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 five 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 Eversheds Sutherland (US) 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.
Client Tools
•CFPA Guide
•Eleventh Circuit Business Blog
Clerkships
•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
Awards and Rankings
Recognized by the National Law Journal as Appellate Lawyer of the Week (2013)
Named to The Best Lawyers in America in the areas of commercial litigation (2008-2020), litigation - real estate (2012-2020) and litigation - banking & finance (2012-2020)
Selected as a Georgia Local Litigation Star by Benchmark Litigation (2015-2017)
Experience
“An action against a client, in our view, is not a billing opportunity; it is a problem to be resolved on a cost-effective basis.”
Experience
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).
Argued and won in the US Court of Appeals for the Seventh Circuit Armada (Singapore) PTE Ltd. v. Amcol Int. Corp. (2018) concerning the federal RICO Act’s “domestic injury” requirement.
Represents a major automobile manufacturer in dealer Chapter 11 cases across the country.
Argued and won Matthew Willingham v. City of Valparaiso (2016), in the U.S. Court of Appeals for the Eleventh Circuit, involving municipal liability for First Amendment violations.
Prevailed for a life insurer in a putative nationwide class action asserting so-called gap coverage claims related to a life insurance policy.
Acted as coordinating counsel for affiliated health insurers in putative class actions involving alleged Medicaid duplication fraud and breach of fiduciary duty.
Multimedia
Webcast: Supreme Court review/preview - high court cases the business community should watch (October 4, 2018)
Last term, the US Supreme Court decided several cases with implications for the insurance and financial services sectors, and the docket for the Court’s October 2018 term already includes merits ...
Webcast: Arbitration Agreements and Class Action Waivers: A Discussion of the Potential Impact of the Consumer Financial Protection Bureau’s Proposal (May 11, 2016)
Will the new Consumer Financial Protection Bureau’s (CFPB) proposal limit, or outright prohibit, the use of class waivers in consumer contracts? Join Sutherland attorneys Tom Byrne, Lewis Wiener and ...
Webcast: U.S. Supreme Court Review / Preview: High Court Cases Insurers Should Watch (September 24, 2015)
Last term the U.S. Supreme Court decided several cases with implications for the insurance sector, with issues ranging from ERISA fiduciary duties and class action procedure to disparate impact ...
News
In the News
President SCOTUS Shortlister Kevin Newsom: Four Things to Know (January 18, 2018)
Bloomberg BNA
Eversheds Sutherland Partner Tom Byrne's 11th Circuit Business Blog post, This is a tax case. Fear not, keep reading, is mentioned in this Bloomberg BNA article.
Lawyers React to High Court's Limiting of Debt Plan Appeals (May 4, 2015)
Law360
Sutherland Partner Thomas Byrne is quoted in this Law360 article regarding the recent U.S. Supreme Court ruling that corporations and individuals do not have an absolute right to immediately appeal ...
TCPA: Is the Scope of Consent Unlimited? (September 23, 2014)
insideARM.com
Sutherland’s legal alert, TCPA Hot Issues: Is the Scope of Consent Unlimited?, was featured in insideARM.com.
Sutherland Partner Gets 9-0 SCOTUS Win (May 15, 2013)
Daily Report
Sutherland Partner Tom Byrne was featured as the lead story in today’s Daily Report for his recent victory in the United States Supreme Court. Byrne represented Randy Curtis Bullock, the petitioner ...
Trustee Wins Supreme Court Fight Over Debt Relief Bar (May 14, 2013)
Law360
Sutherland Partner Tom Byrne was featured in Law360 for his recent victory in the United States Supreme Court. Byrne represented Randy Curtis Bullock, the petitioner in the case of Bullock v. ...
U.S. Supreme Court Remands Bankruptcy Defalcation Case, Says Higher Standard Needed (May 13, 2013)
LexisNexis Litigation Blog
LexisNexis Litigation Blog reported on United States Supreme Court decision regarding the definition of ‘defalcation’ under the Bankruptcy code in the case of Bullock v. BankChampaign. Sutherland ...
