Melissa Byroade represents sophisticated domestic and international clients in high-stakes disputes.  She focuses her practice on international arbitration and complex business litigation.  Melissa’s broad experience helping companies navigate the challenges and opportunities of a global marketplace includes matters involving difficult contract disputes, environmental law, consumer fraud claims, bilateral investment treaty protections, the Foreign Sovereign Immunities Act, and the enforcement of arbitration awards and foreign judgments in the United States.

Melissa is involved in resolving claims that have ranged into the hundreds of millions of dollars.  A New York Super Lawyers “Rising Star,” Melissa is dedicated to providing creative, cost-effective solutions to her client’s legal and business issues.

Melissa is appreciated by clients and colleagues alike for her consistently good judgment, tenacity, strong writing abilities and efficiency.  She frequently works on cross-border disputes in a variety of venues, and helps foreign clients to navigate the pitfalls of U.S. litigation.
 

International Arbitration

Lead associate representing HOCHTIEF AG, a major international construction company, in an arbitration brought against the Republic of Argentina, before the International Centre for Settlement of Investment Disputes. HOCHTIEF’s claims in the arbitration are made pursuant to the bilateral investment treaty between Germany and Argentina. Handled all aspects of the case in relation to the parties’ experts on international law, including preparing witness statements and taking hearing testimony.

Representing Continental Transfert Technique Limited in an action against Nigeria involving the enforcement of an arbitration award and a foreign judgment confirming the award. The court ruled that both the award and the judgment are enforceable, and issued a judgment for approximately $430 million in favor of the client. In continuing proceedings, obtained an unprecedented award of sanctions against Nigeria for failing to comply with post-judgment discovery regarding its assets in the United States.

Lead associate representing an international entertainment technology company in a multimillion-dollar arbitration of a dispute with a Panamanian company concerning the purchase and development of movie theaters in Central America, South America and the Caribbean. Handled all aspects in connection with testimony of legal experts, including preparing witness statements and hearing testimony. The arbitration is being administered by the International Centre for Dispute Resolution.

Preparing an investment treaty claim against a Middle Eastern country as lead counsel for a European client.

Preparing an investor-state claim on behalf of a technology company to recover the value of an expropriated telecommunications concession in South America.
 

Commercial Litigation

Senior associate defending a leading Indian consulting firm in a federal court litigation alleging trade secret misappropriation.

Senior associate on a team that defended a putative class action against a major manufacturer of football helmets alleging state consumer protection and false advertising claims relating to the performance of the client’s helmets.  Obtained favorable settlement following extensive briefing on class certification.

Senior associate representing BP Oil Supply Company in various lawsuits initiated, following the bankruptcy of SemGroup, L.P.  The dispute involves defending BP against claims brought by crude oil and gas producers that sold production to the debtors prior to the bankruptcy, and that sought payment from BP and other companies engaged in financially and physically settled crude oil transactions with the debtors.  The Bankruptcy Court recommended that BP’s motion for summary judgment be granted in full, and the District Court adopted the Bankruptcy Court’s findings.

Senior associate on a team that represented the largest privately held spirits company in the world as a defendant in a complex commercial/IP dispute involving a multiyear, multimillion-dollar exclusive marketing agreement with a major sports franchise.  After extensive discovery and prevailing on numerous discovery motions, successfully negotiated a settlement.

Member of a team that represented U.S., Belgian and French manufacturers against claims brought by the Government of Iraq arising out of the “oil for food” program administered by the United Nations.  Obtained complete dismissal of the claims against the manufacturers.

Member of a team that represented BP Products North America, Inc., in a putative federal court class action and 18 state court cases, brought by over 600 residents of Greenpoint, Brooklyn, alleging in excess of $1 billion in property damages and personal injuries due to a large oil spill.

Member of a team that represented Raymond James Financial and certain of its officers and directors in class action securities fraud claims seeking over $2 billion.  Obtained complete dismissal of action before class certification and prior to discovery.

Member of a team that defended JPMorgan Chase & Co. in a multibillion-dollar, multidistrict litigation brought by note holders of a bankrupt healthcare company that alleged the bank breached its duties as indenture trustee.  Obtained favorable settlements prior to trial.
 

Pro Bono

Selected to New York Metro Super Lawyers–Rising Stars, 2014-2016.