Robert L. Byer

concentrates his practice in appellate and legal issues litigation . Mr. Byer is a former judge of the Pennsylvania Commonwealth Court and Pennsylvania Court of Judicial Discipline.

As an appellate lawyer, Mr. Byer has argued or briefed over 250 appeals in the United States Courts of Appeals for the Third, Fifth, Seventh, Eighth, Ninth, Eleventh, District of Columbia and Federal Circuits, the Pennsylvania appellate courts and the appellate courts of California, Maryland and Washington. He also has briefed and worked on appeals in the United States Supreme Court. His appellate work and legal-issues litigation experience covers a wide range of legal areas, including corporate governance, intellectual property, administrative agency law, tax cases, Constitutional law, real estate and land use regulation, insurance coverage, contracts, professional liability, products liability and toxic torts .

In addition to his work as an appellate lawyer, Mr. Byer brings to Duane Morris LLP a wealth of experience in complex civil and intellectual property litigation. He also advises major corporations on issues related to commercial contracts, corporate governance, corporate compliance (including export control and political contribution and lobbying issues), dispute resolution, ethics and internal investigations.

Mr. Byer is a fellow of the American Academy of Appellate Lawyers and a member of the American Law Institute. He is a former member of the Lawyers Advisory Committee of the United States Court of Appeals for the Third Circuit and a founding member of the Third Circuit Bar Association. He is currently in his fourth term as a member of the Pennsylvania Supreme Court's Appellate Court Procedural Rules Committee, and he chaired that committee for five years. Mr. Byer has served two terms as Chair of the Pennsylvania Bar Association Civil Litigation Section and served for 15 years in the Pennsylvania Bar Association House of Delegates. He is a former adjunct faculty member at Duquesne University School of Law, where he taught advanced courses on civil procedure, and The National Judicial College, where he taught courses on judicial review of administrative agency adjudications. In 2018, The Legal Intelligencer gave Mr. Byer its Lifetime Achievement Award. He also is listed in Best Lawyers in America (Appellate and Commercial Litigation), Pennsylvania Super Lawyers (Appellate), and Super Lawyers, Corporate Counsel Edition (Appellate). Best Lawyers also named Mr. Byer a Pittsburgh Appellate Lawyer of the Year in 2011, 2016 and 2020.

Mr. Byer is the author of a treatise on Pennsylvania civil practice and has authored chapters in the Third Circuit Appellate Practice Manual (PBI, 3d ed. 2016) and A Practitioner's Guide to Appellate Advocacy (ABA 2010). He also is the author of numerous published articles, monographs, and course materials on various legal topics. He has been a speaker at seminars and continuing legal education programs throughout the United States.

Mr. Byer is a graduate of the University of Pittsburgh (J.D., 1977; editor, University of Pittsburgh Law Review; B.A., magna cum laude, 1973). He engaged in post-graduate studies at Harris Manchester College, Oxford University.

Resume

Experience

•Duane Morris LLP
- Partner, 2006-present
•Kirkpatrick & Lockhart Nicholson Graham LLP
- Partner, 1992-2006
•Pennsylvania Court of Judicial Discipline
- Judge, Gubernatorial Appointee, 1997-2001
•Commonwealth Court of Pennsylvania
- Judge, 1990-1992
•Eckert Seamans Cherin & Mellott
- Partner, 1985-1990
- Associate, 1977-1984

Honors and Awards

•Acritas Star lawyer, 2020
•Listed in Pennsylvania Trailblazers by The Legal Intelligencer, 2019

•Named a Top Rated Lawyer in Appellate Law by The American Lawyer, 2018

•Presented with 2018 Lifetime Achievement Award by The Legal Intelligencer

•fellow, American Academy of Appellate Lawyers
•American Law Institute, Elected Member

•Named a Lawyer of the Year in Appellate Practice-Pittsburgh by The Best Lawyers in America, 2011, 2016 and 2020

•Listed in The Best Lawyers in America for Appellate Law, Bet-the-Company Litigation, and Commercial Litigation, 2006-2020

