Professional of the Year - Legal/Business Litigation and Appeals

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Philip A. Byler

Title: Senior Litigation Counsel
Industry: Legal
Type of Organization: Law Firm
Major Product/Service: Legal services
Expertise: Mr. Byler has over 37 years experience and has been with the current firm for 10 years. He is a trial and appellate lawyer, specializing in business litigation. At trial, he is responsible for opening and closing statements, examination and cross examination of witnesses, objections, jury instruction, proposed findings of fact and conclusions of law. For appeals, he drafts briefs and does the oral argument.
Geographic Area of Distribution: International
Affiliations: American Bar Association; New York State Bar Association; New York City Bar Association; Professional Discipline Committee, New York State Bar Association; Secretary and Chair, Subcommittee, Discovery in Disciplinary Proceedings, Professional Discipline Committee, New York State Bar Association; Past Secretary, International Security Committee, New York City Bar Association; Professional Discipline Committee, New York City Bar Association; Member and Advisory Council, Republican National Lawyers Association; Republican Party Committeeman, Town of Huntington, Long Island; Republican Party Committeeman, Suffolk County, Long Island; Delegate, Republican Judicial Nominating Conventions, New York's 10th Judicial District; Recording Secretary, Long Island Ronald Regan Republican Club; Past Delegate, Republican National Convention, 2008; 2008 Lawyers for McCain; Commissioner, Long Island Stan Musial Baseball League; Vice President, Director and Legal Advisor, Huntington Tri-Village Little League Baseball Association; Elder, Central Presbyterian Church of Huntington, Long Island; Board, Anglosphere Society
University/Degree: J.D., Harvard Law School, 1976
Born: December 1, 1950, Hamilton, Ohio
Spouse: Janet
Children: John (U.S. Army Captain), James (U.S. Marines)
Work History: Mr. Byler began his career as a law clerk to Judge John W. Peck of the U.S. Court of Appeals for the Sixth Circuit from 1976 to 1978. He then began private practice in 1978 as a Litigation Associate at Cravath, Swaine & Moore in New York City. From 1984 to 1990 he worked at Weil Gotshal & Manges. Mr. Byler started his own practice in 1990 and was affiliated Of Counsel with a few firms until joining Nesenoff & Miltenberg LLP where he has been Senior Litigator for over 10 years.
Honors & Awards: Named, Thomason Reuters New York Metro Super Lawyers, 2012, 2013, 2014, 2015, 2016
Career Accomplishments: Mr. Byler briefed, argued and won, the First Amendment case of "Immuno v. Moor-Jankowski," 77 N.Y.2d 235, 567 N.E.2d 1270, 566 N.Y.S.2d 906, cert. denied, 500 U.S. 954 (1991). Mr. Byler tried and won in 2012 in OíBrien v. Golden, Index No. 11889/08 (Sup.Ct. Suffolk Co.), a two-week property jury trial in New York Supreme Court-Suffolk County. He is very proud of a testimonial received from a client which states, "Mr. Byler litigated my case through discovery--it took years-- and did a seven day jury trial for me, winning a unanimous jury verdict in my favor. He is truly a super lawyer with a powerful mind, a deep knowledge of the law and an amazing ability to master the facts of a case. At trial, he delivered a terrific opening statement, did cross examinations of my adversary and her witnesses that shredded their credibility and their story, put on a case for me that was persuasive, conducted my examination and those of my witnesses in a way that I feel we won the jury and concluded with a closing statement that was detailed and engrossing, yet tied in with the jury verdict form. It was evident in the courtroom that Mr. Byler had the respect of the Judge and the jury. On top of it all, he is honest and ethical." Mr. Byler tried and won in Delshah Group LLC v. Atit Javeri, et al., 09-Civ-6909 (KBF), 2013 WL 2322488, Fed. Sec. L.Rep.. P 97,504 (S.D.N.Y. May 28, 2013), a two-month federal securities bench trial in the U.S. District Court for the Southern District of New York. He argued and won in the New York Appellate Division-First Department in AJ Holdings Group LLC v. IP Holdings LLC, et al., 129 A.D.3d 504, 11 N.Y.S.3d 55 (1st Depít 2015), the reversal of the award of discovery sanctions for alleged spoliation of electronic evidence. He argued and won in the New York Appellate Division-First Department in Miller v. Ross, 43 A.D.3d 730, 841 N.Y.S.2d 586 (1st Depít 2007), the unwinding of a conversion of a New York limited partnership into a Delaware limited liability company as a legal nullity.