Philip A. Byler Attorney

First Admitted: 1976, Ohio

Professional Webpage: https://www.philbyler1976.com/abou

Bar/Professional Activity:

Chair, Relevancy Rules Subcommittee
New York State Bar Association, Trial Evidence Rules Subcommittee, Former chair
U.S. Court of Appeals 11th Circuit
Ohio, 1976
U.S. District Court Southern District of Ohio, 1977
Member & Committee Member, New York City Bar Association
U.S. Court of Appeals 1st Circuit, 2016
U.S. Tax Court, 1990
Chair, Subcommittee on Discovery in Disciplinary Proceedings for the Professional Discipline Committee of the New York State Bar Association
Member, Trial Evidence Committee-Relevancy Subcommittee, American Bar Association
New York, 1979
U.S. District Court Eastern District of New York, 1979
Member & Committee Member, New York State Bar Association (Secretary to Professional Discipline Committee, New York State Bar Association)
U.S. Court of Appeals 6th Circuit, 1976
U.S. Supreme Court, 1990
Member, Professional Discipline Committee & Trial Evidence Committee, New York State Bar Association
Member, International Security Committee, New York City Bar Association 2008-2011
Member and Advisory Council Member, Republican National Lawyers Association
U.S. District Court Southern District of New York, 1979
Current general member & Committee Member, American Bar Association
U.S. Court of Appeals 2nd Circuit, 1988
Member & Advisory Council Member, Republican National Lawyers Association
U.S. Court of Appeals Federal Circuit, 1988
Member, Professional Discipline Committee, New York City Bar Association, 2011 - present
Chair, Subcommittee on Comparing the Federal Rules of Evidence and New York evidence rules for the Trial Evidence Committee of the New York State Bar Association

Verdicts/Settlements (Case Results):

October 15, 2012, Won a seven day jury trial in New York Supreme Court for Suffolk County in a case, O’Brien v. Golden, Index No. 11889/08, that concerned property out in the Hamptons. Client Testimonial: Phil 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. Phil Byler 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 Phil had the respect of the Judge and the jury. On top of it all, Phil Byler is honest and ethical.
After a bench trial starting in December 2012 and concluding in February 2013, U.S. District Judge Katherine B. Forrest of the Southern District of New York rendered, on May 28, 2013, a 59-page decision in Delshah Group LLC v.Atit Javeri, et al. dismissing: (i) the Plaintiff Delshah Group LLC’s claim brought against all Defendants under § 10(b) of the Securities Exchange Act of 1934 and SEC Rule 10b-5; and (ii) Plaintiff Delshah Group LLC’s claim against Defendant Asher Zamir under § 20(a) of the Securities Exchange Act of 1934. Philip A. Byler tried the case for three of the four Defendants -- Asher Zamir, Zamir Equities LLC and Zamir Manager 40 LLC (the Zamir Defendants). On the first page of Judge Forrest’s opinion, the Court stated her bottom line conclusion: "The Court does not find that defendants made a material misstatement or omission, that plaintiff reasonably relied on any misstatements or omissions, that defendants acted with scienter, or that plaintiff’s losses were caused by the materialization of a concealed risk." Judge Forrest’s opinion is notable for making witness credibility findings favorable to Defendant Asher Zamir and Zamir Equities LLC former General Counsel Noah Bilenker. Judge Forrest’s opinion is also notable for its treatment of the legal issues of material misstatement, scienter, transaction causation and loss causation favorable to Defendants., 2013
Client Testimonial: Phil Byler took on my case when i needed to appeal to the U.S Court of Appeals for the Second Circuit after a two-week trial and years of pre-trial motion practice, which made for a 17-volume appeal Record Appendix. My case involved constitutional law issues relating to rights of parents and the obligation of parents. It took many days of long hours of hard work, which Phil did indefatigably in order to write clear, very strong, precedent based briefs and to make a clear, very strong oral argument to an appellate panel all too obviously desirous of immunizing government conduct. Phil Byler is extremely intelligent, knows and understands the law, is able to master a large factual and procedural record and is honest and responsible. -- Steven Friedman

Representative Clients:

Miller v. Ross, 43 A.2.3d 730, 841 NY S.2d 586, N.Y. App. Div-1st Department, 2008
Mr. Byler successfully briefed and orally argued in the U.S. Court of Appeals for the Second Circuit the appeal of what has been said to have nationwide significance in Doe v. Columbia, 831 F.3d 46 (2d Cir. 2016) (Leval, J.), obtaining the reinstatement of a Title IX discrimination suit for a male student. Mr. Byler successfully briefed and orally argued in the U.S. Court of Appeals for the Seventh Circuit the appeal in an even more significant Title IX case in Doe v. Purdue, 928 F.3d 652 (7th Cir. 2019) (Barrett, J.), given the author of the Court opinion, again obtaining the reinstatement of another Title IX discrimination suit for a male student. Mr. Byler successfully briefed and orally argued the reversal of the denial of the use of a pseudonym by a student seeking challenging a university sexual misconduct finding and sanction in Doe v. MIT, 46 F.4th 61 (1st Cir. 2022) (Selya, J.). Mr. Byler briefed and successfully argued in the Arizona Supreme Court the case of Mesnard v. Campagnolo, 47 Ariz. Cases Dig. 21, 489 P.3d 1184 (2021), upholding a former state legislator's defamation action over a press release issued by the Speaker of the Arizona House.
Immuno A.G. v. Dr. Jan Moor-Jankowski, 77 N. Y. 2d 235, 567 N.E.2d 1270, 586 N.Y.S.2d 906, N.Y.Ct. of Appeals, 1991

Pro bono/Community Service:

Recording Secretary, Long Island Ronald Reagan Republican Club
Delegate, Republican Judicial Nominating Convention for 10th New York Judicial District, 2008 - present
American Bar Association, Federalist Society, Member
Anglosphere Society, Board member
Director, Huntington Tri-Village Little League Association, 1998 - Present
Manager, Long Island District 34 Big League Williamsport Tournament Team, 2003
Elder, Central Presbyterian Church of Huntington, Long Island 2005 - present
Vice President, Huntington Tri-Village Little League Association, 2005 - 2014 Legal Advisor & Executive Board Member, Huntington Tri-Village Little League Association, 2014 to present
Manager, American Charter Williamsport Tournament Little League Team, 1997
Player-Manager, Huntington Tri-Village Reds in Long Island Stan Musial Adult Baseball League, 2002 - Present
Committeeman, Town of Huntington and County of Suffolk, New York Republican Party, 2008 - Present
Legal Advisor, Huntington Tri-Village Little League Association, 2007 - Present
Commissioner, Long Island Stan Musial Adult Baseball League, 2011 - Present

Honors/Awards:

Bronze Star, Serving in Iraq
Community Service Award, DePauw University, 2008
New York Super Lawyers, 2012 - 2016
Sigma Nu
Phi Beta Kappa

Educational Background:

DePauw University, Greencastle, Indiana, B.A., History & Economics, Summa Cum Laude, 1973

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