•Listed in the 2015 Edition of Pittsburgh's Best Lawyers
•Listed in Pennsylvania SuperLawyers, Appellate
•Listed in Super Lawyers Corporate Counsel Edition, Appellate
•United States Court of Appeals for the Third Circuit, Lawyers' Advisory Committee (appointed as nominee of Third Circuit Judges stationed in the Western District of Pennsylvania), 2005-2009
•Chair of Pennsylvania Supreme Court Appellate Court Procedural Rules Committee, 1994-1998; member, 1987-1991, 1992-1994, 2009-
•fellow, Academy of Trial Lawyers of Allegheny Court, 1986-1997
•Chair of Civil Litigation Section, Pennsylvania Bar Association, 1989-1991
•Outstanding Young Lawyer of 1987 Award (awarded by Allegheny County Bar Association, Young Lawyers Section for leadership and service to the legal profession and his community )
•Chief Justice of Pennsylvania's Advisory Committee on Comprehensive Education, Subcommittee on Appellate Judges Education, 1988
•Advisory Committee for the Study of Rules of Practice, United States District Court for the Western District of Pennsylvania
•AV Preeminent Peer Review Rated by Martindale-Hubbell

Board Memberships

•American Jewish Committee
- Board of Directors, Pittsburgh Chapter, 1996-1999

Civic and Charitable Activities

•Duquesne University Law School
- Adjunct Professor, 1995-2000
•National Judicial College
- Faculty, 1992-1995
•Pennsylvania Election Reform Task Force, 2004
•Commonwealth of Pennsylvania, Office of Attorney General
- Transition Team, 1996-1997

Publications

Selected Publications

•Co-author, Pennsylvania Supreme Court Review in McCloskey Could Have Far-Reaching Effects on Administrative Deference, Duane Morris Alert, April 16, 2020
•Co-author, Pipeline Developers Beware: Third Circuit Disallows Eminent Domain Over State Lands Under Natural Gas Act, Pratt's Energy Law Report, January 2020

•Interviewed in Judges, The Campaign Trail And The Problems That Follow, Law360, November 7, 2019

•Quoted in Should Amazon Pay Workers Waiting for Security Screenings? 6th Circuit Asks SCOPA to Decide, The Legal Intelligencer, November 5, 2019

•Co-author, Pipeline Developers Beware: Third Circuit Disallows Eminent Domain Over State Lands Under Natural Gas Act, Duane Morris Alert, September 25, 2019

•Quoted in Pennsylvania Cases To Watch In 2019, Law360, January 1, 2019

•Quoted in Pennsylvania Powerhouse: Duane Morris, Law360, August 29, 2018

•Quoted in The Biggest Pa. Appellate Rulings of 2018: Midyear Report, Law360, July 12, 2018

•Quoted in Persky Recall Was a 'Perfect Storm.' But Did It Give Future Recall Advocates a Road Map? Law.com, June 7, 2018

