Robbins, Russell, Englert, Orseck, Untereiner & Sauber LLP


J.D., University of Virginia School of Law, 2008

Order of the Coif

Articles Editor, Virginia Law Review

B.A., with highest distinction, University of Virginia, 2005


Tel: 202.775.4491
Fax: 202.775.4510

Bar Associations

District of Columbia


Donald Burke, Partner

Appellate Briefs

Bemont Investments, L.L.C. v. United States of America Brief for Appellees/Cross Appellants
Brady v. National Football League Amicus Brief of Elected Officials and Small Business Owners
Caplinger v. Medtronic, Inc. Amicus Brief of the Product Liability Advisory Council
Caraco Pharmaceutical Laboratories v. Novo Nordisk Amicus Brief of The Generic Pharmaceutical Association
In re: Rail Freight Fuel Surcharge Antitrust Litigation Brief of the Chamber of Commerce of the United States of America as Amicus Curiae
Microstrategy Servs. Corp. v. Openrisk, LLC Plaintiff's Brief in Opposition to Defendant's Motion to Dismiss or Abstain
United States v. Clay Brief for Defendant-Appellant
United States v. Clay Reply Brief for Defendant-Appellant

Donald Burke is a trial and appellate litigator.  He has represented companies and individuals in civil and criminal cases throughout the country, as well as in investigations by the Department of Justice and other federal agencies.  Donald has briefed cases for parties and amici curiae in federal and state appellate courts, and in the Supreme Court of the United States.  These cases have involved a variety of issues, including federal criminal law, partnership tax controversies, drug patents, environmental disputes, and the False Claims Act.  Donald has also represented corporate and individual clients in proceedings before the suspension and debarment authorities of various federal agencies, including the Environmental Protection Agency and the Department of the Navy. 

Donald joined the firm in 2010, after serving as a law clerk to Judge Raymond M. Kethledge of the United States Court of Appeals for the Sixth Circuit.  From 2011-2012, he served as a law clerk to Justice Antonin Scalia of the Supreme Court of the United States. 

Representative matters include:

  • Representing a leading software provider in a suit alleging various business torts in connection with provision of cloud-based services.

  • Representing a health-care executive in post-verdict proceedings and on appeal following criminal conviction. 

  • Representing major accounting firm in investigations by the PCAOB. 

  • Representing a major offshore drilling contractor in suspension and debarment proceedings before the Environmental Protection Agency.

  • Briefing successful appeal on behalf of a major bank in suit alleging liability under the California Hazardous Substance Account Act.  The trial court’s grant of summary judgment was affirmed by the California Court of Appeal. 

  • Representing investor in appeal of nine-figure federal partnership tax dispute. 

  • Advising major investment fund on constitutional and administrative-law issues related to Fannie Mae and Freddie Mac conservatorship.

Professional Activities, Publications and Honors:

  • Moot Court Panelist, Georgetown Supreme Court Institute

  • Moot Court Panelist, National Association of Attorneys General

  • Member, Supreme Court Historical Society