Donna L. Burden

Donna L. Burden is an experienced trial attorney and a founding member of Burden & Hansen, LLC. She practices throughout New York State in the areas of trucking and transportation negligence, automobile liability, labor law, employment law, sexual harassment and discrimination, school law, products liability, medical device, municipal law/government liability, professional liability and premises liability. She has approximately 30 years’ experience defending against catastrophic personal injury claims.

Ms. Burden is a frequent presenter on and instructor in trial advocacy skills, including on topics such as transportation law (trucking and buses), traumatic brain injury/mild traumatic brain injury, emergency response, handling life-care plans at trial and employment law matters. She speaks on a variety of topics at seminars and conferences held by national defense counsel organizations and groups such as DRI and IADC, and also including groups focused on the transportation industry, such as TIDA, CTLA and the Arkansas Trucking Seminar.

Ms. Burden has participated in mock trials, mock mediations and other presentations through the Themis Advocates Group. She is a frequent contributor to various national newsletters and publications on a variety of topics, including transportation, product liability, toxic tort and cyber liability.

Ms. Burden was nominated to the International Association of Defense Counsel (IADC) in 2011 and was elected to the Board of Directors at the IADC’s 2022 Annual Meeting in Berlin, Germany.  She is also past vice president of the IADC Foundation. Previously, she served as the IADC’s Social Justice Pro Bono Committee vice chair of membership, and in numerous roles with the organization’s Transportation Committee, including as chair, vice chair of programs and projects, and vice chair of trucking. In addition, she served in 2016 as a member of the IADC’s Board of Directors Nominating Committee, and in 2015 as a member of the IADC’s Trial Academy faculty.

A St. Bonaventure University alumni, Ms. Burden was named to the university’s Board of Trustees in September 2023.

An accomplished trucking law attorney, Ms. Burden has also been selected for membership in the Trucking Industry Defense Association (TIDA), the only international organization devoted to the defense of the trucking industry in personal injury, property damage, and workers’ compensation claims, and served three terms on the Board of Directors and was also General Counsel. During the Annual Meeting of the Trucking Industry Defense Association (TIDA) in October 2024 in Puerto Rico, Ms. Burden was given the organization’s highest honor as the 2024 recipient of the John T. Biezup Memorial Service Award.  This award was created to honor John Biezup, a charter member of TIDA who died suddenly in 1994.  He was a tireless and innovative lawyer who constantly sought out new ways to protect his clients’ interests. It is to honor that spirit of service that TIDA created an award bearing his name. Each year, the TIDA Board of Directors chooses a member of TIDA whom they believe best exemplifies John’s spirit of service, not only to TIDA, but to his or her clients and the trucking industry.  She is extremely honored to receive this award.

Ms. Burden coordinates the Burden & Hansen Emergency Response Team, which includes attorneys, field adjusters and accident reconstruction experts. The team is available 24/7 to handle all kinds of catastrophic loss response, including in major trucking, busing and automobile accidents; product failure; falls; and other incidents involving significant injury or loss of life.

Professional Affiliations/Activities

• International Association of Defense Counsel (IADC)
  • Member of the Board of Directors, 2022 to present
  • Nominating Committee, 2016
  • Chair, Transportation Committee, 2013-2014
  • Vice Chair, Sub-Committee, Transportation Committee, 2012-2013
  • Faculty, Trial Academy in Stanford, CA, 2015
  • Contributor, chapter, Defense Counsel Training Manual (Third Edition, 2016)
• St. Bonaventure University
  • Board of Trustees – 2023 to present

• The Foundation of the International Association of Defense Counsel
  • Director, 2017 to 2023
  • Vice-President, 2021 to 2023

• Trucking Industry Defense Association (TIDA) Director, 2012-2022
  • General Counsel, 2019-2022
  • Board Advisor, Canadian Relations Committee, 2013-2017
  • Board Advisor, Interactive Committee, 2012-2017
  • Board Advisor, Young Professionals Committee, 2012-2016
  • Member, Membership Committee, 2016-2017
  • Co-Chair, Advanced Skills Seminar, 2008

• Defense Research Institute (DRI)
  • National Director, 2009-2012
  • Chair, Trucking Law Committee, 2007-2008
  • Vice Chair, Trucking Law Committee, 2006-2007
  • Program Chair, Trucking Seminar, 2006

• Themis Advocates Group
  • Chair, Membership Committee, 2017
  • Chair, Trucking and Transportation Practice Group, 2017
  • Chair, Annual Meeting Program Chair, 2018
• American Bar Association
  • Tort Trial and Insurance Practice Section
• New York State Bar Association
  • Torts, Insurance and Compensation Law Section
• Canadian Transport Lawyers Association (CTLA)
• Ontario Trucking Association
• Claims and Litigation Management Alliance (CLM), Upstate New York Chapter
  • Transportation Committee
• Transportation Lawyers Association (TLA)
• Western New York Trial Lawyers Association
• Defense Trial Lawyers Association of Western New York
• Erie County (N.Y.) Bar Association
  • Treasurer 2012-2013
  • Deputy Treasurer 2011-2012
  • Negligence Committee

