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Boston MA 02110-2210
TEL: 617.482.0600
FAX: 617.482.0604
Practice Areas
Clerkships
- Legal intern for Massachusetts Appeals Court Justice Susan Beck
- Legal clerk, Appellate Division in the United States Attorney’s Office in Washington, D.C.
- Legal clerk, Boston University’s General Counsel’s Office
- Intern, the Honorable Henry Gemma of the Rhode Island Superior Court
Education
- Northeastern University (J.D., 2001)
- University of Rhode Island (B.A., 1995)
Bar & Court Admissions
- Commonwealth of Massachusetts
- United States District Court for the District of Massachusetts
- United States Court of Appeals for the First Circuit
Brian Birke is a litigator with particular expertise in complex commercial disputes, business torts, and unfair trade practices claims. Brian's experience involves the representation of a diverse range of clients in a variety of industries, including REITs; sporting goods, plastics, and medical device manufacturers and retailers; real estate developers; venture capitalists; securities transfer agents; licensees and licensors; and insurance companies.
Brian has won notable victories at both the trial and appellate levels, demonstrating innovation and efficiency in disputes involving intellectual property, with a particular focus on trade secret litigation; fiduciary claims; investor protection and activist shareholders; antitrust and unfair and deceptive trade practices; product liability; toxic torts; consumer finance; wrongful termination; and unfair and bad faith settlement practices. Brian routinely advises clients on risk management and mitigation.
Formerly a public affairs counselor for multinational corporations and foreign governments, Brian also provides clients with proven expertise at executive counseling and crisis and issue management, communications strategies that save clients time, money, and goodwill.
Significant Matters
- Won summary judgment against breach-of-contract claims in the sale of an international sporting goods manufacturer, a case that involved complex intellectual-property transfer and creditor’s rights issues.
- Successfully defended a Real Estate Investment Trust — including appeals at all levels— in a multimillion dollar leaseback and property exchange dispute.
- Defended and secured summary judgment for a venture capital group in a large shareholder protection action involving novel stock pricing, fiduciary duty, and close corporation status issues.
- Successfully prosecuted wrongful termination and breach-of-contract claims before a Financial Industry Regulatory Authority (FINRA) arbitration panel.
- Successfully affirmed on appeal summary judgment in favor of insurer regarding an issue of first impression concerning coverage of pollution remediation costs under a liability insurance policy's modified pollution exclusion, and related claims of bad faith practices.
Brian currently represents, among others:
- Foreclosing lenders and law firms in defense of class claims asserting wrongful foreclosure and violations of the Fair Debt Collection Practices Act and state consumer protection statutes.
- Plastics manufacturer in various antitrust and trade secret misappropriation claims involving alleged multi-million dollar damages and use and production injunctions in state and federal courts.
- International hedge fund and investment advisor regarding various allegations of fiduciary breaches and investor protection actions.
- International defense contractor in various toxic tort actions alleging radioactive contamination and improper processing and remediation.
- Real estate developer in contract and misrepresentation claims alleging multi-million dollar damages in sale of commercial property resulting from disclosures of environmental conditions.
- A number of insurance companies against bad faith claims regarding various coverage positions and claims practices.
Honors & Distinctions
- Named a Massachusetts Rising Star in 2007- 2011 by the publishers of SuperLawyers and Boston Magazine, recognizing him as an outstanding young attorney in the Boston legal community.
- Selected by Northeastern University School of Law faculty as an Academic Tutor.
Community & Civic Activity
- City Year Legal Community Leadership Committee.
- Victory Programs, Inc.
- Marblehead Festival of Arts, Finance Committee.
News
- AP&S Appoints Michael C. Gilleran and Jonathan M. Sachs to Shareholder & Brian R. Birke and Rory Z. Fazendeiro to Counsel
- 22 AP&S Attorneys Named to New England Super Lawyers 2011
- 30 AP&S Attorneys Named to New England Super Lawyers 2009
- AP&S Attorneys Named Massachusetts "Rising Stars"
Publications & Seminars
- Contributing author, 3rd edition of Brownfields: A Comprehensive Guide to Redeveloping Contaminated Property , American Bar Association.
