Byron J. McLain

Partner

Overview

Byron J. McLain is a partner and litigation lawyer with Foley & Lardner LLP. He is a member of the firm’s Government Enforcement Defense & Investigations Practice.

Prior to joining Foley, Byron was deputy chief of general crimes at the United States Attorney’s Office in Los Angeles, where he co-supervised a training section consisting of as many as over fifty Assistant United States Attorneys, which includes the direct supervision of at least fifteen criminal jury trials. Previously, Byron was an Assistant United States Attorney in the Major Frauds Section and the General Crimes section of the USAO’s Criminal Division, where he investigated and prosecuted white collar crimes. He tried eight criminal cases to jury verdict and delivered two successful oral arguments before the Ninth Circuit Court of Appeals. This trial experience includes cases involving health care fraud, securities law violations, false claims, kickbacks, wire fraud, mail fraud, aggravated identity theft, tax conspiracy fraud, movie investment fraud, obstruction of justice, and illegal immigration. He represented the United States government in district court in over 100 different matters.

Byron served as the USAO’s Healthcare Fraud Coordinator for approximately 6 months before being promoted to a supervisor role. As the Healthcare Fraud coordinator, he evaluated healthcare-related False Claim Act (FCA) civil claims and determined where criminal investigations should be initiated. Byron also coordinated with civil and criminal AUSAs and investigative agencies to identify the USAO’s top priority cases in home health care, hospice, prescription drugs, and skilled nursing facility areas.

Byron also worked with the U.S. Department of Justice’s local Medicare Fraud Strike Force and assisted on the coordination and organization of its annual national sweep of health care criminal cases, focusing on health care professionals and companies.

Formerly, Byron was a civil and white collar defense litigation associate at an international law firm in Los Angeles, where he drafted briefs in matters before the U.S. Supreme Court, Ninth Circuit Court of Appeals, and district courts. Byron often deposed witnesses in civil litigation matters, negotiated settlement agreements before magistrate judges in civil litigation, drafted and argued motions in limine before district court judges, served as client contact on litigation and corporate matters, including presentations to board of directors, coordinated document review teams across multiple offices in complex criminal and civil matters, and served as co-chair of the Diversity Group and member of Professional Development Committees.

Education

Byron earned his law degree from Harvard Law School (J.D., 2007). Byron also received his bachelor’s degree in Economics & Afro-American Studies from Harvard University (A.B., cum laude, 2000), where he completed his thesis titled, “Impact of School-Business Partnerships in Urban Public School Systems.” Byron received the Harvard College Academic Achievement Scholarship, as well as the Roger Annenberg Academic Achievement Scholarship.

Affiliations

Byron will be the 2019 president of the John M. Langston Bar Association, a Los Angeles-based African-American bar organization. Byron is also a board member of the Multicultural Bar Association. In addition, he has been a member of the Harvard Club of Southern California, State Bar of California – Litigation Section, Los Angeles County Bar Association (Judicial Nominations Committee Board Member), Association of Business Trial Lawyers; American Bar Association, Federal Bar Association, Inn of Court, and Jack and Jill, Inc. – Father’s Auxiliary Group. Most recently, Byron was appointed to the Bet Tzedek Legal Services Board of Directors.

Admissions

Byron is admitted to practice in California.

Insights

Supreme Court Maximizes Statute of Limitations for Relators Suing Under the False Claims Act
31 May 2019
Health Care Law Today
New DOJ Guidance on Cooperation in False Claims Act Cases
10 May 2019
Legal News: Government Enforcement Defense & Investigations
Health Care Company Asks U.S. Supreme Court to Find False Claims Act Unconstitutional
09 May 2019
Legal News: Government Enforcement Defense & Investigations
DOJ Announces Changes to the Yates Memo Policy on Individual Accountability
04 December 2018
Legal News: Government Enforcement, Defense & Investigations

A Kickback Discussion on Civil and Criminal Trends in Health Care

25 June 2019
Los Angeles, CA
California Minority Counsel Program Pro Bono Panel: “Doing Good”
15 May 2019
Los Angeles, CA