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In her ten years at White & Case, Heather has been a leader in the firm's Global Competition and Antitrust practice group, an award-winning practice that has been named Competition Group of the Year for the past six years by Law360. She concentrates on complex commercial litigation and counseling in the areas of antitrust, intellectual property, class actions and trade regulation and has extensive trial experience in federal court.
Her work often includes defending international companies in grand jury investigations, civil and criminal investigations and multiple parallel class action, opt-out and State AG lawsuits. Outside of her trial work, Ms. Burke represents clients in connection with government investigations before government regulatory bodies, including the Department of Justice and the Federal Trade Commission, and regularly counsels clients regarding antitrust regulatory hurdles in their mergers and acquisitions.
Ms. Burke has also done extensive pro bono work for women of domestic violence in their divorce and child custody proceedings, and for children seeking asylum in the US after fleeing violence in their home country. Ms. Burke has previously served as the Pro Bono Chair in the Silicon Valley office and has been a leader in the office's Women's Initiative Program.
Successfully obtained an expedited trial four months after the government filed their complaint in United States v. Anthem, Inc. and Cigna Corp., the largest merger ever in the health insurance industry. Ms. Burke helped lead Anthem's defense at trial, including managing more than 120 depositions in six weeks, coordinating all discovery and pre-trial work with the Department of Justice, leading the team's efforts on defending against the Government's novel claims of monopsony, and conducting direct and cross examinations of trial witnesses.
Following trial, an expedited appeal to the D.C. Circuit was filed. The D.C. Circuit granted expedition, reviewed the appeal, heard oral argument and ruled on the merits, all within the span of two and a half months. This was the first time the D.C. Circuit has ever granted and heard an expedited appeal of a merger matter in such a compressed time frame, paving the way for more merger review in this appellate court. After receiving a split in the D.C. Circuit and a highly favorable dissent, Anthem filed a petition for a writ of certiorari to the Supreme Court only one week later.
Successfully defended Toshiba in civil cases involving allegations of price-fixing of LCD panels. After a six-week trial during the summer of 2013 where the Plaintiff alleged damages of over $2 billion, the jury unanimously found no liability against Toshiba. In an earlier six-week trial during the summer of 2012, the jury found no recoverable damages against Toshiba after the Plaintiffs alleged class-wide damages of nearly $3 billion. The case was named the 2012 "Litigation of the Year" by Global Competition Review, and was recognized by the Financial Times in its US Innovative Lawyers 2012 special report.
Secured a jury verdict in favor of Experian Information Solutions, Inc. in Fair Isaac Corporation v. Equifax, et. al., an action brought by FICO, the dominant provider of consumer credit risk scoring services, against the three major U.S. credit bureaus alleging trademark infringement and unfair competition in the sale of credit scoring services. The jury also found in favor of Experian on its counterclaim that FICO committed fraud on the U. S. Patent and Trademark Office in procuring registration of the trademark in suit.
Represented Experian Information Solutions, Inc. and obtained dismissal of all federal and state antitrust and false advertising claims on summary judgment in an action brought by FICO against the three major U.S. credit reporting agencies and their joint venture, VantageScore.
Successfully defended leading pharmaceutical company in preliminary injunction proceedings challenging FDA approval of a complex drug.