Brian M. Burnovski
  1. Partner

Mr. Burnovski is a partner in Davis Polk’s Litigation Department in New York. He represents clients in a broad range of complex civil litigation in state and federal court, including securities litigation, mergers and acquisition-related litigation, complex commercial disputes and shareholder derivative litigation. He also represents companies and boards of directors in internal investigations, as well as in investigations and other proceedings before various governmental authorities, including the SEC, DOJ, Federal Reserve Board and FINRA.

Work Highlights

Civil Litigation
  • The Williams Companies in expedited litigation in Delaware Chancery Court challenging adoption of shareholder rights plan
  • Livent Corporation in parallel securities class actions in state and federal court arising out of its IPO
  • Uniti Group and certain of its officers and directors in securities actions related to company spinoff and master lease arrangement
  • A healthcare bundled payment convener in a commercial dispute concerning breach of contract and trade secret misappropriation claims
  • Directors of a life sciences company in shareholder derivative litigation in federal and state court in Georgia and Florida and related committee investigation
  • Comcast Corporation and certain affiliates in bankruptcy proceedings and related litigation in Texas state court concerning Comcast SportsNet Houston
  • A leading high-performance lithium technology manufacturer in an ICC arbitration relating to alleged breaches of a multi-year lithium carbonate supply agreement
  • Directors and officers of a major financial institution in:

    • Class and derivative actions in New York federal court and related regulatory matters arising out of several large acquisitions
    • Securities class action in New York federal court relating to disclosures regarding mortgage repurchase claims
    • Various derivative actions in New York and Delaware state court relating to foreign exchange practices, LIBOR-related conduct and auction-rate securities market
  • A ratings agency in derivative litigation in New York state court related to alleged ratings fraud
  • Board of directors of a large technology firm in derivative action in Delaware Chancery Court related to acquisition of entity owned by company CEO
  • Morgan Stanley in litigation related to residential mortgage-backed securities
  • Underwriting syndicate in securities litigation in Tennessee federal court arising out of the IPO of HCA Holdings, Inc.
  • A major financial institution in contract dispute in Florida state court arising out of bond financing for real estate development
  • Heinz and its board of directors in connection with litigation in Pennsylvania state court and committee investigation related to acquisition by Berkshire Hathaway Inc. and 3G Capital, Inc.
  • Bahamian real estate developer in contract dispute in New York state court relating to termination of joint venture
  • Roche Holding AG in litigation in Delaware Chancery Court and Arizona federal court in connection with acquisition of Ventana Medical Systems, Inc.
Regulatory Matters and Investigations
  • U.S. Broker-Dealer in investigations by FINRA and Department of Labor
  • International bank in internal investigation and regulatory matters relating to payment transparency
  • Large multinational pharmaceutical corporation in internal investigation related to whistleblower allegations
  • Big four accounting firm in connection with investigations by SEC into options backdating
  • Facility management company in internal investigation related to alleged nepotism
  • Large coal producer in investigation by Congressional committee into safety practices
  • American Italian Pasta Corporation in connection with SEC investigation into alleged accounting fraud and related securities class and derivative actions

Professional History

  • Partner, 2020-present
  • Counsel, 2016-2020
  • Associate, 2006-2016

Practice Focus

Bar Admissions

  • State of New York
  • U.S. Court of Appeals, Second Circuit
  • U.S. Court of Appeals, Third Circuit
  • U.S. District Court, Colorado
  • U.S. District Court, E.D. New York
  • U.S. District Court, S.D. New York

Education

  • B.A., Psychology, Yale University, 2000
  • J.D., New York University School of Law, 2006
    • magna cum laude
    • Order of the Coif
    • Butler Scholar
    • Notes Editor, New York University Law Review