Ian K. Byrnside

Experience

Complex Commercial Litigation

• Represented one of the largest industrial distributors in North America in a lawsuit seeking several million dollars for alleged breach of fiduciary duty, breach of commercial contract, misappropriation of trade secrets, and unfair competition. Obtained summary judgment on all claims, in addition to recovery of a portion of the client's attorney's fees.
• Serves as outside general counsel for an internationally recognized planner, developer, builder, and operator of major sports fields and parks in various business matters and commercial litigation. 
• Defended a global research and development organization in a commercial contract lawsuit. Secured summary dismissal of the lawsuit and waiver of the plaintiff's right to arbitration.
• Defended a global operator of regulated exchanges and clearinghouses in an arbitration involving alleged breach of a commercial consulting agreement. Negotiated favorable settlement for the client resulting in dismissal of arbitration action.
• Represented a global construction company in a dispute with a subcontractor over improperly retained funds. Obtained TRO, interlocutory injunction, final judgment, and full recovery of funds for the client.
• Secured numerous judgments totaling more than $45 million for financial services clients in suits on notes and guarantees, including several attorney's fees awards.

False Claims Act Litigation

• Defended one of the world's largest engineering, construction, and procurement firms in a qui tam suit seeking more than $90 million for alleged violations of the False Claims Act related to profits earned on a fixed-price contract. Obtained summary judgment for the client on all claims, including the plaintiff's implied certification theory. U.S. ex rel. Prime v. Post, Buckley, Schuh & Jernigan, Inc. et al., 2013 WL 4506357 (M.D. Fla. Aug. 23, 2013)
• Defended a global third-party logistics and supply chain management provider in a qui tam False Claims Act suit alleging direct and reverse false claims related to the sale of antibiotics to the U.S. government and environmental reporting and permitting. Secured complete dismissal of the case on a motion to dismiss. U.S. ex rel. Potra v. Jacobson Companies, Inc., 2014 WL 1275501 (N.D. Ga. Mar. 27, 2014)
• Defended four scientists employed by the U.S. Environmental Protection Agency in a False Claims Act case related to the land application of biosolids. Obtained summary judgment for the clients, which was affirmed on appeal by the U.S. Eleventh Circuit Court of Appeals. U.S. ex rel. Lewis v. Walker, 738 F.Supp.2d 1284 (M.D. Ga. 2010) aff'd 438 F. App'x 885 (11th Cir. 2011)
• Defended a specialty rubber manufacturer in a False Claims Act case related to a government defense contract. Successfully convinced the U.S. government to decline to intervene in the case, resulting in voluntary dismissal of a substantive False Claims Act claim. Negotiated favorable settlement and dismissal of a related retaliatory discharge claim brought under the False Claims Act.

Healthcare Litigation

• Represented the largest medical device implant management company in the country in pursuing a series of arbitrations against large national payers for unpaid medical claims. Obtained multiple arbitration awards resulting in the recovery of millions of dollars.  
• Represented a major community hospital in a dispute with a competitor over noncompete and non-solicitation covenants. Successfully intervened and obtained declaratory judgment holding the competitor's restrictive covenants unenforceable in their entirety.
• Represented the largest home healthcare and hospice provider in the country in pursuing an arbitration seeking dissolution of a joint venture based on the breach of a noncompetition covenant. Negotiated  favorable settlement, including resolution of counterclaims that sought more than $5 million in damages.
• Represented a major nonprofit hospital system in a suit against a competitor hospital and physician asserting claims for breach of fiduciary duty, tortious interference, and breach of contract. Negotiated favorable settlement of all claims and counterclaims.

Media Litigation

• Represented a national digital media company and local news station in a successful action to unseal the autopsy report of Bobbi Kristina Brown in connection with investigative news coverage regarding a nationwide epidemic of drug abuse by affluent young adults.  
• Represented an international cable television network against defamation claims arising from statements made in broadcast episodes of a reality show. Secured summary judgment, which was affirmed on appeal.
• Serves as outside counsel for a national media conglomerate and local news provider on issues related to news gathering and public access, prepublication review, and litigation matters.

Memberships

• Lamar Inn of Court
  • Barrister
• Federal Bar Association, Atlanta Chapter
  • Co-Chair of the Robert S. Vance Forum on the Bill of Rights (2016, 2017) 
  • Vice Chair of the Younger Lawyers Division (2017)
• American Bar Association