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Brian M. Burnovski
Counsel

Mr. Burnovski is counsel in Davis Polk’s Litigation Department. He represents clients in a broad range of complex civil litigation, including securities litigation, shareholder derivative suits, acquisition-related litigation, bankruptcy-related matters and complex commercial disputes.  His 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
  • Directors and officers of a major financial institution in:
    • Class and derivative actions and related regulatory matters arising out of several large acquisitions
    • Securities class action relating to disclosures regarding mortgage repurchase claims
    • Various derivative actions relating to foreign exchange practices, LIBOR-related conduct and auction-rate securities market
  • S&P Global Inc. in derivative litigation related to alleged ratings fraud
  • Comcast Corporation and certain affiliates in bankruptcy proceedings and related litigation concerning Comcast SportsNet Houston
  • Board of directors of a large technology firm in derivative action related to acquisition of entity owned by company CEO
  • Morgan Stanley in litigation related to residential mortgage-backed securities
  • Underwriting syndicate in securities litigation arising out of the IPO of HCA Holdings, Inc.
  •  A major financial institution in contract dispute arising out of bond financing for real estate development
  • Heinz and its board of directors in connection with litigation and committee investigation related to acquisition by Berkshire Hathaway Inc. and 3G Capital, Inc.
  • Bahamian real estate developer in contract dispute relating to termination of joint venture
  • Roche Holding AG in its 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

  • Davis Polk since 2006

Contact

  • 450 Lexington Avenue
    New York, NY
    10017
    P: +1 212 450 4666
    F: +1 212 701 5666

Practice Focus

Bar Admissions

  • State of New York
  • U.S. Court of Appeals, Second 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