High Court Urged To Broadly Apply Debt Relief In Bankruptcy (March 18, 2013)
Law360
Sutherland Partner Thomas M. Byrne delivered oral argument at the United States Supreme Court on March 18 in a pro bono case brought in conjunction with the Emory Law School Supreme Court Advocacy ...
Press Releases
Eversheds Sutherland Publishes 2019 TCPA Year-in-Review Report (February 11, 2020)
Eversheds Sutherland is pleased to announce that the TCPA litigation and counseling subgroup of the firm’s Litigation Practice Group has published its 6th annual REDIAL: 2019 TCPA Year-in-Review - ...
Eversheds Sutherland Publishes 2018 TCPA Year-in-Review Report (February 5, 2019)
Eversheds Sutherland is pleased to announce that the Litigation Practice Group has published its 5th annual REDIAL: 2018 TCPA Year-in-Review - Analysis of Critical Issues and Trends in TCPA ...
Eversheds Sutherland Publishes 2017 TCPA Year-in-Review Report (January 31, 2018)
Eversheds Sutherland (US) LLP is pleased to announce that the Litigation Practice Group has published REDIAL: 2017 TCPA Year-in-Review - Analysis of Critical Issues and Trends in TCPA Compliance and ...
Six Eversheds Sutherland Attorneys Ranked by Benchmark Litigation (September 29, 2017)
Eversheds Sutherland is pleased to announce that six of its attorneys will be listed in the latest Benchmark Litigation guide of America’s leading business litigation firms and attorneys. In ...
Four Eversheds Sutherland Attorneys Named Lawyer of the Year; 80 Lawyers Recognized in 2018 Edition of The Best Lawyers in America (August 15, 2017)
Eversheds Sutherland is pleased to announce that four attorneys have been selected as “Lawyer of the Year” in their respective fields by The Best Lawyers in America, and 80 attorneys have been ...
Sutherland Publishes 2016 TCPA Year in Review Report (January 18, 2017)
Sutherland Asbill & Brennan LLP is pleased to announce that the firm’s Litigation Practice Group has published REDIAL: 2016 TCPA Year in Review - Analysis of Critical Issues and Trends, an annual ...
Seven Sutherland Partners Ranked by Benchmark Litigation (October 26, 2016)
Sutherland Asbill & Brennan LLP is pleased to announce that seven of its partners will be listed in the Benchmark Litigation guide of America’s leading business litigation firms and attorneys. In ...
Six Sutherland Attorneys Named Lawyer of the Year; 81 Lawyers Recognized in 2017 Edition of The Best Lawyers in America (August 15, 2016)
ATLANTA and WASHINGTON-Sutherland Asbill & Brennan LLP is pleased to announce that that six attorneys have been selected as “Lawyer of the Year” in their respective fields by The Best Lawyers in ...
Sutherland Launches Eleventh Circuit Business Blog (July 26, 2016)
ATLANTA-Sutherland Asbill & Brennan LLP is pleased to announce the launch of its newest blog, Eleventh Circuit Business Blog. The blog reports and offers perspectives on newly issued decisions of ...
Nine Sutherland Partners Ranked by Benchmark Litigation (October 21, 2015)
ATLANTA, HOUSTON and WASHINGTON-Sutherland Asbill & Brennan LLP is pleased to announce that nine of its litigators will be listed in the Benchmark Litigation guide of America’s leading business ...
Presentations
“Inside counsel are our co-counsel, and it is vital to understand our respective responsibilities to the client.”
Presentations
Webcast: Supreme Court review/preview - high court cases the business community should watch (October 4, 2018)
Last term, the US Supreme Court decided several cases with implications for the insurance and financial services sectors, and the docket for the Court’s October 2018 term already includes merits ...
Patronage Capital Litigation (September 13, 2016)
Since 2009, more than 50 cases involving patronage capital (or capital credits) have been filed against electric cooperatives in 11 states: Alabama, Arkansas, Florida, Georgia, Missouri, Montana, New ...
Webcast: U.S. Supreme Court Review / Preview: High Court Cases Insurers Should Watch (September 24, 2015)
Last term the U.S. Supreme Court decided several cases with implications for the insurance sector, with issues ranging from ERISA fiduciary duties and class action procedure to disparate impact ...
