Mr. Burke is a member of Davis Polk & Wardwell’s Litigation Department in New York and Menlo Park, California. He has represented clients in a variety of antitrust, securities, corporate governance and general litigation matters. As part of his antitrust practice, Mr. Burke advises clients on the competition law aspects of mergers and acquisitions and represents clients in investigations of mergers undertaken by federal antitrust authorities pursuant to the Hart-Scott-Rodino Act.

Recent litigation representations include:

• Oracle Corporation in a 2007 lawsuit in Santa Clara Superior Court seeking to block its $500 million acquisition of Agile Software; the court denied the plaintiffs’ motion for a preliminary injunction and the case was dismissed with prejudice.
• Oracle Corporation in litigation arising out of its unsolicited tender offer for PeopleSoft, including a two-week trial in Delaware Chancery Court; Oracle acquired PeopleSoft in January 2005.
• Comcast in two separate federal antitrust suits brought in 2006 by purported “independent” cable programmers seeking to compel carriage by Comcast; the district courts in both cases dismissed the claims.
• Comcast in an ongoing antitrust suit in Los Angeles federal court challenging the alleged practice of selling cable channels in “bundled tiers.”
• Quality Systems, Inc. in a suit brought in Orange County Superior Court by a dissident shareholder challenging the results of a contested board election; the Court ruled for Quality Systems after a bench trial.
• Various companies and individuals in criminal grand jury investigations and private civil antitrust litigations alleging price-fixing conspiracies among competitors.

Recent M&A-related antitrust representations include:

• Comcast Corporation, the nation’s largest cable company, in DOJ and FTC second request investigations of a number of successful acquisitions, including its $18 billion joint acquisition (with Time Warner) of Adelphia Communications (2005-06) and its $52 billion acquisition of AT&T’s cable and broadband business (2001-02).
• SLM Corp. (“Sallie Mae”), the largest student lender in the U.S., in a DOJ investigation of its $25 billion acquisition by a consortium of private equity and strategic buyers; the transaction was approved without conditions (2007).
• KLA-Tencor, a manufacturer of semiconductor test equipment, in a DOJ investigation and related German Federal Cartel Office “Phase II” investigations of its acquisition of ADE Corp. and Therma-Wave; the DOJ and FCO approved the transactions without conditions (2006-07).
• McDATA Corporation, a manufacturer of switches and related equipment for storage area networks, in an FTC second request investigation of its $700 million acquisitions by Brocade; the FTC approved the deal without conditions (2006-07).
• Argosy Gaming, a riverboat casino operator, in an FTC second request investigation of its $2.2 billion acquisition by Penn National Gaming; the transaction was approved with the divestiture of one casino (2005).
• TheraSense, a diabetes equipment company, in an FTC investigation of its $1.3 billion merger with Abbott Laboratories (2004).

Mr. Burke has also provided antitrust advice in connection with the formation of joint ventures and standard-setting organizations and consortia.

He joined Davis Polk in 1993 and became a partner in 2000.

Mr. Burke graduated from the Wharton School of the University of Pennsylvania in 1989 and in 1992 received his J.D., magna cum laude, from the University of Michigan Law School, where he was an editor of the law review. He clerked for the Honorable Douglas H. Ginsburg of the U.S. Court of Appeals, D.C. Circuit, from 1992 to 1993. He is admitted to the bars of California and New York.

Mr. Burke is a member of the American Bar Association’s Section of Antitrust Law and is a vice-chair of the Antitrust Section’s Intellectual Property Committee. He has also served as a member of the Antitrust Committee and Mergers Subcommittee of the New York City Bar Association. He has contributed to the Antitrust Section’s Antitrust Law Developments publications and to its Antitrust Law Journal and was co-editor of the Section’s Handbook on the Antitrust Aspects of Standard Setting (2004). He has also been a speaker at numerous antitrust seminars and conferences.