Thomas Burke

Partner He / Him / His

Philadelphia

Tel 215.864.8463
Fax 215.864.8999

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.

Services

Representative Experience

Representative Matters

Representing multiple large national banks in courts across the country in connection with payment fraud claims arising under UCC Article 4A, EFTA, and common law
Representing multiple banks and credit unions in class actions and mass arbitrations relating to consumer bank fees
Representing national real estate brokerage network in CFPB enforcement action alleging violations of the Real Estate Settlement Procedures Act (RESPA)

Obtained dismissal under Rule 12(b)(6) in favor of large national bank in New Jersey federal district court as to claims for violation of consumer protection statutes and related contract and tort claims in connection with security of online banking services
Obtained dismissal of consumer protection claims against large student loan servicer in first-of-its-kind federal multidistrict litigation
Obtained JAMS arbitration awards in favor of holder of residential solar panel loans in connection with alleged violations of state consumer protection law, breach of contract, and related tort claims.
Obtained dismissal of UCC and negligence claims against large national bank in New York state court in connection with client’s receipt of fraudulently induced wire transfer
Obtained dismissal of contract claims against large national bank in Pennsylvania federal district court in connection with client’s origination of a fraudulently induced wire transfer
Obtained dismissal of negligence claims against large national bank in Pennsylvania federal district court in connection with client’s receipt of fraudulently induced wire transfer
Obtained summary judgment on contract claims against large national bank in Pennsylvania federal district court in connection with client’s origination of a fraudulently induced wire transfer
Obtained dismissal of common law claims against large national bank in New Jersey state court in connection with client’s receipt of fraudulently induced wire transfer
Successfully moved to dismiss contract claims for forum non conveniens in California state court
Successfully moved to compel arbitration of consumer protection claims against income share agreement platform in California federal district court
Negotiated no-admission settlements with no civil monetary penalties on behalf of large student loan servicer to resolve enforcement actions brought by the New York Attorney General and Massachusetts Attorney General
Obtained summary judgment in favor of large student loan servicer in Connecticut federal district court, successfully advocating for federal preemption of Connecticut’s student loan servicer licensing requirements
Obtained arbitration award overwhelmingly in favor of client, one of the world’s leading vaccine manufacturers, in a 10-day ICC arbitration before a three-judge panel in Wilmington, DE

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

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