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Hayden P. O'Byrne

Fax +1.305.358.7095
Based in Miami Florida, Hayden P O’Byrne is an experienced litigator, who has represented the interests of a wide variety of entities and individuals in high-stakes disputes, including deceptive trade practices and unfair competition claims; products liability matters, and all manner of commercial disputes. He also has extensive experience coordinating the defense of significant multi-district class claims. While Mr. O’Byrne has obtained successful outcomes for persons and entities across the country, he is most often called upon to help clients with legal matters in Florida and to counsel clients with existing or contemplated operations in Florida regarding how to reduce their exposure to litigation.

Given his experience in Florida state courts and his familiarity with the Florida legal community, Mr. O’Byrne was appointed by Florida Governor Rick Scott to the Florida Eleventh Circuit Judicial Nominating Commission beginning in January 2017, and became Chairman of the commission in 2018. He was a James Madison Institute Fellow for 2015-2016, and is President of the South Florida Lawyers Chapter of the Federalist Society, the largest chapter in the country outside of Washington, D.C.

Professional Background

Prior to joining K&L Gates, Mr. O’Byrne was at a boutique law firm based in Coral Gables, Florida, where he gained experience in the courtroom. Mr. O’Byrne was in court nearly every week in state and federal courts all across South Florida litigating a variety of complex matters, including community bank litigation (ACH transfers, wires, deposits, UCC preemption, Ponzi schemes, garnishments, etc.), fraudulent transfers, employment matters, and general commercial disputes. Mr. O’Byrne handled the Florida collections litigation for a major furniture company and a variety of South American agricultural interests.

Professional/Civic Activities

  • Chairman, Eleventh Circuit Judicial Nominating Commission
  • President, South Florida Lawyers Chapter of The Federalist Society
  • James Madison Institute Fellow, 2015-2016
  • The Inns of Court Spellman, Hoeveler Chapter
  • The Dade County Bar Association
  • Primary associate on an MDL consisting of eighteen separate warranty/ unfair trade practice class actions related to construction products.
  • Defended major internet retailer with respect to gift card practices and litigation in Florida.
  • Obtained the dismissal with prejudice, of novel new mortgage foreclosure counterclaims and defenses, while representing a national bank.
  • Represented a variety of internet based media, advertising and travel companies with respect to trade practices, unfair competition, consumer claims and litigation.
  • At trial, prevailed on all civil claims against an alleged human trafficking outfit following an unsuccessful criminal prosecution by the United States Department of Justice.
  • Represented a former general counsel accused of computer fraud, hacking and malpractice in federal and state courts, prevailed at every level including on appeal.
  • Defended companies from investment bankers seeking fees for allegedly brokering a multi-national merger, resulting in summary judgment on all claims.
  • While defending a bank client in federal court, discovered plaintiff’s fraud on eve of trial leading to withdrawal of opposing counsel, and sanctions.
  • Won first solo trial, overcoming a nationalization defense.
  • Deposed a former United States Congressman in connection with a multi-million dollar collection matter.