Philip A. Byler
Top rated Civil Rights attorney in Huntington, New York
Law Offices of Philip A. Byler
Practice Areas: Civil Rights, Business Litigation, Constitutional Law; view more
Licensed in New York since: 1979
Education: Harvard Law School
Selected to Super Lawyers: 2012 - 2024 Call today:
631-848-5175
Law Offices of Philip A. Byler
11 Broadview DriveHuntington, NY 11743 Visit website
Details
Philip Byler is a Civil Rights attorney working in Huntington, New York. Philip Byler works as an attorney at Law Offices of Philip A. Byler.
As one of a small number of attorneys selected to Super Lawyers, Philip Byler gained this recognition through professional achievement, peer recognition, and other distinguishing criteria.
Mr. Byler received his J.D. degree in 1976 from the Harvard Law School. From 1976 to 1978, Mr. Byler was law clerk to the Honorable Judge John W. Peck of the U.S. Court of Appeals for the Sixth Circuit.
Mr. Byler argued and won in the New York Court of Appeals the landmark constitutional case of Immuno A.G. v. Dr. Jan 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). 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 in New York Supreme Court-Suffolk County. He 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 Dep’t 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 Dep’t 2007), the unwinding of a conversion of a New York limited partnership into a Delaware limited liability company as a legal nullity.
Mr. Byler is a member of the Bars of, among others, the States of New York and Ohio, the U.S. District Courts for the Southern and Eastern Districts of New York, the U.S. Courts of Appeals for the Second, Sixth, Eleventh and Federal Circuits and the U.S. Supreme Court.
Mr. Byler is active in Bar Associations. He is a member of the American Bar Association, New York State Bar Association, the New York City Bar Association and the Republican National Lawyers Association. He is a member of the Advisory Council of the Republican National Lawyers Association. Since 2007 he has been a member of the Professional Discipline Committee of the New York State Bar Association, its current Secretary and the Chair of its Subcommittee on Discovery in Disciplinary Proceedings; the Committee adopted a report providing a 51-jurisdiction review of the discovery procedures in each State’s disciplinary system and made recommendations for reform in New York. When Mr. Byler served on the Trial Evidence Committee of the New York State Bar Association, he was the Chair of the Subcommittee on comparing the Federal Rules of Evidence and New York state court evidence rules. He was a member and the Secretary of the International Security Committee of the New York City Bar Association, and Mr. Byler is now a member of the Professional Discipline Committee of the New York City Bar Association.
Mr. Byler is a member of the Board of the Anglosphere Society, an organization dedicated to the special relationship between Great Britain and the United States and to the discussion of national security issues.
Mr. Byler is active in political and community affairs, including: Republican Party Committeeman for Town of Huntington, Long Island, New York and Suffolk County, New York; Delegate, 10th Judicial District Republican Nominating Convention; Delegate, 2008 Republican National Convention; 2008 Lawyers for McCain; Federalist Society; Recording Secretary, Long Island Ronald Reagan Republican Club; Director and Legal Advisor to Huntington Tri-Village Little League/Senior League Baseball Association; Manager, numerous Huntington Tri-Village Little League and Senior League youth baseball teams, including the 1997 American Charter Williamsport Little League Tournament team and the 2003 District 34 Williamsport Big League Tournament team; Commissioner, Long Island Stan Musial Adult Baseball League; Player-Coach, Stan Musial Huntington Tri-Village Reds; Elder, Central Presbyterian Church of Huntington, Long Island; Community Service Award, DePauw University (2008).
Practice areas
Civil Rights, Business Litigation, Constitutional LawFocus areas
Disability, Non-Compete Agreements, Trade Secret
- 60% Civil Rights
- 20% Business Litigation
- 20% Constitutional Law
First Admitted: 1976, Ohio
- 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
- 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
- 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
- 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
- Bronze Star, Serving in Iraq
- Community Service Award, DePauw University, 2008
- New York Super Lawyers, 2012 - 2016
- Sigma Nu
- Phi Beta Kappa
- DePauw University, Greencastle, Indiana, B.A., History & Economics, Summa Cum Laude, 1973
Selections
- Super Lawyers: 2012 - 2024
