanghai.
In the technology sector, Brian has advised innovators on navigating the geopolitical challenges of doing business in China in the areas of artificial intelligence, semiconductors, EVs, biotech, SaaS, and more. More than just legal advice, Brian provides strategic and practical solutions to help clients accomplish their business objectives with minimal cost and time. He has advised AMD, Gogo, Salesforce, Tableau, Tesla, TSMC and more.
With respect to financial services, Brian regularly advises global investment banks, private equity and venture capital firms on inbound investments in Asia. In 2016, Brian was engaged by McDonald's to advise on the sale of over 2,000 McDonald's restaurants in Greater China to a consortium led by CITIC Capital and Carlyle Group, a deal valued at more than $2.0 billion. McDonald's also retained Brian to advise on the reorganization of its complex franchising arrangements in India. Other clients have included KKR, Goldman Sachs, Morgan Stanley, Citigroup, S&P Global, OMERS, and others.
In addition to courts and international judicial tribunals, Brian has appeared before the US Department of Justice, US Securities and Exchange Commission, UK Serious Fraud Office, Hong Kong Securities and Futures Commission, Hong Kong Independent Commission Against Corruption, and other international regulators.
- New York
- Hong Kong
- US District Court, Southern District of New York
- US District Court, Eastern District of New York
- J.D., Fordham University
- B.A., Middlebury College, cum laude, Mandarin Chinese
Areas of Work
Representative Matters
- Represented multiple US and European multinational companies on internal investigations and compliance matters in China and other Asian jurisdictions.
- Represented a US hedge fund employee in insider trading investigations by the SEC and SFC.
- Advised Crown Resorts on criminal charges against Australian employees in China.
- Represented Olympus Corporation on compliance and investigations matters in Asia.
- Represented multiple China-based companies and individuals in US securities class actions, shareholder derivative litigation and SEC investigations.
- Represented Europe's largest all-cargo airline in multi-jurisdictional antitrust investigations and related civil class actions.
- Won dismissal of shareholder litigation challenging take-private transaction by majority shareholder of Fairfax Financial Holdings.
- Defeated preliminary injunction motion in Delaware Chancery Court brought by shareholders of NBC Universal in connection with recapitalization transaction.
- Won dismissal of multiple antitrust cases against European manufacturer on personal jurisdiction and subject matter jurisdiction grounds.
Speaking Engagements
- What It Takes to Thrive Amid the High-Risk Dynamics of Operating in China: Navigating New Healthcare Anti-Bribery Guidelines and Intensifying Geopolitical Tensions, FCPA & Anti-Corruption for the Life Sciences Industry, American Conference Institute, New York, NY, May 7, 2025
- Steptoe Roundtable on China with Ambassador Craig Allen, Steptoe, New York, NY, April 2, 2025
- Life Sciences in China: Pharma and Medical Device Companies Discuss New Compliance Risks Amid Geopolitical Tensions, American Conference Institute, Online Webinar, March 19, 2025
- The Impact of Exogenous Shocks on China’s Economy, China's Economy: Challenges, Solutions, and Future, Council on Foreign Relations and the Asia Society, New York, NY, March 13, 2025
- Steptoe Roundtable on China with Ken Jarrett: The Road Ahead for US Companies in China, Steptoe, New York, NY, February 13, 2025
News & Publications
Press Releases
Global Investigations Review Names Steptoe a Top 30 International Investigations Firm
November 21, 2023
Events
Seminars & Events
Global Trade and Enforcement Symposium in Hong Kong
June 1, 2023
Speakers: Renato Antonini, Yongqing Bao, Brigida Benitez, Brian G. Burke, Ali Burney, Henry Cao, John Caracappa, Boyd Cloern, Robyn C. Crowther, Brian J. Fleming, Coy Garrison, Zoey Hong, Stanley C. Kuo, Amy J. Lentz, Michelle L. Levin, Patrick F. Linehan, Jamie Lucia, Alexandra Melia, Cáitrín McKiernan, Eva Monard, Darryl Nirenberg, Gwendolyn Prothro Renigar, Angus Rodger, Guy Soussan, David M. Stetson, Grace Wang, Philip R. West, Charles Whiddington, Wendy Wysong, Lin Yang, Bo Yue, Wilson Zhao
Noteworthy
- Chambers Global, Dispute Resolution (International Firms), China (2018, 2021-2025)
Professional Affiliations
- American Bar Association
- Shanghai Bar Association
- China Business Lawyers Association
- Asia Society
- China Institute in America