Philip A. Byler

Philip A. Byler

Attorney Profile

Top Rated Business Litigation Attorney in New York, NY

Nesenoff & Miltenberg, LLP
 | 363 7th Avenue, 5th Floor
New York, NY 10001
Phone: 212-736-4500
Fax: 212-736-2260
Selected To Super Lawyers: 2012 - 2019
Licensed Since: 1979
Education: Harvard Law School
Practice Areas:
  • Business Litigation (70%),
  • Civil Rights (20%),
  • Constitutional Law (10%)
Attorney Profile

Philip A. Byler, a graduate of Harvard Law School who clerked for a U.S. Court of Appeals judge before entering private practice as an associate at Cravath Swaine & Moore, serves clients in the New York metropolitan area. He is the Senior Litigator Counsel at his firm and focuses primarily on serving clients, for over 38 years, in the areas of business litigation, civil rights, appellate issues and First Amendment. He has experience litigating cases in both the state and the federal courts of New York and has litigated cases before the New York State Court of Appeals, the New York Supreme Court Appellate Divisions for the First and Second Departments and the U.S. Court of Appeals for the Second Circuit. Additionally, on behalf of the constitutional rights of his clients, Mr. Byler won a landmark case in Immuno A.G. v. Dr. Jan Moor-Jankowski. 11 N.Y.2d 235, 567 N.E.2d 1270, 566 N.Y.S.2d 906, cert denied, 500 U.S. 954 (1991) before the New York Court of Appeals.  Mr. Byler argued and won in the U.S. Court of Appeals for the Second Circuit the reinstatement of a Title IX reverse discrimination case in Doe v. Columbia, 831 F.3d 46 (2d Cir. 2016).  Mr. Byler was also a winning trial lawyer in the federal securities fraud case of Delshah Group LLC v. Javeri, et al., 2013 WL 2322488, Fed. Sec. L. Rep. P 93504 (S.D.N.Y. May 28, 2014)(Forrest, J.).  He argued and won in the New York Appellate Division-First Department in AJ Holdings Group LLC v. IP Holdings LLC, 129 A.D.3d 504, 11 N.Y.S.3d 55 (1st Dep't 2015), the reversal of the award of discovery sanctions for alleged spoliation of electronic evidence.  He tried and won in 2012 in O'Brien v. Golden, Index No. 11889/08 (Sup. Ct. Suffolk Co.), a two-week property jury trial.  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 Dep't 2007), the unwinding of a conversion of a New York limited partnership into a Delaware limited liability companyas a legal nullity.  He co-authored an article, "Eight Steps In Representing An Accused In College Sexual Misconduct Disciplinary Proceedings," ABA Litigation, Volume 43, Number 1, Fall 2016.

Philip Byler is a member of the bars of the state of New York and the state of Ohio, the U.S. Supreme Court, the U.S. Court of Appeals for the Second Circuit, the U.S. District Courts for the Southern and Eastern Districts of New York and several others. Mr. Byler is an active member of the New York State Bar Association (including its Professional Discipline Committee to which he is the Secretary), the New York City Bar Association (including its Professional Discipline Committee), the American Bar Association and the Republican National Lawyers Association (member of Advisory Council and lecturer on election law). Mr. Byler was the Chair of the State Bar Association Professional Discpline Committee's Subcommittee on Discovery in Disciplinary Proceedings, which produced a report and recommendations that were adopted by the Professional Discipline Committee and then the New York State Bar Association. His dedication to his clients is reflected in his dedication to his community, as evidenced by his work with the Huntington Tri-Village Little League Association (Executive Board Director and Legal Advisor), community church (Elder) and the New York Republican Party (Town and County Committeeman, State Empire Club member and 2008 Delegate to National Convention).  Mr. Byler is a Delegate to New York Republican Judicial Nominating Convention for the 10th District, and he is a member of the Board of the Anglosphere Society, an organization dedicated to the secial relatinship between Great Britian and the United States and to the discussion of national security issues.  Mr. Byler is also a member of the Federalist Society and an affiliate member of the Marine Corps League.

Clients of Mr. Byler seek assistance with cases involving constitutional law, contracts, Internet and print media, tax litigation, election and campaign law, ethics and international transactions. Philip Byler's extensive knowledge of the Constitution, as well as his professional and compassionate outlook, gives his clients a unique advantage as he defends their individual rights in court.

About Philip Byler

Admitted: 1979, New York

Professional Webpage: http://nmllplaw.com/law/philip-a-byler/

Honors/Awards:

  • Community Service Award, DePauw University, 2008
  • Sigma Nu
  • Phi Beta Kappa

Bar/Professional Activity:

  • Chair, Relevancy Rules Subcommittee
  • 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
  • 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

Pro bono/Community Service:

  •  Delegate, Repubican Judicial Nominating Convention for 10th New York Judical District  2008 - present
  • 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

Scholarly Lectures/Writings:

  • Andrew T. Miltenberg and Philip A. Byler, "Eight Steps In Representing An Accused In College College Sexual Misconduct Disciplinary Proceedings," ABA Litigation, Volume 43, Number 1, Fall 2016 

Verdicts/Settlements:

  • 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
  • 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

Educational Background:

  • Harvard Law School, J.D., 1976
  • DePauw University, Greencastle, Indiana, B.A., History & Economics, Summa Cum Laude, 1973
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Office Location for Philip A. Byler

363 7th Avenue
5th Floor
New York, NY 10001

Philip A. Byler:

Last Updated: 10/14/2019

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