D. Andrew Byrne, Esq.

 

Board Certified Specialist by Florida Bar

 

                   Business Litigation Law           2011-2021                                                                                                 

                   Labor & Employment Law       2011-2021

 

Professional Licenses

Member of the Bar of the following States in good standing:

Tennessee   – 1985 to Present

Florida        – 1991 to Present

New York   – 2007 to Present

Illinois         – 2018 to Present

 

Admitted to Practice by following Federal Courts:

United States Supreme Court    – 2006

11th Circuit Court of Appeals    – 1994

5th Circuit Court of Appeals      – 1987

USDC WD Tenn                      – 1985

USDC ND Miss                       – 1991

USDC ND Fla                          – 1991

USDC MD Fla                         – 1994

USDC SD Fla                          – 1996

USDC ED Ark                         – 1986

USDC WD Ark                        – 1986

USDC EDNY                          – 2008

USDC SDNY                          – 2008

 

 

ADR Experience

 

Arbitration

American Arbitration Association Panel Member for Employment

Disputes Panel, Commercial Disputes Panel, and Consumer Disputes Panel

NAM – National Arbitration & Mediation Panel Member

Arbitration experience includes serving as sole arbitrator on over 80 Arbitrations since 2012.  Employment Cases involved disputes of all types, including discrimination and retaliation (sex, age, race, national origin), workplace harassment (sex, age, race, national origin), disability discrimination and harassment, FLSA cases (both single and collective actions), whistleblower cases, and covenants not to compete.  Commercial Cases involved contract disputes and related business torts.  Consumer Cases involved disputes between customers and a variety of business entities.

 

 

Mediation

 

Circuit Civil Mediator – Fla. Supreme Ct. – 2013 to Present

Approved mediator with the US EEOC and the American Arbitration  Association

Served as a mediator on civil litigation cases since approximately 1999, involving between 75-100 separate cases, in jurisdictions across the United States.  Cases mediated primarily involve Employment

Disputes, including discrimination and retaliation of all types (sex, age, race, national origin, disability, primarily); whistleblower claims; FLSA, both single plaintiff and collective actions; non-compete agreements; and related tort claims.  A substantially smaller subset of Mediations involved traditional business disputes, including land use, and consumer disputes.

 

Professional Litigation Experience

 Practice concentrated in civil litigation in a variety of specialty areas, in courts across the United States.  Cases have been in the United States Supreme Court, the 11th, 5th, 6th and 2nd US Circuits, and District Courts in at least 8 states, the Florida Supreme Court and the 1st, and 5th DCA, and in the country of Canada.  The subject matters have included:

Real Estate and Land Use 

Eminent Domain, Inverse Condemnation –  Regulatory Takings, Land Use, Sale and Purchase Contracts, Commercial Foreclosure, Construction Defects, Title Defect and Coverage, Statutory and Constitutional Protection of Property Rights, Environmental Claims, notable cases include Regulatory Taking of DRI case, and Land Use DRI ownership and amendment case

Antitrust    

Civil Price-Fixing and Bid Rigging, notable cases include Bid-Rigging in road building Contract in the State of Tennessee, and automotive dealer claims against manufacturer for Price Fixing and Unfair Competition

Securities  

Broker-Dealer Fraud and Suitability claims

Civil Rights 

§ 1983 Wrongful Death claims against law enforcement, prosecution of § 1983 claims by individuals and businesses against government entities for arbitrary  government action, including notable cases  of successful defense of Governor and Cabinet in trial of sex discrimination claim and successful defense of Sheriff in wrongful death claim and award of sanctions for frivolous claim

Trusts & Estates

Will Contests, Testamentary Capacity and Undue Influence Claims, claims for failure to honor marital dissolution agreement in testamentary plan


Banking & Finance     

Lender Liability, UCC, Breach of Contract Claims, representing primarily lenders

Personal Injury

Representing both Plaintiffs and Defendants in personal injury claims

Labor & Employment

Representing both Plaintiffs and Defendants in Wage & Hour, Discrimination, Labor disputes, OSHA investigations and claims,NLRB investigations and claims, non-compete claims

Election Law

Representing National Parties and  Candidates in disputed election results Claims, including the 2004 Presidential Election in Florida in the case of Reform Party v. Black before Florida Supreme Court

Administrative    

Bid Protests, License Revocation Proceedings, including notable case of bid protest over $500,000,000 contract for State of Florida Medicaid Computer System

Professional Negligence

Legal Malpractice, Medical Malpractice

Business Litigation

Breach of Contract and Fraud disputes

Intellectual Property  

Trademark and Tradename litigation, Unfair Trade practices and Lanham Act claims

Insurance   

Coverage litigation

Taxation   

Tax Litigation, including notable case of Constitutional Standing before United States Supreme Court with National Tax Implications for Private Schools

 

Education

University of Memphis

BBA Finance, magna cum laude, 1982
Golden Key National Honor Society 1981
Beta Gamma Sigma, National Honor
Business Fraternity 1981
Congressional Intern, Tenn. 6th
Congressional District 1982

 

Vanderbilt University

JD 1985
School of Law

National Institute for Trial, 1987
Advocacy, New Orleans, Louisiana

Circuit Civil Mediation, 2013
Training

American Arbitration, 2012
Association Arbitrator Training

 

Professional Memberships, Honors, and Certifications

Dade County Bar Association, Group IV Director 2013-2014

Spellman-Hoeveler Inns of Court 2013-14; 2014-2015

Wm. Reece Smith, Jr., Litigation American Inn of Court – Master Member 2016 – 2017

US Small Business Administration, Region IV – Jacksonville District Advisory Counsel, 1993-1997

Rated AV Preeminent by Martindale-Hubble

 

Employment

Martin, Tate, Morrow & Marston, P.C., Memphis, Tennessee, Summer Associate, later full-time associate, 1983-1989

McNeese & Arthur, P.C., Germantown, Tennessee, Partner 1989-91

Pennington, Wilkinson, Dunlap, Bateman & Camp, P.A.,

Tallahassee, Florida, later known as Pennington & Haben, P.A., Partner 1991-1996

Cooper & Byrne, PLLC, Tallahassee, Florida, Founding Partner, 1996-2007

Phillips Nizer, LLP, New York, New York, Partner 2007-2009

Becker & Poliakoff, P.A., Miami, Florida, Partner and Head of Litigation, 2009-2012

Bryant Miller Olive, P.A., Miami, Florida, Partner 2012-2014

Andrew Byrne & Associates, P.A., Founding Partner 2014 –

 

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