Brian A. Burns
Brian Burns is a seasoned commercial litigator. He regularly appears in New York federal court and the New York State Court Commercial Division, and has also litigated cases in the Delaware Court of Chancery, as well as in federal courts across the United States. His clients are mainly banks and hedge funds, including Credit Suisse, Deutsche Bank, and Angelo Gordon & Co. Mr. Burns is fluent in Spanish and represents clients from Spain and Latin America, including Telefónica and Telconet. His recent cases include disputes about commercial mortgage-backed securities (“put-back cases”), tax shelters, undersea fiber optic networks, and international commodity financing agreements.
Mr. Burns has an active arbitration practice. He has tried cases before panels appointed by FINRA, the AAA, and the International Centre for Dispute Resolution. In his recent arbitration hearings, Mr. Burns successfully defended his clients against claims relating to synthetic auction rate securities and premium-financed life insurance. Mr. Burns also was part of a trial team that successfully represented a client through a 37-day arbitration hearing with claims totaling $7.65 billion, which at the time was the highest dollar value in any AAA arbitration.
In addition to billing clients by the hour, Mr. Burns will represent clients through alternative fee arrangements supported by an independent litigation financier. Under these arrangements, D&S and the financier will agree to fund a portion (or even all) of the litigation cost in return for an agreed-upon portion of the proceeds. The client is responsible for paying fees only if the case is successful. This allows the client to reduce or eliminate a major litigation risk - the risk of an unsuccessful case.
Mr. Burns previously practiced law at Winston & Strawn and LeBoeuf Lamb Greene & MacRae.
He is admitted to practice in New York.
Super Lawyers: New York Metro: 2013-2017