Kevin Byrnes is a skilled litigator with over 35 years of experience representing a wide variety of individual and institutional clients in numerous state and federal civil, criminal and administrative proceedings. Notably, he has tried over 150 cases to juries, and has handled innumerable administrative proceedings before state and federal boards. Mr. Byrnes has also represented private companies and individuals across the globe, including in Germany, Canada, Kenya, Israel, and the Kingdom of Saudi Arabia, who had claims related to actions by American companies and the U.S. Government.
Through his career, he has counseled and assisted clients on matters related to employment, business litigation, creation and development, disability litigation, real property, and issues touching civil rights, constitutional and privacy claims, creating a holistic and unique legal practice.
Most recently, Mr. Byrnes has expanded his practice to support to medical practices and professionals by guiding doctors and other medical professionals, including nurses, nurse practitioners, therapists, social workers and other licensed personnel in employment, business creation, expansion, and management matters and in advising and representing them in criminal, civil and administrative inquiries and proceedings before investigators, law enforcement personnel or the Board of Medicine.
A veteran of the U.S. Navy, Mr. Byrnes also represents active duty and drilling combat veterans, and often works with private groups like the VFW to address issues ranging from medical and psychological treatment for such persons by the VA, private physicians, and employers, to strengthening protections accorded under USERRA, particularly as it relates to drilling reservists, in order to provide military members the same protections as other civil rights laws.
- Represented senior federal and state officials, law enforcement agents, and federal and state employees, in conduct and performance based investigations, whistleblower claims, USERRA based claims and on matters involving race, sex, gender, ethnic, national origin and disability discrimination, in internal Investigations, OIG investigations and in matters before the MSPB, EEOC and federal courts, including appeals to the various Circuit Courts and the Federal Circuit.
- Assisted political appointees, Senior Executive Service Personnel, Congressional and Civil Service personnel in nearly all federal agencies as well as 1811 Series Agents in law enforcement including the FBI, DEA, CIA, DHS and IRS.
- Pursued claims for employees alleging FTCA, defamation, sexual harassment, and Equal Pay Act claims.
- Focuses on Fitness for Duty and Reasonable Accommodation issues, for employees presenting Rehabilitation Act issues and assisted employees in responding to medical examinations and obtaining information from their medical providers for employers.
- Represented private employers in preventing and defending against such claims and has served as conflict counsel on matters involving the CIA and the FBI.
- Assisted individuals and entities, subject to federal administrative, civil, and criminal investigations, including addressing and responding to investigatory; law enforcement and prosecutorial request for information, documents, testimony or statements subpoena compliance, responses to investigatory agencies and law enforcement entities, qui tam issues, privilege assertions and voluntary or compelled appearances before investigators, law enforcement personnel or government attorneys.
Medical Practices + Professionals
- Assisted in the purchase and sale of several medical practices, building and property leasing and purchase arrangements, review of Asset Purchase Agreements and assisting in due diligence, patient confidentiality and HIPAA compliance matters.
- Addressed disputes between parties in contract negotiations, contract compliance and, litigation.
- Helped to navigate shareholder and LLC member disputes, breaches of contract, breaches of fiduciary duty, tortious interference, trade secrets issues; creation, application and violations of employment agreements, including non-compete and non-solicitation agreements, business conspiracy claims.
Business Creation + Development
- Assisted in client business formation, property and equipment leasing and purchasing, zoning and architectural issues, business plans, capital investment, securing loans, identifying locations, lease and purchase options, lines of credit, employment handbooks and agreements, vetting and due diligence, zoning and architectural issues, buildouts, hiring, discipline, and termination issues, supplier disputes.
- Represented individuals in public and educational settings alleging violations of the Americans with Disabilities Act, the Individuals with Disabilities Education Act, and Title IX of the Education Amendments Act.
- Represented clients engaged in disputes with real estate agents, developers, home builders, adjoining property owners and condominiums, on issues related to the construction, and development of property, compliance with building codes, water leakage displacement and mold related issues and litigation over violations of civil rights laws, adverse possession and building expansion.
Civil Rights, Constitutional + Privacy Claims
- Assisted individuals and entities on matters related to FOIA/Privacy Act submissions, responses and litigation resulting from wrongful disclosures of information or a failure to provide information.
- Litigated FTCA and Constitutional Claims for tortious actions and violations of civil liberties, including improper searches and seizures, violation of civil rights under color of law and physical or emotional injury caused by federal or state agents.
- Represented appeals of employment related claims before the various Federal Circuit Courts and has argued before the 4th. 5th. D.C. and Federal Circuit Courts.
- Judge Advocate, U.S. Navy
- Assistant U.S. Attorney, District of Columbia
- Line Attorney, Department of Justice
- Private practice California 1989-1991
- Private practice Virginia, DC 2001-present
- B.A., Clark University, Magna cum laude
- J.D., Catholic University of America, Columbus School of Law
Certifications + Licenses
- Virginia Bar
- District of Columbia Bar
- Massachusetts Bar
- California Bar (Retired)
- U.S. District Court for the Eastern District of Virginia
- U.S. District Court for the District of Columbia
- Federal Circuit
- Fourth Circuit Court of Appeals
- U.S. Court of Appeals for the District of Columbia