•Quoted in Pennsylvania Powerhouse: Duane Morris, Law360, September 27, 2017
•Quoted in Strong Pa. Business Base Helps Powerhouse Firms Thrive, Law360, September 25, 2017
•Mentioned in Third Circuit Affirms Interest On NFLer's Island-Buy Restitution, Law360, September 7, 2016
•Quoted in Pennsylvania Powerhouse: Duane Morris, by Matt Fair, Law 360, June 17, 2015
•Profiled in High Praise for Special Counsel to Troubled Pa. High Court, The Philadelphia Inquirer, October 27, 2014
•Co-author, 'Every Breath' of Asbestos Is Not a Substantial Factor in Pennsylvania, Duane Morris Alert, May 25, 2012; republished in Law360, June 20, 2012
•Co-author, Religious Worship Services After-Hours in School Facilities Prohibited by NYC Rule and Sustained by Second Circuit, Duane Morris Alert, June 14, 2011
•Co-author, Supreme Court Sets Stage for Skirmish on Price Impact and Securities Class Certification, Duane Morris Alert, June 10, 2011
•Quoted in Pennsylvania Supreme Court Clarifies Attorney-Client Privilege by Geoff Yuda, The Pennsylvania Lawyer, May/June 2011
•Quoted in Attorney-Client Privilege a Two-Way Street, State Supreme Court Rules, The Legal Intelligencer, February 25, 2011
• May I Appeal? Basics of Appellate Jurisdiction and Writ Relief, (Chapter 5, Third Circuit Appellate Practice Handbook, Second Edition) (Pennsylvania Bar Institute, 2010) (co-authored with J. Nicholas Ranjan)
• Significant Variations Among the Circuits - Third Circuit Practice, (Chapter 19, A Practitioner's Guide to Appellate Advocacy) (American Bar Association, 2010) (co-authored with Robert M. Palumbos and Kristina Caggiano)
•Modern Pennsylvania Civil Practice, (co-authored with Mark A. Nordenberg, and W. Edward Sell, University of Pittsburgh School of Law) (2 volumes) (Geo. T. Bisel Co., 1995)
•Book Review: Business & Commercial Litigation in Federal Courts (2d. Ed. 2005), The Pennsylvania Lawyer, May/June 2010 (Vol. 32, No. 3), p. 12
•Protests and Judicial Review in Public Contracting in Pennsylvania, Pennsylvania Bar Institute 2009-5780
•Matching Advocacy to Audience: Differences Between Intermediate Appellate Courts and Courts of Last Resort - Brief Writing - The Judicial Perspective, American Bar Association Council of Appellate Lawyers, 2008
• Appellate Jurisdiction - Appealable Orders, in The Nuts and Bolts of Appellate Advocacy, Pennsylvania Bar Institute, 2007 (co-authored with Kristen W. Brown)
• Appealable Orders Under the Pennsylvania Rules of Appellate Procedure, in Appellate Practice & Procedure in Pennsylvania Courts, Pennsylvania Bar Institute, 2006 (co-authored with David J. Miller)
•Judicial Review of Non-Judicial Arbitration, Pennsylvania Bar Institute, 2006 (co-authored with Paul J. Berks)
• A View From Both Sides of the Court: A Personal Essay on Appellate Practice to Appellate Bench and Back, 2005 The Appellate Advocate, Issue No. 1, p. 13
• The Standby Letter of Credit: A More Sensible Supersedeas Security, 2004 The Appellate Advocate, Issue No. 3, p. 14 (co-authored with Thomas C. Ryan)
•Ethics For Appellate Judicial Staff (Course materials for ethics seminars sponsored by Pennsylvania Superior Court for law clerks and other staff of all three Pennsylvania appellate courts), 2004
•Double Vision: Perspectives on Appellate Advocacy From Both Sides of the Bench in Appellate Advocacy in the Pennsylvania Courts, Pennsylvania Bar Institute, 2004

Speaking Engagements

Selected Speaking Engagements

•Panelist, Ethics on Appeal, Philadelphia Bar Association, Philadelphia, December 10, 2019

•Speaker, Appellate Review, Federal Practice Institute, Pittsburgh, October 25, 2019

•Speaker, Advanced Appellate Advocacy in the Pennsylvania Courts, Pennsylvania Bar Institute, April 15, 2019

•Moderator, American Academy of Appellate Lawyers Spring Meeting, Philadelphia, April 12, 2019

•Speaker, Recent Developments and Trends in United States Litigation, International Bar Association Insurance Committee Meeting, London, March 21, 2019

• Collaboration Between Trial and Appellate Counsel: A Path to Litigation Success, Duane Morris Alumni CLE, October 26, 2017

