We are pleased to announce that one of our attorneys, Tia Lane, has recently completed a 10-week program to earn a Healthcare Law Certificate from Cornell University. This achievement reflects our ongoing commitment to providing our clients with the highest level of service and staying well-informed about the regulations that impact them. Through this program, Tia has deepened her expertise in key areas affecting healthcare providers and institutions such as EMTALA, Stark Law, the False Claims Act, HIPAA, ACA, and ADA compliance, further enhancing her ability to navigate the complex legal landscape of healthcare.
By W. Davis Powell, Esq. and Ren W. Klinovskiy, Esq.
In a landmark ruling issued on June 28, 2024, the Supreme Court overturned Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., a pillar of administrative law for forty years. The Court’s decision in Loper Bright Enterprises v. Raimondo shifts significant power from federal regulatory agencies to courts in interpreting federal law. While the Loper Bright decision does not directly overrule or strike down any existing statutes or regulations, it does clear the way for challenges to a broad swath of legislation and regulations overseen by federal agencies, including those charged with regulating health care providers.
We're thrilled to announce that Sean Byrne has been recognized as a Super Lawyer, while Walker Terry, Tia Lane, Allie Ellmauer, and Ren Warden have been honored as Rising Stars!
This prestigious recognition underscores their exceptional legal prowess, dedication, and commitment to delivering top-notch service to our clients. Their inclusion on these esteemed lists is a testament to their outstanding contributions to the legal profession.
Join us in congratulating Sean, Walker, Tia, Allie, and Ren for this well-deserved acknowledgment of their hard work and expertise!
Stay tuned for more up dates and news on how our team continues to strive for excellence in serving our clients' legal needs.
Byrne Canaan Law is pleased to welcome C. Walker Terry, Esq. to its team of attorneys. Walker Terry has over a decade of litigation experience and now focuses his practice on the defense of health care providers in malpractice actions. He represents physicians, nurses, dentists, nurse practitioners, physician assistants, hospitals, and long-term care facilities in cases across the Commonwealth, as well as in administrative proceedings before state licensing boards. Walker has handled a variety of malpractice claims, spanning a number of medical specialties, in state and federal court.
Practice Areas
Byrne Canaan Law is pleased to welcome Rachel L. (Ren) Warden, Esq. to its team of attorneys. Ren Warden defends healthcare providers in medical malpractice litigation and regulatory matters. Ren prides herself on taking a holistic, person-centered approach to her practice. She centers empathy, dignity, and collaboration as guiding principles in supporting health care providers through some of the most harrowing experiences of their professional and personal lives.
Practice Areas
Byrne Canaan Law is pleased to welcome Tia-Marie Lane, Esq. to its team of attorneys. Tia-Marie "Tia" Lane devotes her practice to defending medical professionals and entities in malpractice disputes across Virginia. She prides herself in supporting health care providers through every step of the litigation process with open communication and collaboration. Before joining Byrne Canaan Law, Tia represented medical professionals and entities at another medical malpractice firm in Virginia, and also previously defended insurance carriers and employers in workers’ compensation actions and premises liability and auto litigation. She has tried cases in General District and Circuit Courts throughout Virginia.
Practice Areas
Tony Cottone has been an attorney at Byrne Canaan Law since its founding. He is a passionate litigator who specializes in all areas of health law, including medical malpractice suits, administrative investigations and hearings, and general liability litigation. Tony is truly dedicated to achieving the best results for his clients and counseling them through difficult times. About his promotion, Tony says, “I’m honored to be named Partner at Byrne Canaan Law and consider it a privilege to continue working with such a talented team, serving so many fantastic and deserving clients. Byrne Canaan Law is tremendously important to me, and I am excited for our future.” Byrne Canaan Law is thrilled to promote Tony to Partner in recognition of his hard work, dedication, and stellar achievements.
