A company or individual who comes under criminal investigation must be able to respond immediately and intelligently so that important rights are not forfeited or waived. As former state and federal prosecutors, firm founders Mark A. Byrne and Daniel V. Nixon know how to respond quickly and effectively when the government comes knocking. They know adult and juvenile state and federal criminal law and procedure, including how prosecutors use grand juries. They have the ability and experience to get the best possible results in the toughest of criminal matters. Over the years, they have successfully represented clients in all stages of state and federal criminal matters throughout California, from minor infractions to misdemeanors and serious felonies, including:

• Antitrust violations
• Arson
• Bank Fraud
• Campaign Money Laundering 
• Computer and Internet Fraud
• Conspiracy
• Counterfeiting
• Credit Card Fraud
• Defense Procurement Fraud
• Driving Under the Influence 
• Election Fraud
• Embezzlement
• Extortion
• FDA / Government Fraud
• Forgery
• Health Care Fraud
• Import / Export / Customs violations
• Mail Fraud
• Money Laundering
• Public Corruption
• Securities Fraud / Insider Trading
• Smuggling
• Tax Fraud
• Theft
• Trade Secrets violations
• Vehicular Manslaughter
• Wire Fraud
  

Grand Jury Investigations - Federal and State

The grand jury is an effective tool used by prosecutors to investigate criminal cases and return indictments against individuals and companies alleged to have committed crimes. Federal prosecutors routinely, and almost exclusively, use grand juries to compel document production and testimony in the context of almost total secrecy. Recently, state prosecutors also have been using the grand jury to investigate certain crimes, including white collar crimes. We have extensive grand jury experience both as federal and state prosecutors and as defense counsel. We understand the complex issues clients face, whether individuals or corporations, when categorized as a witness, subject, or target of a grand jury's investigation. Our experience with, and understanding of federal and state grand juries, and how prosecutors use them, positions us to effectively represent our clients' interests.

• Internal Investigations

  Internal investigations can be a very important tool in uncovering employee misconduct, protecting a company against spurious allegations, or responding to allegations of wrongdoing. We routinely represent companies who are the victims of crime, including internal theft, embezzlement, computer hacking, and trade secret theft. We also represent companies and their officers and employees who may be involved in criminal activity. In addition, we represent companies, their officers and employees against whom allegations of misconduct have been made, including allegations of sexual harassment, wrongful termination, and discrimination. We have experience conducting internal investigations in the following areas:

  • Computer hacking
  • Criminal and civil tax investigations
  • Discrimination
  • Embezzlement
  • Fraud
  • Government contracting
  • Grand jury proceedings
  • Health care fraud
  • Internal theft
  • Job-related complaints
  • Public corruption
  • Sexual harassment
  • Substance or alcohol abuse
  • Trade secret theft
  • Unfair treatment
    
• Corporate Compliance Programs

  A well-designed compliance plan can serve many purposes, including as a prophylactic measure to keep a corporation out of trouble, and as a way to minimize liability if misconduct already has occurred. At Byrne & Nixon LLP, we advise corporations, including non-profit corporations, on the development and maintenance of corporate compliance programs. We bring credibility and experience to the practice because, as former prosecutors, we understand the nuts and bolts of good corporate compliance programs and how they will be viewed by the legal system. We provide representation on a broad array of compliance efforts, including:

  • Reviewing, auditing and monitoring existing compliance programs
  • Conducting legal reviews of high-risk areas
  • Advising on all aspects of document retention policies
  • Developing compliance infrastructure
  • Drafting and updating codes of conduct and employee manuals
  • Designing and conducting compliance training and education programs
  • Implementing compliance reporting mechanisms
  • Recommending disciplinary guidelines
    
• Business and Commercial Litigation

  We handle a broad array of civil litigation matters, focusing on business and commercial litigation. Unlike most civil litigators, we have extensive trial experience in federal and state court - our lawyers have tried more than 100 jury trials to verdict - so when other lawyers may balk at going to trial because of their inexperience, we welcome the challenge where trial is in our clients' best interests. We have experience handling the following types of civil disputes:

  • Breach of Fiduciary Duty and Fraud
  • Breach of Non-Compete and Confidentiality Agreements
  • Business Fraud
  • Civil Rights violations
  • Commercial/Contract Disputes
  • Constructive Trusts
  • Copyright and Trademark Infringement actions
  • Environmental Claims involving RCRA, CERCLA, and the Clean Water Act
  • Involuntary Dissolution proceedings
  • Labor and Employment Litigation
  • Leases
  • Partnership and Shareholder disputes
  • Real Estate disputes, including Specific Performance actions
  • Receiverships
  • Securities Fraud
  • Sexual Harassment
  • Shareholder Derivative suits
  • Trust disputes
  • Writs of Attachment
    
• Civil and Administrative Regulatory Actions

  We regularly represent corporations, individuals, and other organizations before a broad range of governmental agencies. We have experience handling cases involving:

  • Antitrust investigations
  • Audits
  • Consumer Protection investigations
  • Customs investigations
  • Department of Corporations investigations
  • Department of Insurance investigations
  • Department of Motor Vehicle administrative hearings
  • Environmental Law violations involving RCRA, CERCLA, and the Clean Water Act
  • False Advertising claims
  • Federal Campaign Contribution Laws
  • Regulatory administrative proceedings
  • Tax investigations
  • Weights and Measures investigations
    
• Election, Campaign, and Political Law

  Our firm routinely advises corporations, non-profits, trade associations, political candidates, political groups, and other individuals on compliance with the laws regulating the activities of those participating in election campaigns, holding public office, and/or lobbying government. Issues include:

  • Brown Act compliance
  • Political campaigns
  • Campaign finance regulation
  • Ethics regulation
  • Lobbying registration and requirements
  • Voting registration
  • Political Action Committee (PAC) administration and solicitation
    
• Environment Law

  Our lawyers have experience representing individuals and companies in connection with criminal, civil, and regulatory environmental matters, including alleged violations of hazardous waste disposal, transportation of hazardous materials, RCRA, CERCLA, and the Clean Water Act.

• Health and Healthcare Law

  In handling our litigation responsibilities, our attorneys work closely with our health care clients and have broad experience in a wide range of issues facing hospitals, clinics, HMOs, nursing homes, assisted living facilities, and other organizations. Areas of practice include:

  • Billing and Coding issues
  • Employment issues
  • Governmental regulation and investigation
  • Internal policies and procedures
  • Regulatory and administrative compliance issues
    
• State Bar Proceedings

  Our firm advises and represents individuals and law firms in connection with California State Bar matters, including depositions, investigations, court proceedings, and disbarment proceedings.

• Tax Litigation

  We have experience advising taxpayers in adversary proceedings at both the audit level and in litigation involving the Internal Revenue Service (IRS) and state and local taxing authorities. We provide representation for clients in civil controversies before auditors, appeals boards, the United States Tax Court, and IRS tax collection matters. Practice areas include:

  • Criminal Tax Defense
  • IRS Seizures
  • Liens and Levies
  • Tax Appeals
  • Tax Court Litigation

Byrne & Nixon LLP
Lawyers
800 West 6th Street
Suite 430
Los Angeles, California 90017
Telephone: (213) 620-8003
Fax: (213) 620-8012
Email: markbyrne@byrnenixon.com
danielnixon@byrnenixon.com