Patronage Capital Litigation (November 5, 2013)
Webcast
Sutherland will present a live Webcast, Patronage Capital Litigation, for electric cooperatives nationwide on Tuesday, November 5, 2013, from 1:00-2:30 p.m. EST. The Webcast will cover the ...
Bullock v. BankChampaign (June 12, 2013)
Emory Law Faculty Colloquium
Georgia Appellate Practice (March 1, 2013)
Institute on Continuing Legal Education in Georgia
Georgia's New Evidence Rules (December 12, 2012)
The Atlanta Bar Association CLE by the Hour
On December 12, 2012, Sutherland Partner Thomas M. Byrne is presenting a CLE on Georgia’s New Evidence Rules at The Atlanta Bar Association CLE by the Hour. The new Georgia Evidence Code was signed ...
Georgia's New Evidence Code (November 9, 2012)
Institute of Continuing Legal Education in Georgia
On November 9, 2012, Sutherland Partner Thomas M. Byrne is presenting at the Institute of Continuing Legal Education in Georgia’s seminar on Georgia’s New Evidence Code. Tom’s presentation focuses on ...
Advanced Debt Collection Seminar (February 23, 2012)
Institute of Continuing Legal Education in Georgia
On Thursday, February 23, 2012, at the State Bar of Georgia Headquarters, Sutherland Asbill & Brennan LLP Partner Thomas M. Byrne is speaking at the Advanced Debt Collection seminar. At 11:15 a.m. ...
Introduction to the New Georgia Evidence Code (October 26, 2011)
Institute of Continuing Legal Education in Georgia
Sutherland Partner Thomas M. Byrne will preside over Introduction to the New Georgia Evidence Code at the Institute of Continuing Legal Education in Georgia program on October 26, 2011, in Atlanta. ...
Publications
“Collaborating with clients means listening carefully to what they want and advising them accordingly-not giving them things they don’t want and presenting them with a bill for it.”
Legal Alerts
Legal Alert: Dialing In - TCPA top issues to watch in 2020 (January 29, 2020)
Companies in consumer-facing industries face a continued barrage of lawsuits under the Telephone Consumer Protection Act (TCPA). In 2019, TCPA lawsuits remained one of the most commonly filed type of ...
Legal Alert: 2019 Legislative roundup - Federal TRACED Act and state laws aimed at combating robocalls (January 14, 2020)
2019 saw an effort by both Congress and various state legislatures to reduce the volume of robocalling and “spoofed” calls. Robocalls are pre-recorded calls placed through automated dialing equipment ...
Faxing in the digital age-FCC’s Consumer and Governmental Affairs Bureau finds that faxes sent to online fax services do not violate the TCPA (January 7, 2020)
On December 9, 2019, the Federal Communications Commission (FCC or Commission)1 released a declaratory ruling2 in which it found that online fax services that receive unsolicited fax advertisements ...
Nobody knows what an autodialer is under the Telephone Consumer Protection Act - and that’s a problem (November 5, 2019)
More than a year has passed since the Federal Communications Commission (FCC) ended its supplemental comment period aimed at providing guidance on the definition of an “automatic telephone dialing ...
Update - Who’s calling the Hoosiers? Indiana’s amended telephone solicitations law unlikely to apply to broker-dealers and investment advisers (October 17, 2019)
On September 24, 2019, in response to a request for clarification by certain industry groups, the Indiana Attorney General’s Office issued a Memorandum of Legal Guidance (the “MLG”) confirming that ...
Legal Alert: Who’s calling the Hoosiers? Indiana amends its telephone solicitations law (September 19, 2019)
Insurance companies that do business in Indiana may be concerned that they are now required to register as a telephone solicitor with the Indiana Attorney General’s Office as a result of legislation ...
Legal Alert: One and done? Courts split over whether a single text message is actionable (September 10, 2019)
Does receipt of a single unsolicited text message amount to an “injury in fact” sufficient to establish Article III standing to bring a Telephone Consumer Protection Act (TCPA) lawsuit? The Eleventh ...