Suzanne Lim is an accomplished healthcare attorney who began her career as a litigator before honing her expertise in the areas of administrative law, regulatory compliance, and licensing matters. Suzanne also established the firm’s guardianship practice. She is a long-valued member of the Byrne Canaan Law team and an indispensable advocate for her clients. Says Suzanne of her promotion, “For me, being named a Partner of Byrne Canaan Law is an exceptional honor. Most importantly, though, it is an opportunity to continue the work that I am passionate about – providing excellent service to our clients and expanding those services to additional areas where our healthcare clients need guidance and counsel.” Byrne Canaan Law is thrilled to promote Suzanne to Partner in recognition of her skill, commitment to excellence, and expertise in the practice of health law.
On November 29, 2022, the Court of Appeals ruled in English v. Quinn that the Supreme Court of Virginia’s COVID-19 Emergency Orders extended the statute of limitations in all cases, not just those whose statute of limitations expired during the period of the Judicial Emergency. The question before the Court was whether the Supreme Court of Virginia’s COVID-19 Judicial Emergency Orders extended to statutes of limitations for cases whose deadlines expired after the period of Judicial Emergency.
Byrne Canaan Law is pleased to announce that Attorney
Tony Cottone has been recognized as a “Go To Lawyer” by Virginia Lawyers Weekly for medical malpractice law.
To be recognized as a “Go To Lawyer,” the individual has exemplified that he or she is:
We are very proud of Tony for his hard work and dedication to defending health care professionals, which has earned him this well-deserved title.
BCL has been awarded in the following designation for 2023:
This ranking is based on a combination of client feedback, lawyer evaluations, and peer reviews and reflect consistent professional excellence as rated by clients and colleagues. We are proud to receive this distinguished recognition in just our third year as a law firm.
For more information, visit
https://bestlawfirms.usnews.com/
Sean P. Byrne, Esq. and
W. Davis Powell, Esq. are recognized in the 29th edition of The Best Lawyers in America®
The Best Lawyers in America is the oldest peer-reviewed publication company in the legal profession. Recognition on this list indicates the honorees are highly respected by both their clients and colleagues. Individuals on this list are awarded this recognition after an extensive peer-review methodology that includes leading lawyers confidentially evaluating their professional colleagues.
Sean P. Byrne, Esq. earned recognition for his work in:
W. Davis Powell, Esq. was named “One to Watch” for his work in:
Congratulations to Sean and Davis!
On June 27, 2022, the Supreme Court of the United States issued its opinion in the companion cases Ruan v. United States and Kahn v. United States. The Court, with Justice Breyer authoring the opinion, addressed a circuit split regarding the mens rea requirement for a conviction under § 841 of the Controlled Substances Act (CSA). The Court ruled 9-0 (Alito, Barrett, and Thomas concurring) that, for the crime of prescribing controlled substances outside the usual course of professional practice in violation of 21 U.S.C. § 841, the mens rea “knowingly or intentionally” applies to the statute’s “except as authorized” clause.
Byrne Canaan Law is proud to announce that
Sean P. Byrne was recognized as a 2022 Super Lawyer in the area of Health Care Law. Super Lawyers selects top-rated attorneys using a patented process that includes peer nominations, peer evaluations, and independent research. This recognition reflects Sean’s commitment to his clients and professionalism in the statewide legal community. Congratulations, Sean!
Attorneys
Sean Byrne and
Davis Powell recently obtained a defense verdict for an orthopedic surgeon in Richmond Circuit Court. Plaintiff alleged vascular injury during spinal surgery and sued for $2.4 million in damages. After hearing three days of evidence, the jury concluded that the surgeon complied with the standard of care. Congratulations to our clients and the Byrne Canaan Law team on this outcome!
Virginia Business magazine released its 2021 Legal Elite ranking and featured six Byrne Canaan Law attorneys across various areas of law. Recognition on this list is a distinct honor, as it reflects the opinions and ratings of other attorneys across the Commonwealth.
The 2021 Legal Elite attorneys from Byrne Canaan Law are:
Byrne Canaan Law is pleased to announce its recognition as a 2022 U.S. News – Best Lawyers® “Best Law Firm.” Our firm has earned Tier 1 status, which is the highest ranking available. The “Best Law Firms” list is created by a peer review process to capture the consensus opinions of leading lawyers in the same geographic and legal practice area.
Earlier this year, U.S. News – Best Lawyers® announced recognition of Sean Byrne and Jerry Canaan on as “Best Lawyers in America” and Davis Powell as “One to Watch.”
