Byron J. McLain

Byron McLain is a Los Angeles-based litigator and white-collar criminal defense lawyer skilled at helping clients avoid investigations and prosecutions or discretely minimizing the negative impact when they do occur. He is a partner in the firm’s Government Enforcement Defense & Investigations, and Securities Enforcement & Litigation Practices, as well as a member of the Environmental, Social, and Corporate Governance (ESG) Team.

Byron investigates, litigates, and tries complex criminal and civil cases, including those involving government investigations. He also conducts corporate internal investigations, often successfully persuading the government not to pursue investigations of his clients. He is widely recognized for his ability to address clients’ concerns quickly and efficiently, providing concrete solutions addressing not only the legal issues involved, but also the potential impact on a client’s business. He is strongly adept at articulating complex issues in layman’s terms across industries and at humanizing corporate clients, so they are relatable as witnesses during interviews and at trial.

Byron helped me and my fellow Board members navigate some very tricky and sensitive legal issues. I was so impressed with Byron’s ability to relate personally to the employees at our company during meetings and to identify the key issues quickly for analysis. He was very professional and sensitive to protecting our core business interests.

– Bill Nance, Board Chairman of the Audit and Finance, Compensation, and Nominating and Governance Committees, Comstock Mining

As a former federal prosecutor in Los Angeles, Byron has leveraged his extensive knowledge and broad network of relationships to achieve the best results for his clients in a very discrete manner. He also advises clients concerning the distribution and marketing of non-fungible tokens (NFTs) and cryptocurrencies to best avoid these assets from being construed as securities by the Securities and Exchange Commission (SEC). He works closely with the firm’s Health Care, Cannabis, and Sports & Entertainment Industry Teams, and serves as co-chair of the Racial Justice and Equity Practice Group.

Byron has leveraged his extensive knowledge and broad network of relationships to achieve the best results for me and my company. He is also always available whenever I need to discuss legal issues with him at any point of time. Byron also is strongly adept at articulating complex issues in layman’s terms across industries and at understanding the business impact of the legal advice that he provides. Byron is a phenomenal attorney and I recommend him to all of my business colleagues for legal representation.

– Alexi Solit, Managing Partner, Metamatic

Professional Experience

Byron previously served as deputy chief of the General Crimes Section in the U.S. Attorney’s office (USAO) for the Central District of California, where he co-supervised a training section of more than 50 assistant U.S. attorneys. He also served as a prosecutor in the Major Frauds Section of the Criminal Division, where he investigated and prosecuted white collar crime. As a fraud lawyer at the USAO Los Angeles location, he has tried many criminal cases to jury verdict and argued cases before the Ninth U.S. Circuit Court of Appeals. His experience includes navigating criminal and civil allegations concerning health care fraud, securities law violations, false claims, kickbacks, wire and mail fraud, tax conspiracy fraud, movie investment fraud, obstruction of justice, marijuana/cannabis distribution, and Paycheck Protection Program (PPP) loan fraud.

Byron has extensive knowledge of the health care claims and reimbursement industry. He served as the USAO’s health care fraud coordinator, where he evaluated health care-related False Claim Act (FCA) civil claims and determined whether criminal investigations should be initiated. He coordinated with other assistant U.S. attorneys and investigative agencies to identify the USAO’s top priority cases in home health care, hospice, prescription drugs, and skilled nursing facility care. He also worked with the U.S. Department of Justice’s local Medicare Fraud Strike Force and assisted with the coordination and organization of its annual national sweep of health care criminal cases.

When our business was unexpectedly faced with a major legal issue, I immediately reached out to Byron for his legal acumen. He was great! He is a very polished, calm, and confident lawyer who helped my team navigate tricky legal issues quickly and efficiently.

– Cynthia Patton, General Counsel, Verily Life Sciences