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Foley Adds White Collar Litigator and Former Federal Prosecutor Byron McLain in Los Angeles

27 November 2018

Foley & Lardner LLP announced today that Byron McLain has joined the firm’s Government Enforcement Defense & Investigations Practice as a partner in its Los Angeles office. McLain joins Foley after six years as a federal prosecutor in the U.S. Attorney’s Office (USAO) for the Central District of California, most recently as Deputy Chief of the General Crimes Section, where he directly supervised more than 25 Assistant U.S. Attorneys and hundreds of investigations.

Prior to serving as Deputy Chief, McLain spent five years as an Assistant U.S. Attorney in the USAO’s Major Frauds and General Crimes Sections of the Criminal Division, where he investigated and prosecuted white collar crime, with an emphasis on health care, movie investment, mortgage, securities and tax frauds. He tried eight criminal cases to a jury verdict, argued two successful appeals before the Ninth Circuit Court of Appeals, and negotiated plea agreements in a variety of criminal cases, from securities law violations to obstruction of justice. He also served as the office’s Health Care Fraud Coordinator, evaluating health care-related False Claims Act civil claims, coordinating the USAO’s annual national sweep of health care criminal cases, and identifying its top priority cases in the areas of home health care, hospice, prescription drugs and skilled nursing facilities.

“Byron’s impressive understanding of Department of Justice matters and priorities, particularly in the area of health care, will further strengthen our distinguished bench of former federal prosecutors and government enforcement defense advocates,” said Lisa Noller, chair of Foley’s Government Enforcement Defense & Investigations Practice. “Byron enhances Foley’s team of experienced and insightful litigators who worked at the U.S. Attorney’s Office. He, too, will be invaluable to our attorneys and clients, and we are delighted to welcome Byron to the firm.”

Before joining the USAO, McLain was a litigation attorney in Los Angeles, where he represented clients in a variety of complex criminal and civil matters. His private practice experience included drafting briefs in matters before the U.S. Supreme Court, the Ninth Circuit Court of Appeals and the U.S. district courts, deposing witnesses, negotiating settlement agreements, and drafting and arguing motions in limine before district court judges.

McLain earned his bachelor’s degree from Harvard University and his law degree from Harvard Law School. He is active in the legal community and currently serves as a member of the Los Angeles County Bar Association’s Judicial Nominations Committee, where he evaluates candidates for superior court judgeships in Los Angeles. In January 2019, McLain also will be the president of the Los Angeles-based John M. Langston Bar Association, which is the largest and oldest African-American organization of lawyers, judges and law students in the western United States.

“Byron possesses incredibly diverse experience on the front lines of civil and criminal enforcement,” said Jeffery Atkin, managing partner of Foley’s Los Angeles office. “His solid reputation combined with his high-level government and private practice experience make him an excellent addition to our robust team of litigators here in L.A. and nationally. We are pleased to welcome Byron to the firm as our newest partner."