We are proud to achieve this distinct recognition in our second year as a law firm!
Attorney Tony Cottone was recently appointed as the Vice Chair of the Healthcare Malpractice Claims Committee and Vice Chair of the Young Professionals Committee of the Professional Liability Defense Federation (PLDF). PLDF is a nation-wide organization of civil defense attorneys with a focus on education and training civil defense professionals. We are proud of Tony’s representation in the organization and look forward to seeing what he achieves in these new roles.
Attorneys Phylicia Preston, Tony Cottone, and Allie Hamm recently took over leadership positions in the Virginia Association of Defense Attorneys (VADA). VADA is a statewide bar association of over 850 civil defense attorneys. The organization provides professional, educational, and social programs to lawyers whose primary focus is the defense of parties in civil disputes. Phylicia, Tony, and Allie attended the 2021 Annual Meeting in Virginia Beach, where they assumed their new leadership roles.
Lawyers may call doctors in the course of litigation for various reasons. Deposition or trial testimony requests, informal telephone calls to discuss treatment of a patient, record requests, and expert witness inquiries are common motives. These calls not only present a logistical burden to many practicing physicians, but they can also expose doctors to litigation.
Sean P. Byrne, Esq. of Byrne Canaan Law and Lucien W. Roberts III, MHS, FACMPE of Gastrointestinal Specialists, Inc. co-authored an article in the most recent edition of Richmond Academy of Medicine’s Fall Newsletter. In it, Byrne and Roberts explain why lawyers may reach out to doctors in the midst of a lawsuit and offer advice for responding to such requests in a way that protects doctors’ legal interest. Read the full article here.
Historically, a civil litigant in a Virginia Circuit Court could expect a trial date within a year or so of service ofthe lawsuit. For plaintiffs and defendants in civil litigation, the trial dates drive the action in the lawsuitand move cases toward resolution.
The uniform pretrial scheduling order calls for expert witnesses to be disclosed by the plaintiff 90 days before trial, and by the defense 60 days before trial.Until the trial date is on the horizon, the strengths and weaknesses of a complex civil liability case involving experts are often quite variable. And with unknowns,neither party is typically inclined to give serious consideration to a negotiated resolution in close cases.
Read more.
By Byrne Canaan Law | News Post 23
Byrne Canaan Law is pleased to announce that Graham Bryant was named an “Up & Coming Lawyer” by Virginia Lawyers Media, the publisher of Virginia Lawyers Weekly. This is a prestigious award, given to only seventeen attorneys across the Commonwealth. “Up & Coming Lawyers” are those who distinguish themselves as future leaders in the legal field within their first 10 years of practice.
Graham Bryant graduated from William & Mary Law School in 2016 and went on to serve as a judicial law clerk to then-Chief Judge Glen A. Huff of the Court of Appeals of Virginia and thereafter Justice William C. Mims of the Supreme Court of Virginia. In addition to his practice, Graham holds leadership positions in the Virginia State Bar, Virginia Bar Association, and John Marshall Inn of Court focused on appellate law, the future of law practice, and mentorship of new attorneys.
Graham’s astute attention to detail, innovative thinking, and dedication to serving both his clients and the legal community at large make him well-deserving of this honor. He will be recognized, along with the other recipients of this honor, at a ceremony at The John Marshall in downtown Richmond on October 19, 2021. Congratulations, Graham!
By Byrne Canaan Law | News Post 22
Appellate attorney Graham K. Bryant will present as part of a panel on appellate ethics during the 2021 VBA Appellate Summit. Hosted by the Virginia Bar Association, the Appellate Summit happens only once every three years and is a Virginia’s premier appellate conference. It features presentations on state and federal appellate topics by jurists, practitioners, and court administrators. In addition to his presentation, Graham also authored an article discussing the history leading up to the expanded jurisdiction of the Court of Appeals of Virginia and establishment of appeals of right in almost all cases that will be distributed in the VBA’s On Appeal publication at the Summit. You can read this article here.