Publications/Speaking Engagements

• Presenter, Themis Advocates Group Mock Trial, Richmond, VA (June 2023)
• Co-Presenter, “Pursuing and Defending Low Speed Injury Claims in Motor Carrier Litigation,” ABA Transportation Megaconference XVI (March 2023)
• Co-Presenter, “The Tech Toolbox: Game Changer Investigation Methods to Uncover Deception,” Themis Advocates Group Annual Meeting, January 2023
• Co-Presenter, “Virtual Mediation and the New Normal,” Themis Advocates Group (January 2021)
• Speaker, “#MeToo:  The Impact on You and Your Clients,” IADC Annual Meeting (July 2019)
• Speaker, “Cross-Examination of the Sympathetic Plaintiff at Trial,” DRI Trucking Law Primer (June 2019)
• Speaker, “Are You Ready for a Wallaby at the Watercooler,” IADC Mid-Year meeting (February 2019)
• Speaker, “Hot Topics in Damages,” ABA Transportation Megaconference XIV (March 2019)
• Speaker, “What to Do When you Get the Call? The Do’s and Don’ts of a Catastrophic Loss Response,” DRI Trucking Committee Webinar (2018)
• Speaker, “EPLI Trends in the USA-Sex, Money and Race,” Themis Advocates Group, London Presentation (2018)
• Speaker, “Autonomous Vehicles/Vessels/Aircraft Panel,” Presentation at Fernandes Hearn LLP, Toronto, Ontario, Canada (2018)
• Speaker, “New York No-Fault: A Review, Analysis and Application,” presentation to ProSight Specialty Insurance (2017)
• Speaker, “Preparing and Responding to the Crash in the Middle of the Night…and the Aftermath:   The Inner Workings of an Effective Emergency Response Program,” Perrins Conferences (2017)
• Speaker, “The 21^st Century Law Firm—Managing the Practice,” FDCC/IADC Joint Firm Management Conference (2017)
• Speaker, “Shhh!! The Attorney Client and Work Product Privileges Can “Sometimes” Apply to Insurance Adjusters,” presentation to Canal Insurance Company (2017)
• Speaker, “2017 US Trucking Insurance Seminar,” Themis Advocates Group, London Presentation (2017)
• Participant, Themis Advocates Group, Mock Mediation (2017)
• Co-author, “Motions in Limine,” IADC Defense Counsel Training Manual (Third Edition, 2016)
• Speaker, “Articulating Value and Distinguishing Yourself from the Competition: Top 5 Conversations that Capture the Attention of Prospective Clients,” CLM (May 2016)
• Participant, Themis Advocates Group, Mock Trial (June 2016)
• Participant, Themis Advocates Group, Mock Mediation (August 2016)
• Co-author, “Diversity of Citizenship Removal: What Transportation Attorneys Should Know About ‘Bad Faith’ and the One Year Time Limitation,” IADC Transportation newsletter (January 2015)
• Co-author, “Security Software Vendors Battle Against Impending Strict Products Liability,” IADC Product Liability newsletter (August 2015)
• Co-author, “Transportation Network Companies: Recent Regulatory Challenges and Proposed Regulations,” IADC Transportation newsletter (August 2015)
• Speaker, “Hot Topics in Transportation,” Themis Advocates Group Annual Meeting (2015)
• Participant, Themis Advocates Group, Mock Trial (June 2015)
• Speaker, “US Bus Modal Update: FMCSA Enacts Regulations to Tighten Enforcement in Wake of Crashes,” CTLA Annual Conference (2014)
• Speaker, “It’s a Motor Carrier…It’s a Broker…It’s a Freight Forwarder…It’s Your Client!”, TLA Annual Conference/CTLA Midyear Meeting (2014)
• Speaker, “Major Claims from Minor Head Injuries-The New Age of Minor Traumatic Brain Injuries,” CLM Upstate New York Chapter Educational & Networking Event (2014)
• Speaker, “Negligent Hiring and Mismanagement of Risk—The Gateway to Punitive Damages,” Arkansas Trucking Seminar (2014)
• Speaker, “Successful Strategies for Effective Defense of Mild TBI (mTBI) Claims with Major Settlement Demands,” IADC Mid-year Meeting (2014)
• Speaker, “First Response Team—What You Need to Know to Protect Your Client and Its Employees,” IADC Mid-Year Meeting (2013)
• Participant, Themis Advocates Group, Mock Trial (June 2013)
• Co-author, “Is New York Moving away from Frye?” IADC Toxic and Hazardous Substances Litigation newsletter (April 2012)
• Co-author, “WARNING: Warnings for Seatbelts May Not Be Necessary,” IADC Product Liability newsletter (January 2012)
• Speaker, “A Litigator’s Approach to Preparing for and Trying Brain Injury Cases,” Arkansas Trucking Seminar (2011)
• Co-author, “Panel Groups, Trial Simulations and Selecting a Products Liability Jury,” American Bar Association, Litigation Section
• Speaker, “Wrongful Death Law: A Primer for New York State Actions” (2009)
• Author, “Punitive Damages in New York” (2009)
• Author, “The Nuts and Bolts of DMV Fatality Hearings: Revisited” (2008)
• Speaker, “Using the Right Tool for the Right Job: A Product Liability Litigation Toolkit,” American Bar Association Women in Products Liability Conference (2007)
• Speaker, “The Disconnect Between Safety Departments and Risk Management with Respect to the Preventability of an Accident,” American Bar Association Megaconference on Transportation Law (2006)
• Speaker, “Commercial Motor Vehicles—Negligent Hiring and Retention of Drivers/Employees,” DRI Trucking Seminar (2005)
• Speaker, “Negligent Hiring and Negligent Retention of Commercial Truck Drivers,” DRI (2004)
• Author, “The Nuts and Bolts of DMV Fatality Hearings” (2000)