Melissa Byroade is a senior associate in the firm’s litigation group. Her practice focuses on international arbitration and complex commercial litigation. Melissa’s broad experience helping companies navigate the challenges and opportunities of a global marketplace includes matters concerning complex contract disputes, environmental law, consumer fraud, bilateral investment treaty protections, the Foreign Sovereign Immunities Act, and the enforcement of arbitration awards and foreign judgments in the United States.
Melissa collaborates with partners to represent sophisticated clients in high stakes disputes, often times guiding non-U.S. clients through the U.S. litigation process, to provide creative, cost effective solutions to their legal and business issues.
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 in connection with testimony of legal experts, including preparing witness statements and hearing testimony.
Lead associate representing Continental Transfert Technique Limited in an action against Nigeria involving the enforcement of an arbitration award and 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 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 multi-million 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.
Senior associate defending a leading Indian consulting firm in a federal court litigation alleging trade secret misappropriation.
Senior associate defending a major manufacturer of football helmets against class action alleging state consumer protection and false advertising claims relating to the performance of the client’s helmets.
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 who sold production to the debtors prior to the bankruptcy, and who sought payment from BP and other companies engaged in financially and physically settled crude oil transactions with the debtors. In June 2013, the Bankruptcy Court recommended that BP’s motion for summary judgment be granted in full.
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 multi-year, multi-million 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.
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 represented JPMorgan Chase & Co. in a multi-billion dollar, multi-district litigation against claims by note holders of a bankrupt healthcare company that the bank breached its duties as indenture trustee.
Melissa has worked on several pro bono immigration matters, and has obtained asylum for several clients. She received the Commitment to Justice award from inMotion in 2010.
Selected to New York Metro Super Lawyers–Rising Stars, 2014-2016.