By Byrne Canaan Law | News Post 21
Byrne Canaan Law is pleased to congratulate Sean Byrne, Jerry Canaan, and Davis Powell on their recognition in the 2022 Edition of The Best Lawyers in America©. Together, they were recognized in five practice areas: Health Care Law; Litigation – Health Care; Medical Malpractice Law – Defendants; Administrative/Regulatory Law; and Criminal Defense: White Collar.
Recognition on this list is based entirely on peer review methodology designed to capture the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area. This peer review process highlights attorneys who have distinguished themselves in their practice areas. BCL is very proud of Sean, Jerry, and Davis for earning this professional accomplishment!
By Byrne Canaan Law | News Post 20
Jeremy Theisen and Graham Bryant are featured in the August 2021 edition of Virginia Lawyer – the official publication of the Virginia State Bar. Jeremy and Graham each authored articles on the impact of new legislation in the Commonwealth.
Jeremy’s article, “A New Standard for Admissibility of Evidence Regarding a Criminal Defendant's Mental Condition,” discusses the nuances of newly enacted Virginia Code § 19.2-271.6. Until July 1, 2021, a criminal defendant was either not guilty by reason of insanity (NGRI), or was sane and responsible for his actions. No evidence of mental condition short of insanity was admissible on the issue of a defendant’s guilt in Virginia. Virginia Code § 19.2-271.6 allows for the introduction of evidence, in a criminal case, of a defendant’s mental condition not rising to the level of insanity on the issue of intent. Under the new statute, a defendant may present evidence of a mental condition insofar as it affected his intent to commit the relevant crime. This legislation has the potential to substantially augment the amount and type of evidence that can be presented in many criminal trials where the defendant raises his mental condition as an issue. The new statute provides several advantages over a traditional insanity defense, and will likely increase the prevalence of mental health experts in criminal trials going forward. Virginia Code § 19.2-271.6 has some ambiguities that will likely need to be addressed by the General Assembly and Appellate Courts over the next few years, but it will undoubtedly have a significant effect on the practice of criminal law.
Graham explores an important change in Virginia procedure that creates an automatic right of appeal in his article, “Appeal of Right Come to the Commonwealth: Preparing for Practice Before the Expanded Court of Appeals of Virginia.” After years as the only state in the nation without an appeal of right in every case, the General Assembly has passed legislation expanding the jurisdiction of the Court of Appeals of Virginia. When the legislation takes effect on January 1, 2022, essentially every criminal and civil litigant will be able to appeal adverse decisions to the Court of Appeals as a matter of right. Civil litigants will no longer have to rely on an appeal by petition to the Supreme Court of Virginia as their sole remedy for error at trial. As this significant change in Virginia procedure draws near, this article discusses how the legislation changes appellate practice and what litigators need to know to prepare for them.
To read the entire issue of Virginia Lawyer, click here.
By Byrne Canaan Law | News Post 19
Byrne Canaan Law appellate attorney Graham K. Bryant published an article breaking down how recent legislative changes and judicial decisions have increased availability of interlocutory appeals in Virginia litigation. Interlocutory appeals are a powerful litigation tool, enabling appellate review of a dispositive issue long before a trial court enters the final order and potentially saving years of litigation expense. Graham, who sits on the Virginia Bar Association’s Appellate Practice Section Council, drafted the primer for the Section’s exclusive On Appeal newsletter. The full article is available here.
To learn about interlocutory appeals or discuss how consulting an appellate attorney can be an important part of trial strategy, contact Graham.
By Byrne Canaan Law | News Post 18
Byrne Canaan Law Attorney Tony Cottone co-authored an article recently published in the Virginia Association of Defense Attorneys (VADA) Journal of Civil Litigation. The article discusses the medical malpractice cap in Virginia. The Journal of Civil Litigation is an exclusive publication that is sent to every VADA member. The full article is linked here.
If you have any questions about the medical malpractice cap in Virginia, please contact any Byrne Canaan Law attorney.
By Byrne Canaan Law | News Post 17
Byrne Canaan Law partner Jerry Canaan will be co-presenting the program Immediate Suspension Orders: DEA and Registrant Perspectives at the American Health Law Association's Annual Meeting on June 28, 2021 at 1:45 p.m. Every year, nearly 1,500 health law professionals attend the AHLA Annual Meeting to hear the most current information and analysis on a myriad of legal issues facing the health care industry. Jerry will be discussing the latest trends in the DEA’s use of Immediate Suspension Orders and how registrants can respond to ISO’s.
