Philip Arwood Byler

Mr. Byler is Senior Litigation Counsel at Nesenoff Miltenberg Goddard Laskowitz, LLP where he practices in federal court and complex state court practice, specializing in appeals and trials. He has tried cases in New York state court and federal court. He has argued cases in the New York Court of Appeals, the New York Appellate Divisions for the First and Second Departments and the U.S. Court of Appeals for the Second Circuit. 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). Awards and Honors Honors Thomson Reuters New York Metro Super Lawyers 2012, 2013, 2014 and 2015

• Senior Counsel, Litigation

• Cravath, Swaine & Moore, Associate (Litigation), 1978 - 1984
• Weil, Gotshal & Manges, Lawyer, 1984 - 1990
• Judge John W. Peck, U.S. Court of Appeals for Sixth Circuit, Law Clerk, 1976 - 1978

• Immuno A.G. v. Dr. Jan Moor-Jankowski
• Citation: 77 N. Y. 2d 235, 567 N.E.2d 1270, 586 N.Y.S.2d 906
• Court: N.Y.Ct. of Appeals
• Year: 1991
• Miller v. Ross
• Citation: 43 A.2.3d 730, 841 NY S.2d 586
• Court: N.Y. App. Div-1st Department
• Year: 2008

• New York, 1979
• Ohio, 1976
• U.S. District Court Southern District of New York, 1979
• U.S. District Court Eastern District of New York, 1979
• U.S. District Court Southern District of Ohio, 1977
• U.S. Court of Appeals 2nd Circuit, 1988
• U.S. Court of Appeals 6th Circuit, 1976
• U.S. Court of Appeals Federal Circuit, 1988
• U.S. Supreme Court, 1990
• U.S. Tax Court, 1990

• American Bar Association (Member & Committee Member)
• New York State Bar Association (Member & Committee Member)
• New York City Bar Association (Member & Committee Member)
• Republican National Lawyers Association (Member & Committee Member)
• Fraternities and Sororities
• Sigma Nu
• Phi Beta Kappa