Dan Byrne is a lawyer representing clients involved in both straightforward and complex commercial disputes in a broad range of areas, including real estate, technology, financial institutions, employment, bankruptcy and general business litigation, both at trial and on appeal.

Recent Experience and Accomplishments

Technology

• Defended Fortune 500 technology company in two week jury trial, obtaining jury verdict awarding only nominal damages in heated dispute over misappropriation of trade secrets.
• Partial Summary Judgment enforcing contract liability limitations and damage caps in 25,000-document multi-million dollar software development contract dispute.
• Key member of team representing plaintiff in significant antitrust complaint against prominent technology manufacturers; seven figure settlement obtained.
• Represented numerous clients in defending and protesting rights under software licenses and other technology contracts in arbitration, state and federal courts.

Real Estate

• Assumed lead counsel role within months of trial in multi-year-old case involving attempt by former partner of client to force disgorgement of millions in profits from twelve large projects. Transformed case from defensive posture to six figure settlement in favor of client weeks before trial by developing counterclaims and eliciting damaging admissions from plaintiff at deposition.
• Substituted into hotly contested lease dispute with well-funded commercial tenant within weeks of trial. Immediately overhauled legal position and developed evidence of compelling counterclaims and defenses, prompting adverse party to replace its counsel and settle for substantial payment to client.
• Lead counsel representing several local developers and property managers in wide variety of issues and disputes.

General Business, Insurance, and Fiduciary Matters

• Working with counsel for other respondents, successfully vindicated client accused in $30 million securities fraud arbitration claim involving tens of thousands of documents and month long trial.
• Procured insurance coverage for numerous clients after insurer denial, almost always without filing suit.
• Represented public company subsidiary telecommunications company in numerous complex litigation matters, including successfully prosecuting case in federal court to obtain prompt mid-six figure settlement of complex triparty contract dispute.
• Represented various trustees and trust beneficiaries in resolving disputes over fiduciary duty breaches and asset tracing issues.
• Represents numerous small businesses in defending adverse claims as well as avoiding or minimizing exposure.

Bankruptcy

• Successfully represented solvent client in six figure dispute with Chapter 7 trustee over alleged fraudulent transfer arising from direct tax payment to IRS for benefit of shareholder of Sub-S corporation, despite absence of controlling precedent. Following defeat of summary judgment motion, negotiated deeply discounted settlement permitting client to retain bulk of benefits.
• Represented Chapter 7 trustee in successfully pursuing recovery of bulk of loan payments made to bona fide noteholders by debtor's officers in derogation of duties to company.
• Working with lead bankruptcy counsel, successfully represented client in resolving numerous complex and difficult ancillary disputes in $10 million-plus Chapter 11 real estate reorganization effort.

Financial Institution Litigation

• Aggressively pursued assets concealed by sophisticated judgment creditor in complex scheme over twelve year period, precipitating bankruptcy filing and federal investigation, and substantial recovery for client.
• Defended stockholders of company victimized by embezzlement and forgery scheme against eight figure claims brought by group of lenders on alleged guaranties. Bankruptcy of individuals avoided by settlement on eve of trial.
• Lead counsel in obtaining high seven figure judgment after extensive trial before the court on behalf of financial institution victimized by massive fraud in connection with automobile floor plan loan; successfully traced and recovered hundreds of thousands of dollars worth of misappropriated vehicles and coordinated federal prosecution with FBI.

Employment

• Successfully represented individual client, a senior executive, in defeating effort by former employer to restrain competition by injunctive enforcement of invalid non-compete clause through early stage summary judgment; upheld on appeal.
• Represented several executives in negotiating severance packages on favorable terms and avoiding litigation.

Professional Qualifications

Recent Recognition

• Voted by peers to Texas Monthly's 2003, 2004 and 2008 list of -Texas Super Lawyers" as one of the best Business Litigation attorneys in Central Texas (limited to top 5% of eligible attorneys)
• A/V Rated: Martindale Hubbell

Memberships/Admissions

• 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)