Deference or preference - looking ahead at the impact of the US Supreme Court’s indecision on questions of agency authority (August 8, 2019)
The Telephone Consumer Protection Act (TCPA) is one of the most frequently litigated statutes, spurring individual, and more often, national class action litigation. The pace at which new TCPA suits ...
Legal Alert: Supreme Court rejects class-action counterclaim removal (May 29, 2019)
The Supreme Court yesterday rejected a counterclaim defendant’s attempt to remove a would-be class action to federal court, holding that even where that defendant, Home Depot, was not an original ...
Legal Alert: Lights out for class arbitration - Lamps Plus holds that class arbitration cannot be read into ambiguous arbitration clauses (May 1, 2019)
Consistent with prior US Supreme Court opinions, the Supreme Court held on April 24, 2019, that contractual ambiguity regarding class arbitration may not be construed against the drafter because of ...
Articles
Eversheds Sutherland presents annual Industrial Foresight Report 2020 (February, 2020)
In collaboration with Eversheds Sutherland Managing Partner Dr. Matthias Heisse .
Our global Diversified Industrials sector team are proud to present our annual Industrial Foresight Report 2020. This report identifies key risks, legislation and commercial developments your company ...
REDIAL: 2019 TCPA Year-in-Review - Analysis of Critical Issues and Trends in TCPA Compliance and Litigation (February 11, 2020)
Eversheds Sutherland is pleased to send you its sixth annual REDIAL: 2019 TCPA YEAR-IN-REVIEW - ANALYSIS OF CRITICAL ISSUES AND TRENDS IN TCPA COMPLIANCE AND LITIGATION. Inside this digital edition, ...
REDIAL: 2018 TCPA Year-in-Review - Analysis of Critical Issues and Trends in TCPA Compliance and Litigation (February 5, 2019)
Eversheds Sutherland is pleased to send you its fifth annual REDIAL: 2018 TCPA YEAR-IN-REVIEW - ANALYSIS OF CRITICAL ISSUES AND TRENDS IN TCPA COMPLIANCE AND LITIGATION. Inside this digital edition, ...
Class Actions - Eleventh Circuit Survey 2017 (2018)
69 Mercer Law Rev. 1065
During 2017, the United States Court of Appeals for the Eleventh Circuit continued to address a familiar set of recurring issues in contemporary class action law, including the scope of jurisdiction ...
Another Bankruptcy Discharge Case Before High Court (February 7, 2018)
Law360
The government’s once-sterling record of victories in bankruptcy cases before the Supreme Court has been dinged in recent years, but the odds still would have to favor the side the government takes. ...
REDIAL: 2017 TCPA YEAR-IN-REVIEW - ANALYSIS OF CRITICAL ISSUES AND TRENDS IN TCPA COMPLIANCE AND LITIGATION (January 31, 2018)
The Eversheds Sutherland TCPA team has published its fourth annual REDIAL: 2017 TCPA YEAR-IN-REVIEW - ANALYSIS OF CRITICAL ISSUES AND TRENDS IN TCPA COMPLIANCE AND LITIGATION. This publication ...
Dialing-In: TCPA Hot Issues for 2017 (January 25, 2017)
Sutherland's TCPA Team has identified the hot issues that set the stage for the Telephone Consumer Protection Act in 2017. The more significant issues include:Will the FCC's Omnibus Order ...
REDIAL: 2016 TCPA YEAR IN REVIEW - ANALYSIS OF CRITICAL ISSUES AND TRENDS (January 18, 2017)
The Eversheds Sutherland TCPA team has published its third annual REDIAL: 2016 TCPA YEAR IN REVIEW - ANALYSIS OF CRITICAL ISSUES AND TRENDS. This publication reflects our in-depth analysis of ...
Class Actions - Eleventh Circuit Survey 2015 (2016)
67 Mercer Law Review 841
The United States Court of Appeals for the Eleventh Circuit encountered some of the most controversial issues in class action law during 2015. In their article for Mercer Law Review, Sutherland ...
Dialing-In: TCPA Hot Issues for 2016 (January 28, 2016)
Sutherland’s TCPA Team has identified a number of hot topics that set the stage for the Telephone Consumer Protection Act in 2016. The more significant issues include:Will the FCC's Omnibus ...
