DANIEL H. BYRNE

For over 30 years, Dan Byrne has been representing clients at trial and on appeal in commercial disputes in areas including real estate, technology, financial institutions, employment, bankruptcy and general business litigation.


EXPERIENCE & ACCOMPLISHMENTS

 

TECHNOLOGY

  • Defended Fortune 500 company in two-week jury trial, obtaining jury verdict awarding only nominal damages in dispute over trade secrets.

  • Obtained partial summary judgment enforcing contract liability limitations and damage caps in multi-million-dollar software development contract dispute.

  • Key member of team representing plaintiff in significant antitrust complaint against prominent manufacturers; seven figure settlement obtained.

  •  Represented clients in defending and protesting rights under software licenses and other contracts in arbitration, state and federal courts.

 

REAL ESTATE

  • Assumed lead counsel role within months of trial in case involving client’s former partner’s attempt to force disgorgement of profits; transformed case from defensive posture to six-figure settlement in client’s favor.
  • Substituted into lease dispute with well-funded commercial tenant within weeks of trial and developed evidence prompting adverse party to settle for substantial payment to client.

  • Lead counsel representing local developers and property managers in a wide variety of issues and disputes.

 

GENERAL BUSINESS, INSURANCE & FIDUCIARY MATTERS

  • Vindicated client accused in $30 million securities fraud arbitration claim.

  • Procured insurance coverage for clients after denial, almost always without filing suit.

  • Represented public telecommunications company in litigation, including obtaining prompt settlement of tri-party contract dispute in federal court.

  • Represented trustees and trust beneficiaries in resolving disputes over fiduciary duty breaches.

  • Represents small businesses in defending adverse claims as well as avoiding or minimizing exposure.

 

BANKRUPTCY

  • Represented solvent client in dispute with Chapter 7 trustee over alleged fraudulent transfer; negotiated deeply discounted settlement permitting client to retain bulk of benefits.

  • Represented Chapter 7 trustee pursuing recovery of loan payments to bona fide noteholders by debtor’s officers in derogation of duties to company.

  • Represented client in resolving ancillary disputes in $10 million-plus Chapter 11 real estate reorganization.

 

FINANCIAL INSTITUTION LITIGATION

  • Pursued assets concealed by judgment creditor in complex scheme, precipitating bankruptcy filing, federal investigation and substantial recovery for client.

  • Defended stockholders of company victimized by embezzlement and forgery scheme against claims brought by lenders. Avoided bankruptcy by settlement on eve of trial.

  • Lead counsel in obtaining seven-figure judgment after extensive trail on behalf of financial institution victimized by massive fraud.

EMPLOYMENT

  • Represented senior executive in defeating effort by former employer to restrain competition by injunctive enforcement of invalid non-compete clause.

  • Represented executives in negotiating severance packages on favorable terms and avoiding litigation.


RECENT RECOGNITION

  • Texas Monthly “Super Lawyer” in the business litigation area, 2008-2016
  • AV Rated by Martindale-Hubbell

MEMBERSHIPS

  • State Bar of Texas (1983)
  • U.S. District Court, Northern, Southern and Western Districts of Texas
  • U.S. Courts of Appeals, Fifth, Seventh and Eleventh Circuits
  • Austin Bar Association
  • American Bar Association
  • Federal Bar Association
  • Fifth Circuit Bar Association
  • Texas Association of Bank Counsel

EDUCATION

  • University of Houston (J.D., cum laude, 1983)
  • Chief Research Editor, Houston Law Review, 1983
  • University of Wisconsin-Madison (B.B.A., 1979)