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: 212-653-8846
Fax: 212-736-2260
Selected To Super Lawyers: 2012 - 2020
Licensed Since: 1979
Education: Harvard Law School
Practice Areas:
  • Business Litigation (70%),
  • Civil Rights (20%),
  • Constitutional Law (10%)
    Attorney Profile

    Attorney Philip A. Byler serves as senior litigation counsel with Nesenoff & Miltenberg LLP law firm in New York, New York. A top-rated trial attorney with more than 43 years of total legal experience, Mr. Byler has achieved considerable success advocating on behalf of businesses and individuals across the state who have serious and complex legal issues involving any of the following:

    · Business and commercial litigation, including partnership disputes, copyright infringement, securities fraud allegations, First Amendment issues and other matters

    · Campus misconducts and Title IX lawsuits

    · Real estate litigation and transactions

    · Corporate transactions and business dissolutions

    · Employment discrimination and non-compete litigation

    · Civil rights violations, libel claims and other similar matters

    Along with maintaining a successful trial practice, Mr. Byler also has extensive experience handling appeals, and he has gained a reputation for his unwavering commitment to helping his clients obtain the favorable outcomes they seek and the justice they deserve as efficiently and cost-effectively as possible. Honored for his professionalism and service, he has earned consistent top rankings and endorsements from his peers along with numerous testimonials and referrals from his satisfied clients.

    Fully committed to his practice as well, Mr. Byler has served in a number of leadership roles with the New York State Bar Association, including chair of its Discovery in Disciplinary Proceedings Subcommittee and Trial Evidence Rules Subcommittee. He has also served as secretary of its Professional Discipline Committee, and he is a member of the New York City Bar Association's Professional Discipline Committee and former secretary of its International Security Committee.

    He is also an active member of the American Bar Association and Advisory Council member of the Republican National Lawyers Association, among his other professional affiliations. Outside his legal practice, Mr. Byler has also maintained active involvement in national politics, having served as New York Republican Party committeeman for Suffolk County and Huntington, Long Island as well as delegate for the 10th Judicial District Republican Nominating Convention and the 2008 Republican National Convention.

    Mr. Byler regularly volunteers his time and services pro bono to those less fortunate in his community, and he received the DePauw University Community Service Award in 2008. A 1973 summa cum laude graduate of DePauw University, he obtained his Juris Doctor from Harvard Law School in 1976, and he holds his license to practice in Ohio as well as New York.

    Mr. Byler is admitted to practice before the U.S. District Court for the Southern and Eastern Districts of New York and the Southern District of Ohio, the U.S. Court of Appeals for the 2nd, 6th, 11th and Federal Circuits, as well as before the U.S. Supreme Court and U.S. Tax Court.

     
    Practice Areas
    • 70%Business Litigation
    • 20%Civil Rights
    • 10%Constitutional Law

    Selections

    Selected to Super Lawyers for 9 yearsbottom-image

    Super Lawyers: 2012 - 2020

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    About Philip Byler

    Admitted: 1979, New York

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

    Honors/Awards:

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

    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

    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

    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:

    • 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

    Phone: 212-653-8846

    Fax: 212-736-2260

    Philip A. Byler:

    Last Updated: 5/7/2020

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