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Russell T. Burke

Member

  • (T) 803.253.8278
  • (F) 803.727.1417
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Overview

My principal practice is in complex business litigation. I have been with Nexsen Pruet for thirty years - 23 as a partner. My clients include investors, health care providers, and manufacturers involved in antitrust, breach of fiduciary duty, reimbursement, and contract disputes.

For the last twelve years I've worked extensively on class action cases in various industries. Most recently, I was co-lead counsel in In re International Textile Group Merger Litigation. The case was against private equity financier Wilbur Ross and his investment company relating to a merger of two companies that he controlled. We alleged that Mr. Ross and his colleagues on the board violated their fiduciary duties to the company and to the minority shareholders, and that the merger ratio was not fair under Delaware law. We represented both the company in a derivative action and the minority shareholders in a class action. I was in charge of expert discovery concerning business valuations and econometric damages modeling. The issues involved discounted cash flow modeling, the application of real option pricing theory to the sale of a business, and statistical modeling related to stock market prices for a thinly traded public company. Ultimately, the consolidated cases settled the week before trial for $36 million in cash and nearly $300 million in debt forgiveness and cancellation of preferred shares.

More

Education
  • University of Virginia, J.D., 1985
  • University of Virginia, B.A., 1981
Bar Admissions
  • South Carolina
  • US District Court, District of South Carolina
  • U.S. Court of Appeals, Fourth Circuit
  • U.S. Court of Appeals, Ninth Circuit
Civic & Professional Memberships
  • Richland County Bar Association
  • South Carolina Bar
  • South Carolina Defense Trial Attorneys Association
  • Defense Research Institute
  • American Health Lawyers
Recognitions

 

  • Martindale Hubbell Peer Review Rated AV Preeminent
  • Listed in Best Lawyers in America for Bet-the-Company Litigation and Commercial Litigation since 2003
  • Tried and argued leading case in Fourth Circuit on admissibility of treating physicians testimony on causation in toxic tort case
  • American Health Lawyers Association
  • Defense Research Institute, Product Liability Subcommittee
Overview
  • Medication Malpractice: Identifying High Risk Issues /Trends and How to Reduce Your Risks (NHC Healthcare, 1/23/11)
  • "Social Networking Discovery: Get Used To It" - Strictly Speaking (DRI, 9/13/2010)
  • Managing the Beast:  Document Retention in an E-Discovery World (CLE presentation, 10/24/2008)
  • South Carolina Hospital Concerns Associated with the Recovery Audit Contractor Demonstration Project (South Carolina Hospital Association, 4/23/2008)
  • Discovery of Electronically Stored Information (presentation 7/11/2008)
  • Antitrust Compliance for Trade Associations (12/2006)
  • How Reasonable is a “Reasonable Degree of Medical Certainty”? The Use of Treating Physicians as Causation Experts in Products Liability Cases (FDCC CLE presentation, 3/1/2005)
  • Apportionment of Liability (SC Bar CLE presentation, 5/3/2004)
  • Legal and Practical Issues of Electronic Information Disclosure

Outside the office, Russell serves on the Vestry for Church of the Apostles (Anglican Mission in America), enjoys summer vacations in Maine with his wife and their seven children, and tries his hand at coaching and playing basketball.

Russell Burke main bio photo