•Panelist, Advanced Appellate Advocacy: Presenting Complex Appeals in the PA Courts, Pennsylvania Bar Association CLE program, March 31, 2017
•Speaker, 5th Annual U.S. Supreme Court Roundup, PBI Seminar, Philadelphia, August 24, 2016
•Speaker, Who Wants to Be a Supreme Court Justice: 2015 Pennsylvania Appellate Court Elections, Pennsylvania Business Council Education Foundation's Legal Summit: Law & Policy Update, Pittsburgh, Pennsylvania, October 21, 2014; Philadelphia, Pennsylvania, October 30, 2014
•Speaker, U.S. Supreme Court 2013-14 Term: Review the Top Cases and Preview the Top Cases to be Argued in 2014, Pennsylvania Bar Institute, Pittsburgh, August 26, 2014
•Speaker, Pennsylvania Supreme Court Justice Debra Todd, U.S. Court of Appeals Judge D. Brooks Smith and U.S. District Court Senior Judge Norma Shapiro hear a mock argument and discuss First Amendment issues at a Sept. 12, 2013 CLE program, Philadelphia Bar Association, Philadelphia, September 12, 2013
•Speaker, First Amendment Issues and Competing Considerations in Public Schools' Regulating Off Campus Conduct of High School Students, Pennsylvania Bar Institute, Philadelphia, September 12, 2013
•Speaker, Oral Argument From the Inside Out, Bench-Bar & Annual Conference, Atlantic City, October 7, 2012
•Speaker, What Trial Lawyers Can Learn from Appellate Lawyers: Effective Appellate Advocacy Actually Begins at Trial, ALI-CLE Video Webcast, October 4, 2012
•Co-Speaker, Boilerplate Clauses in Contracts: Use at Your Own Risk, Pennsylvania Bar Institute, PBI Professional Development Conference Center, Philadelphia, June 27, 2012
•Speaker, Preserving Issues at Trial and on Appeal, Allegheny County Bar Association, Pittsburgh, December 15, 2011
•Speaker, Must I, May I, Should I: Primer on When to Appeal, Philadelphia Bar Association's Bench-Bar and Annual Conference, Atlantic City, New Jersey, October 15, 2011
•Panelist, Effective Appellate Briefs, Allegheny County Bench Bar Conference, Seven Springs, Pennsylvania, June 17, 2011
•Panelist, What In-House Counsel Need To Know About The Changing Landscape In Litigation: Experienced Lawyers Report From The Front Lines, DELVACCA 3rd Annual In-House Counsel Conference, Philadelphia, April 7, 2011
•Speaker, Watch Out for the Waives: A Late-Summer CLE on How Good Lawyers Waive Good Arguments on Appeal, Third Circuit Bar Association and Federal Practice Committee of the Pennsylvania Bar Association CLE program, Pittsburgh, Pennsylvania, August 25, 2010
•Speaker, Third Circuit Review of Cases 2009, Moderator, Allegheny County Bar Association, Pittsburgh, Pennsylvania, May 21, 2009
•Speaker, Public Contracting in Pennsylvania 2009, Pennsylvania Bar Institute, Harrisburg, Pennsylvania, April 2, 2009

•Speaker, Beyond the Library at Thomson Reuters-West National Program, Life Beyond the Library, Phoenix, Arizona, February 6, 2009

•Speaker, Matching Advocacy to Audience: Difference Between Intermediate Appellate Courts and Courts of Last Resort, Appellate Judges Education Institute Summit, Scottsdale, Arizona, November 14, 2008
•Speaker, Appeals in the Time of Cholera, Pennsylvania Bar Institute, Philadelphia, Pennsylvania, September 25, 2008
•Speaker, Winning Your Case on Appeal, Pennsylvania Bar Institute, Philadelphia, Pennsylvania, November 9, 2007
•Panelist, Appellate Advocacy, Philadelphia Bar Association Bench Bar Conference, Atlantic City, New Jersey, September 29, 2007
•Speaker, Practical Pretrial, Pennsylvania Bar Institute seminar, Pittsburgh, Pennsylvania, September 24, 2007; Philadelphia, Pennsylvania, September 27, 2007; Mechanicsburg, Pennsylvania, October 3, 2007
•Faculty member and speaker, The Nuts and Bolts of Appellate Advocacy, Pennsylvania Bar Institute program, Philadelphia, Pennsylvania, February 6, 2007; Mechanicsburg, Pennsylvania, February 8, 2007; and Pittsburgh, Pennsylvania, February 13, 2007
•Speaker, Novartis Corporation's Americas Lawyers meeting, Livingston, New Jersey, June 7, 2006.
•Speaker, Don't Slip on Appeal, Pennsylvania Bar Association Civil Litigation SectionRetreat, April 30, 2006