Mediator Resume

Andrew Byrne & Associates, P.A. – Shareholder

Attorney, Mediator and Arbitrator

Founding Shareholder, Andrew Byrne & Associates P.A., 2014 – Present; Shareholder, Bryant Miller Olive P.A., 2012 – 2014; Partner and Chair of Litigation Practice Group, Becker & Poliakoff P.A. (New York & Miami), 2009 – 2012; Partner, Phillips Nizer LLP, 2007 – 2009; Partner, Cooper & Byrne PLLC, 1996 – 2007; Partner, Pennington & Haben P.A., 1991 – 1996; Partner, McNeese & Arthur P.C., 1989 – 1991; Associate, Martin Tate Morrow & Marston P.C., 1985 – 1989.

Labor & Employment Law Experience Board Certified in Labor & Employment Law by the Florida Bar. Practicing lawyer since 1985, devoting approximately 50% of practice to representing clients, both plaintiff and defendant, as advocate, advisor, mediator, investigator and/or arbitrator in the full range of Labor, Employment and Civil Rights laws. Specific experience includes all types of discrimination, harassment and retaliation claims under Title VII and related state laws, New York Labor Laws, Florida Civil Rights Act (FCRA), Florida Whistleblower Act, Americans with Disabilities Act (ADA), disability and accommodation claims, 42 U.S.C. sections 1981, 1983 and 1985, Civil Rights Actions, wrongful death, excessive force, deliberate indifference, violation of civil rights, Family and Medical Leave Act (FMLA), ERISA, pension, breach of fiduciary duty, medical and disability benefits, National Labor Relations Act (NLRA) and (NLRB), unfair labor practices, collective bargaining, PERC, Worker Adjustment and Retraining Notification Act (WARN), Age Discrimination in Employment Act (ADEA), constitutional employment law, common law employment claims, sexual harassment, sex, gender, pregnancy, sexual orientation, religious, national origin, race and color discrimination, unemployment, wrongful discharge, retaliation, overtime, minimum wage, worker compensation, Fair Labor Standards Act (FLSA), wage and hour, class and collective actions, OSHA, workplace privacy and drug testing statutes, USERRA, Fair Credit Reporting Act, and Employee Polygraph Protection Act. Business and Commercial Law Experience Board Certified as expert in Business Litigation by the Florida Bar. Practicing lawyer since 1985, devoting approximately 50% of practice to representing clients, plaintiff and defendant, as advocate, advisor, mediator, investigator, and/or arbitrator in the full range of commercial and business law disputes. Experience litigating Contract disputes of all types, specific contracts litigated include loan agreements, construction, real estate sales, employment, independent contractor, warranty, consumer product and services, insurance policies, and commission agreements; Experience in Banking law disputes, specific areas litigated include depositor agreements, account disputes, commercial paper, lender liability and bank regulation; Experience litigating Securities Law disputes. Specific areas include 10b-5, Securities Act, suitability, churning and fiduciary breach, securities fraud, account agreements, blue sky laws, and prospectus disclosure. Experience litigating RICO, business fraud, unfair competition and deceptive acts and practices claims of all types, specific areas litigated include RICO, anti-trust, price-fixing, infringement, trademark and trade name, Lanham Act, common law business torts, negligent and fraudulent misrepresentation, and drug patents. Experience litigating Administrative and Regulatory law claims of all types, specific areas include professional licensing and discipline, business permit and licensing, federal, state and local tax disputes, bankruptcy creditor claims, dischargeability, bid protests, administrative regulatory claims, and public records. Experience litigating Probate, Trusts & Estates disputes of all types, specific areas litigated include will contests, undue influence and testamentary capacity.

Over 24 years of experience mediating all types of employment disputes, including: discrimination claims (race, sex, gender, religion, national origin), harassment claims, ADEA claims, retaliation claims, whistleblower claims, ADA accommodation and discrimination claims, FLSA/Wage & Hour claims, including collective/class actions, and restrictive covenants. Also experienced in business disputes of all types.

Have successfully mediated cases involving multiple parties in the full spectrum of employment claims involving claims of discrimination, harassment, and retaliation involving all protective classes, and most presenting multiple theories in each case, with all issues of liability, damages and affirmative defenses at issue. Many times, the cases involved serious assault allegations coupled with employment law claims, and involving sensitive issues of sexual harassment with millions of dollars of damages claimed. FLSA cases involving both single claimants and collective actions involving hundreds and sometimes thousands of employees. Many issues concerning breaches of employment agreements, confidentiality agreements and restrictive covenants with trade secrets and misappropriation at issue. Many cases involved whistleblowers with multiple legal theories of recovery. Section 1983 claims involved law enforcement misconduct allegations, and civil rights allegations. Mediation of Business disputes involved contract disputes of all types and involving various industries including real estate, contracts, eminent domain, manufacturing, intellectual property, services, consumer products, and business breakups and buyouts.

I believe that the most noble act a lawyer can do is resolve a dispute in a just and honorable way and I bring that commitment to all of my mediations. The breadth of my experience and expertise gives me an edge to identify the important issues and help the parties reassess their positions so that compromise can occur. It also helps me to gain the trust of the parties because I can often relate past experiences in similar cases that give us a shared experience and knowledge of the issues and possible outcomes. I encourage the parties to participate fully in the process, including the presentation of their positions, because I have found that reaching compromise occurs quicker when the parties have had the opportunity to voice their position and be heard and understood. I work hard to learn as much about the case, the parties and the proceedings leading up to the mediation so that I know as much as the parties do about how the case has progressed, and I have been known to extend mediation sessions late into the night, through multiple days, with follow-up conferences and seeking the presiding court's assistance to achieve a settlement.

National Institute for Trial Advocacy (1987); Vanderbilt University School of Law (JD-1985); University of Memphis (BBA, magna cum laude, Beta Gamma Sigma and Golden Key-1982).

Admitted to Bar: Illinois (2018), New York (2007), Florida (1991), Tennessee (1985); U.S. District Court: Eastern and Southern Districts of New York, Northern, Middle and Southern Districts of Florida, Western District of Tennessee, Northern District of Mississippi, Eastern and Western Districts of Arkansas; U.S. Courts of Appeal: 11th and 5th Circuits; U.S. Supreme Court.

American Bar Association; The Florida Bar; The Illinois Bar Association; American Inns of Court.

Hourly Rate: $350.00 Daily Rate: Not provided Study Rate: $350.00/hr Cancellation: Not provided Cancellation Period: Not provided Comment: Compensation rates, established by the AAA, are set forth in the applicable Consumer Mediation Procedures.

English

United States of America

Miami, Florida