Tom Burke represents clients in consumer financial services matters, enforcement actions, and complex commercial litigation in federal and state trial and appellate courts around the country. Tom is an honors graduate of Harvard Law School, a member of Phi Beta Kappa, and has served the public as a prosecutor in the Manhattan District Attorney’s Office.
In his CFS practice, Tom represents banks, non-bank lenders, and loan servicers in individual and class litigation and arbitration. He specializes in defending claims under the Consumer Financial Protection Act (CFPA), state Unfair, Deceptive, or Abusive Acts or Practices (UDAAP) statutes, and Article 4A of the Uniform Commercial Code (relating to wire transfer fraud). Tom has litigated, arbitrated, and tried complex cases in civil forums around the country, including in highly active regulatory jurisdictions such as New York, California, and Massachusetts.
Experience
Representative Matters
- Defended one of the world’s leading vaccine manufacturers in a 10-day ICC arbitration before a three-judge panel in Wilmington, DE. The panel overwhelmingly rejected plaintiff’s 9-figure damages claim.
- Selected as lead trial lawyer by a large national bank for national portfolio of wire-transfer fraud disputes.
- Advised student loan servicers on potential challenges to the Biden Administration’s student loan forgiveness plan. Ballard accurately predicted the Supreme Court’s ruling on the plan even before challenges were filed.
Professional Highlights
Pro Bono Experience
Tom maintains an active pro bono practice that focuses on litigation assistance to indigent defendants at all levels of Pennsylvania state court. He currently represents an incarcerated defendant in a PCRA records-access matter pending before the Pennsylvania Supreme Court. Tom has also advised institutional non-profit clients on constitutional, statutory, and regulatory compliance issues.
Judicial Clerkships
Hon. Thomas I. Vanaskie, U.S. Court of Appeals for the Third Circuit (2013-15)
Hon. Harvey J. Bartle III, U.S. District Court for the Eastern District of Pennsylvania (2007-09)
Recognition & Accomplishments
Legal 500, Dispute Resolution - Financial services litigation, 2023, 2024
Speaking Engagements
"The Ambitious CFPB and Consumer Law: What Compliance Pros Need to Know," Society of Corporate Compliance and Ethics, September 2022
"Legal Issues with Federal Student Loan Forgiveness," National Council of Higher Education Resources 2022 Annual Legal Conference, July 2022
"Policy Deep Dive: Fresh Start and Federal Student Loan Forgiveness," National Council of Higher Education Resources 2022 Annual Meeting, June 2022
Related Insights
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Recent Developments Affecting Student Loan Origination and Servicing
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A Close Look at the U.S. Supreme Court’s Decision Invalidating the Biden Administration’s Student Loan Forgiveness Plan and its Potential Legal Repercussions and Impact on Student Loan Borrowers
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SCOTUS Hears Oral Argument in Cases Challenging Biden Administration Student Loan Forgiveness Plan: Observations and Predictions
Credentials
Education
Harvard Law School (J.D., cum laude, 2007)
Supervising Editor, The Journal on Legislation
Pennsylvania State University (B.A., magna cum laude, 2004)
Phi Beta Kappa
Admissions
New York
Pennsylvania
U.S. Court of Appeals for the Second Circuit
U.S. Court of Appeals for the Third Circuit
U.S. Court of Appeals for the Fourth Circuit
U.S. Court of Appeals for the Ninth Circuit
U.S. District Court for the Eastern District of Pennsylvania
U.S. District Court for the Middle District of Pennsylvania
U.S. District Court for the Western District of Pennsylvania
U.S. District Court for the Southern District of New York
U.S. District Court for the Central District of Illinois
U.S. District Court for the Northern District of Illinois
U.S. District Court for the Southern District of Indiana