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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 R. Birke is a tough negotiator and sophisticated litigator with significant experience in complex business, commercial and insurance coverage disputes.
Brian has won notable victories at both the trial and appellate levels in high-stakes litigation for wide-ranging clients, demonstrating skill in complex contract disputes, investor protection actions, intellectual property disputes, FINRA arbitrations, employment matters, and defense of wrongful termination, property damage and toxic tort claims.
Formerly a public affairs counselor for multinational corporations and foreign governments, Brian 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 (REIT)—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:
- Former employees of a publicly traded technology company in a multi-million dollar lawsuit involving allegations of breach of non-compete agreements and usurpation of corporate opportunities.
- Founders of an outsourcing waste management start-up in prosecuting breach of contract and misappropriation of trade secret claims against a multinational home retailer.
- A regional power systems manufacturer in a multi-million dollar lawsuit involving construction delay and breach of contract claims arising out of a large-scale public project.
- 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, 2008 and 2009 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 Academic Tutor for Real Property and Exam Skills Workshop.
- Served two years investigating Holocaust survivors’ reparations claims as faculty research assistant.
Professional Affiliations
- Member, Boston Bar Association Task Force on Work-Life Balance.
Community & Civic Activity
- City Year Legal Community Leadership Committee.
- Victory Programs, Inc. volunteer.
- Marblehead Festival of Arts, Finance Committee.
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