- Restructuring & Creditors' Rights
- Complex Business Litigation
- Class Action Defense
- Telephone Consumer Protection Act (TCPA)
- Consumer Financial Services
- Director & Officer Liability
- Financial Services Litigation
- Distressed Real Estate
|Contact Info||Telephone: 404.853.8026|
|University ||University of Notre Dame, A.B., cum laude|
|Law School||University of Notre Dame Law School, J.D., magna cum laude Articles Editor, Notre Dame Law Review|
Chair, Evidence Study Committee - State Bar of Georgia (2008-2011)
Vice Chair, Evidence Study Committee - State Bar of Georgia (2003-2007)
Member, Governing Committee, Conference on Consumer Finance Law
Advisory Member, Legal Committee, Association of Consumer Vehicle Lessors
fellow, Lawyers Foundation of Georgia
Member, Lawyers Club of Atlanta
|Born||Troy, New York, August 19, 1956|
Tom Byrne litigates complex business disputes, with a primary focus on the defense of consumer and policyholder class actions and creditors' rights litigation. His experience ranges from arguing in the Supreme Court of the United States to first-chairing jury trials in four states. He served as lead counsel in more than 100 putative class actions. Tom regularly represents secured lenders and other parties in Chapter 11 bankruptcies and related litigation.
Tom joined Sutherland in 1982 after completing clerkships with the Honorable Robert A. Ainsworth, Jr. of the U.S. Court of Appeals for the Fifth Circuit; and the Honorable Morey L. Sear of the U.S. District Court for the Eastern District of Louisiana.
Argued and won Bullock v. BankChampaign, N.A. (2013) in the U.S. Supreme Court, which established the meaning of the defalcation exception to a bankruptcy discharge.
Served as lead counsel for the nation's largest auto lender in a series of fair lending class actions, including the only such case to be tried.
Defended vehicle financiers and lessors in practically every type of litigation brought against them over the last three decades, in 25 states, e.g., Schlenk v. Ford Motor Credit Co., 308 F.3d 619 (6th Cir. 2002) (opposed by Richard Cordray).
Awards and Rankings
National Law Journal Appellate Lawyer of the Week (May 28, 2013)
Named to The Best Lawyers in America in the areas of commercial litigation (2008-2016), litigation - real estate (2012-2016) and litigation - banking & finance (2012-2016)
Selected as a Georgia Local Litigation Star by Benchmark Litigation (2015-2016)
•Honorable Robert A. Ainsworth Jr., U.S. Court of Appeals for the Fifth Circuit
•Honorable Morey L. Sear, U.S. District Court for the Eastern District of Louisiana
Documents by this lawyer on Martindale.com
Challenges Mount to FCC's July 2015 TCPA Order
Thomas M. Byrne,Juan C. Garcia,Allegra J. Lawrence-Hardy,Phillip E. Stano,Rocco E. Testani, December 1, 2015
Accusing the Federal Communications Commission (FCC) of abdicating its responsibility to clarify areas of uncertainty under the Telephone Consumer Protection Act (TCPA) and muddying the already murky waters of the TCPA, more than a dozen parties have filed appeals challenging the FCC’s July...
Party Line: Third Circuit Issues Expansive Interpretation of Right to Sue Under the TCPA
Thomas M. Byrne,Juan C. Garcia,Allegra J. Lawrence-Hardy,Phillip E. Stano,Rocco E. Testani, October 26, 2015
Interpreting broadly the scope of standing to bring suit under the Telephone Consumer Protection Act (TCPA), the U.S. Court of Appeals for the Third Circuit has held that even an unintended recipient of an automated call is within “the zone of interests protected by the law” and has...
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