Practice Areas

Gravel and Shea

mbyrne@gravelshea.com

Matthew Byrne practices in all areas of business litigation and frequently represents clients in complex commercial cases. Before coming to Vermont, Mr. Byrne was a partner at Kirkland & Ellis, LLP, a large Chicago law firm. Mr. Byrne has appeared in both federal and state courts across the country.

Mr. Byrne's practice covers all facets of business litigation, including First Amendment litigation, failed merger litigation, federal securities class actions, federal preemption claims, insurance coverage, contract disputes, trademarks, trade secrets, non-competition, non-solicitation, technology, unfair competition, and personal injury cases. Mr. Byrne has tried cases to completion before jurors, courts, and arbitration panels. Mr. Byrne has also sought and received emergency relief in a number of different factual contexts and judicial forums.

Education

• University of Chicago Law School, J.D., with honors, 1998
• University of Vermont, B.A., with honors, 1995

Representative Matters

• Vermont attorney for health information publishers. The United States Supreme Court invalidated a Vermont statute as a violation of the First Amendment of the United States Constitution. A copy of the opinion is here.
• Vermont attorney for captive insurance broker. The Second Circuit held that our client could proceed to trial on its construction trust claim in a federal criminal forfeiture case. A copy of the opinion is here.
• Vermont attorney for mechanical contractor in unfair competition case. We obtained a temporary restraining order and preliminary injunction after a number of former employees took confidential information and started a competing company. Using computer forensic evidence, we were able to recover deleted e-mails showing that the former employees had taken proprietary information and unfairly competed with their former employer.
• Vermont attorney for local newspaper. We successfully argued for the release of a search warrant executed on a Rutland City police officer. Representing a locally-owned newspaper, we argued that the public had a right to see judicial documents, including search warrants and related documents. The Court agreed to release the search warrant and the identity of the Rutland City police officer. The case is currently pending before the Vermont Supreme Court.
• Vermont attorney for former Vermont railroad. An adjacent land owner started to construct a building on our client's property. At the time, the client was simply looking to divest the property. An on-going boundary dispute prevented the sale from occurring. We quickly obtained a preliminary injunction barring further construction. We then sold a small sliver of land to the adjacent land owner, which allowed our client to divest itself of the remainder of the property.
• Vermont attorney for commercial printing manufacturer. We recovered a $7 million press from a customer who had fallen behind on the payments. The litigation unfolded in multiple jurisdictions at a rapid pace. To protect the value of the press, we moved rapidly to obtain court orders allowing recovery of the press. After the customer filed for bankruptcy, we moved quickly to enforce the order of replevin and obtain a release from stay from the bankruptcy court.
• Attorney for large biotechnology company after the Department of Justice refused to approve merger and the target company sued. Case was successfully resolved with large biotechnology company reacquiring the target on superior terms and obtaining Department of Justice approval for the new deal.
• Attorney for national restaurant business in trade secret misappropriation case with hundreds of millions in claimed damages. Case was resolved on favorable terms 12 hours before the start of trial.
• Attorney for industrial gas manufacturer in accident resulting in third degree burns over 40% of victim's body. Representation included successful insurance coverage and third party indemnification litigation.
• Attorney for franchisee in preliminary injunction proceeding involving the meaning of the language of a non-competition clause. After expedited discovery and contested evidentiary hearing, franchisee settled on favorable terms and retained the right to sell the product in question.
• Attorney for national restaurant chain in preliminary injunction proceeding to force franchisee to meet quality control guidelines. Case resolved on terms favorable to the client.
• Vermont attorney for large automobile manufacturers and local dealers in month long trial challenging fuel economy regulations.
• Vermont attorney for individual in preliminary injunction proceedings where religious cult attempted to deprive individual of the use and enjoyment of property. After a contested evidentiary hearing, the Court denied requested relief.
• Vermont attorney for wholesale nuclear plant on its claims for preemption under the Atomic Energy Act and the Nuclear Power Act.

Publications and Presentations

• Robert B. Hemley and Matthew B. Byrne, "Survey of Vermont Employment Libel Law," Media Law Resource Center, Inc., 2010, 2011
• Robert B. Hemley and Matthew B. Byrne, "Survey of Vermont Employment Privacy Law," Media Law Resource Center, Inc., 2010, 2011
• Robert B. Hemley and Matthew B. Byrne, "Survey of Vermont Libel Law," Media Law Resource Center, Inc., 2010, 2011
• Robert B. Hemley and Matthew B. Byrne, "Open Records and Meeting Laws in Vermont," Reporters Committee for the Freedom of the Press, 2010
• Matthew B. Byrne, "The Benefits of Using a Small Firm," ABA Corporate Counsel Web Site, 2010
• Vermont Court Structure, Vermont Bar Association, October 2009
• Litigation 911: A Practical Guide to Emergency Relief, Vermont Bar Association, January 2009
• Admissibility of Electronic Evidence, Vermont Bar Association, October 2010

Bar Admissions

• Illinois (1998)
• U.S. District Court, Northern District of Illinois (1998)
• U.S. Court of Appeals for the Seventh Circuit (2000)
• Vermont (2006)
• U.S. District Court, District of Vermont (2006)
• U.S. Court of Appeals for the Second Circuit (2007)
• U.S. Supreme Court (2010)

Memberships & Affiliations

• American Bar Association
• Vermont Bar Association
• Chittenden County Bar Association
• Vermont Association for Justice
• Lake Champlain Regional Chamber of Commerce Legislative Affairs Committee and Energy Subcommittee

Honors & Awards

• Listed in Chambers USA: America's Leading Lawyers for Business (2011) (General Commerical Litigation)
• Named as a Vermont "litigation star" in Benchmark's Guide to America's Leading Litigation Firms and Attorneys (2009-2011)