Philip A. Byler
Senior Litigation Counsel
- Business Litigation
- New York, New York
Philip A. Byler is a litigator who over the course of his career, has practiced in the areas of Title IX, First Amendment, Defamation, Federal Securities, Antitrust, Contract, Civil Rights, Copyright, Trademark, Patent, International Trade, Property, Tax, Accounting Fraud, Business Organization and Electronic Spoliation. His clients have ranged over from major corporations to individuals of modest backgrounds. Mr. Byler has been quoted and mentioned in press articles about his cases.
Mr. Byler, an experienced trial and appellate attorney, has practiced in federal courts and in state courts. He has tried cases in New York state court and in federal court. He has orally argued cases in the U. S. Court of Appeals for the First Circuit, the U. S. Court of appeals for the Second Circuit, the U. S. Court of appeals for the Third Circuit, the U. S. Court of appeals for the Seventh Circuit, the U. S. Court of appeals for the Eighth Circuit, the U. S. Court of Appeals for the Ninth circuit, the U. S. Court of appeals for the Tenth circuit, the Arizona Supreme Court, the New York Court of Appeals and the New York Appellate Divisions for the First and Second Departments. Mr. Byler for 11 straight years (2012-2022) has been selected for inclusion in the Thomson Reuters New York metro Superlawyers. Mr. Byler’s current practice is in Title IX law, constitutional litigation, defamation, and breach of contract.
Mr. Byler is a member of the bars of, among others, the states of New York and Ohio, and the U. S. District courts for the Southern, Eastern, Northern and Western Districts of New York, the U. S. District court for the District of Columbia, the U. S. Courts of Appeals for the First, Second, Third, Sixth, Seventh, Eighth, Ninth and Tenth circuits and the U. S. Supreme court. Mr. Byler received his J. D. Degree in 1976 from the Harvard Law School. From 1976 to1978, Mr. Byler was law clerk to The Honorable Judge John W. Peck of the U. S. Court of Appeals for the Sixth Circuit. In 1978, Mr. Byler began the private practice of law as an associate in the litigation department of Cravath, Swaine & Moore in New York City working on Antitrust, Securities, First Amendment and Civil Rights Litigations. Mr. Byler was at the Cravath Firm until 1984 when he moved to Weil, Gotshal & Manges in New York City, where he worked on International Trade, Accounting fraud, First Amendment, RICO, ERISA, Breach of Contract and Commercial Litigations.
In 1990, Mr. Byler established his own practice. In 2002, he joined Nesenoff & Miltenberg LLP.
Mr. Byler is and has been married to his wife Janet for 41 years in May 2022. Mr. Byler is a Dad to two hero sons. John, a Purdue graduate (Class of 2005) is now a U.S. Army Lieutenant Colonel who served four combat tours of duty, two in Iraq, the first as an infantry platoon leader during the surge there when he earned a Bronze Star, and two in Afghanistan. James, also a Purdue grad (Class of 2008) and now a Wounded Warrior U.S. Marines Captain (retired) who served as an infantry platoon commander in Afghanistan in the 3/5 Marines in Sangin District, Helmand Province, Afghanistan when he earned a Purple Heart and who has since earned an M.B.A. from New York University-Stern School of Business (2015) and is working as a trader at Barclay’s
Below is a list of practice areas in which Philip A. Byler specializes in:
Phil’s political and community involvement includes the following:
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.
Mr. Byler is and has been since 2007 a member of the Professional Discipline Committee of the New York State Bar Association, since 2015 to the present the Secretary of the Professional Discipline Committee of the New York State Bar Association, the current Chair of its Subcommittee on Fitness To Practice of the Professional Discipline Committee of the New York State Bar Association and past Chair of its Subcommittee on Discovery in Disciplinary Proceedings of the Professional Discipline Committee of the New York State Bar Association. The whole State Bar Professional Discipline Committee adopted the Subcommittee=s report on Discovery in Disciplinary Proceedings providing a 51-jurisdiction review of the discovery procedures in each State=s disciplinary system and making recommendations for reform.
Mr. Byler has been a member of the Professional Discipline Committee of the New York City Bar Association since 2008, and he was a member of the International Security Committee of the New York City Bar Association in the years 2007 to 2011, serving as its Secretary from September 2009 to May 2011.
Mr. Byler has done and does election law and ethics law lectures for the Republican National Lawyers Association — in 2016, for the training of deployment attorneys for New Hampshire and Pennsylvania; in 2017 and 2018, for the training of deployment attorneys in New York State elections; in 2019 and 2020, for education on ethics law and election activities; and in February 2022, for education on ballot access and election poll watching.
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).
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 due process/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 a due process/Title IX discrimination suit for a male student.
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.
Mr. Byler 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.
Mr. Byler 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 (Katherine Forrest, J.).
Mr. Byler 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 Dept 2015), the reversal of the award of discovery sanctions for alleged spoliation of electronic evidence.
Mr. Byler 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 Dept 2007), the unwinding of a conversion of a New York limited partnership into a Delaware limited liability company as a legal nullity. Quoted and Mentioned in Press Articles:
Mr. Byler has been quoted and mentioned in press articles: Anthony Lewis, Abusing The Law, about Immuno A.G. v. Dr. Jan Moor-Jankowski, May 10, 1991, New York Times (Philip A. Byler, the winning lawyer).
M. Odendahl, Purdue Ruling First In Flood Of Campus Sex Assault Appeals,
The Indiana Lawyer, July 24, 2019) (A Doe’s attorney, Philip Byler, senior litigation counsel at Nesenoff & Miltenberg LLP in New York, described Purdue’s procedure as just awful, asserting the university put its finger on the scale in favor of the woman, he said the 7th Circuit agreed by calling for a real hearing and not a sham one. Overall, Byler was pleased with the 7th Circuit’s ruling. He said the opinion will help push back against academic disciplinary procedures by underscoring the need for due process and unbiased sexual assault tribunals.
A Bias Claim By Student Accused Of Misconduct Is Revived By Circuit, July 29, 2016, New York Law Journal; “A Columbia Male Student Urges Circuit To Revive His Bias Suit”, April 13, 2016, New York Law Journal.
A Paul Nungesser’s Suit Against Columbia Over Mattress Protest Is Dismissed, March 12, 2016, The Huffington Post. A Emma Sulkowicz Carrying Mattress At Graduation Further Smeared Student Accused Of Rape, July 1, 2015, New York Daily News.
APaul Nungesser’s Lawyers Accused Emma Sulkowicz Of Anti-Male= Bias Campaign, June 25, 2015, Jezebel.
K. Breuninger, A Former Trump Lawyer Alan Dershowitz Sues Netflix Over Portrayal In Jeffrey Epstein Series, CNBC (May 26, 2021) (A Byler in a statement said Netflix and the Epstein series show’s producers used the professor’s name to drive views of their miniseries and then proceeded to defame him with clever manipulation of facts. . . This makes a mockery of our First Amendment, victims= rights, and the truth itself.).
A Del Shah Loses Fraud Suit Over $4M Loss in Condo Conversion,@May 29, 2013, Law 360.