Daniel K. Burke
Partner
Daniel K. Burke is a partner with Hoover Hull LLP. Dan focuses his practice in commercial litigation. Dan is admitted to practice before all state and federal courts in Texas and Indiana, and before the U.S. Court of Appeals for the Seventh Circuit. Dan was selected for inclusion in the listing of Indiana Rising Stars®** for 2009, 2011 and 2012.
Professional Experience
-
Represents large and small businesses, insurance companies, and individuals in a wide range of counseling, dispute resolution and litigation matters.
-
Represents clients in matters relating to contract performance and interpretation.
-
Represents clients in matters relating to shareholder disputes, unfair competition, breach of fiduciary duty, fraud, defamation, misappropriation of trade secrets, state and federal securities laws, consumer protection statutes, antitrust violations, real estate disputes and professional liability.
-
Represents clients in matters relating to the interpretation and enforcement of restrictive covenants, including obtaining and defending against injunctive relief.
-
Represents insurers and policy holders in coverage, reinsurance, complex claim, and regulatory matters.
Education
Dan earned his B.S. degree from Indiana University - Bloomington (1994) and his J.D., cum laude, from the Southern Methodist University Dedman School of Law in Dallas, Texas (1999). While in law school, Dan served on the SMU Law Review.
Publications and Speaking Engagements
-
Author, Recent Developments in Indiana Civil Procedure, 43 Ind. L. Rev. 639 (2010).
-
Author, Recent Developments in Indiana Civil Procedure, 42 Ind. L. Rev. 879 (2009).
-
Co-Author, Recent Developments in Indiana Civil Procedure, 41 Ind. L. Rev. 883 (2008).
Professional Associations, Memberships and Community Service
Dan is a member of the Indianapolis, Indiana State and American Bar Associations. Dan is a member of the board of the Community Development Law Center, and member of the Carmel Dad’s Club.
Representative Cases
-
Blinn v. Kammen, 950 N.E.2d 375, 2011 WL 2586334 (Ind. Ct. App. June 30, 2011) (professional liability; affirming summary judgment for defendant lawyer where plaintiff failed to provide evidence that defendant’s alleged acts were proximate cause of asserted injury).
-
Landeen v. PhoneBILLit, Inc., 519 F. Supp. 2d 844 (S.D. Ind. 2007) (professional liability and directors, officers, and shareholders litigation; granting defendant lawyer’s motion to exclude plaintiff’s expert testimony and reports; granting summary judgment for defendant lawyer on plaintiff’s counts for breach of contract, breach of fiduciary duty, fraud, unjust enrichment, violation of Indiana’s Trade Secrets Act, criminal mischief, unfair competition, and tortious interference, leaving only single count for legal malpractice).
-
Rael v. Davis, No. 1:06CV81, 2006 WL 2346396 (S.D. Ind. Aug. 11, 2006) (professional liability; granting defendant law firm’s motion to dismiss for failure to state a claim, finding that law firm's filing complaint for injunctive relief, attorney’s fees, and damages in earlier action did not involve a “debt” under the FDCPA).
-
Traicoff v. Digital Media, Inc., 439 F. Supp. 2d 872 (S.D. Ind. 2006) (breach of contract; granting summary judgment for defendants, on issues of first impression in Seventh Circuit, finding that exclusive licensee of copyrighted works could transfer rights to sublicensee without violating Copyright Act or terms of exclusive license).
-
City of Austin Police Retirement System v. ITT Educational Services, Inc., 388 F. Supp. 2d 932 (S.D. Ind. 2005) (tort litigation; granting defendants’ motion to dismiss class-action federal securities fraud complaint).
-
Door Control Services, Inc. v. Besam Automated Entrance Sys., Inc., No. 01-41269, 2003 WL 342351 (5th Cir. Feb. 5, 2003) (commercial litigation; reversing denial of judgment as a matter of law on fraud claim, thereby setting aside $6,000,000 jury verdict; affirming in part and reversing in part grant of judgment as a matter of law on claims for breach of contract, breach of covenant of good faith and fair dealing, and tortious interference with employment contracts).
The foregoing judicial opinions are provided only as exemplars of the legal experiences of Hoover Hull LLP and its attorneys, and do not represent the full range of experience of the firm. They should not be viewed or used as a substitute for specific legal advice. Each of these legal matters presented a unique set of facts, and none should be viewed as suggesting or predicting any outcome in any other legal matter, regardless of similarity.
Links To Relevant News Items
** The Rising Stars® selection process (limited to attorneys 40 years old or younger or in practice for 10 years or less) is based on nominations by attorneys licensed in Indiana combined with third party research. Up to 2.5% of the total lawyers in the state are selected for inclusion in the listing of Rising Stars®.