By Byrne Canaan Law | News Post 16
Appellate attorney Graham K. Bryant recently presented on legislation expanding the Court of Appeals of Virginia and creating appeals of right to a full audience at the Virginia Bar Association Young Lawyers Division Spring Meeting. Read more.
By Byrne Legal Group | March 31, 2021
Byrne Legal Group appellate attorney Graham K. Bryant will be presenting a webinar on the new legislation creating appeals of right in all cases and expanding the size of the Court of Appeals of Virginia on the Virginia Bar Association’s April Law Practice Live Chat on April 2, 2012 at 10:00 a.m. Hosted by the VBA’s Law Practice Management Division, this digital seminar is the latest of a series in which Virginia legal experts share their insight into developments affecting law practice. Graham will be discussing how the new legislation expanding the Court of Appeals will transform Virginia litigation practice. For a more detailed look at the coming changes, see Graham’s analysis of the legislation here.
By Graham K. Bryant | Byrne Legal Group | March 18, 2021
The Virginia General Assembly has passed legislation creating an appeal of right in essentially every civil and criminal case. Byrne Legal Group appellate attorney Graham K. Bryant has been monitoring the legislation since its introduction. With it poised to become law in the coming weeks, he has prepared an analysis of how the legislation will change litigation practice and what litigants need to know to prepare for Virginia’s new appellate landscape.
You can download the analysis below. If you have questions about what appeal of right means for you, please contact us.
By W. Davis Powell | Byrne Legal Group
Byrne Legal Group attorney Davis Powell recently published an article in Virginia Lawyer Magazine analyzing the impact of COVID19 on Virginia’s standard of care and civil immunity provisions for medical malpractice cases. Virginia Lawyer Magazine is the official publication of the Virginia State Bar and is sent to every attorney in the Commonwealth. The full article is reprinted here below. If you have questions about the standard of care or Virginia’s immunity statutes, please feel free to contact one of our attorneys.
By Graham K. Bryant | Byrne Legal Group | Published in Virginia Lawyer Vol. 69 | October 2020
As most attorneys have learned since the COVID-19 pandemic began, a wide variety of video conferencing platforms are available with each one having unique features and quirks. No single platform has become standard for judicial use. Instead, courts across the Commonwealth have adopted a variety of video technologies as they adapt to pandemic procedures.
For instance, the Supreme Court of Virginia held its first video conference merits session in June using the Polycom platform, while the Court of Appeals of Virginia has instead opted to use Microsoft Teams for its writ arguments and panel hearings. Zoom, generally considered the leading videoconferencing platform, is widely used in Virginia’s federal courts. Despite Zoom’s ubiquity, it is unlikely that Virginia’s appellate courts will begin using it due to lingering security concerns, particularly considering the Texas Supreme Court’s recent two-month struggle to regain control of its administrative systems after a ransomware attack.
Read more.
By Michael Schwartz | Richmond BizSense
The Clay Suites, which is undergoing renovations at 3117 W. Clay St. (Michael Schwartz photo)
With future growth and millennial attorneys in mind, a local law firm is moving out of its downtown coworking digs and headed for Scott’s Addition. Byrne Legal Group, founded last October by namesake Sean Byrne and several others who left Hancock Daniel in Henrico, has signed on for a new office at the Clay Suites development under construction at 3117 W. Clay St.
Byrne Legal Group is pleased to announce that Attorney Davis Powell and paralegal Abby Wills recently won the reversal of a client’s life sentence in a federal criminal case pending before the Eastern District of Virginia. Legal assistant Deb White also played a major role assisting in the case. The client had been serving life in federal prison after being convicted in 2000 for his role in a 1997 drug conspiracy murder plot. Though the client was not the shooter, he was sentenced to an automatic life sentence due to the mandatory sentencing guidelines in place at the time. Paradoxically, the confessed shooter received only a ten year sentence.
The Commonwealth of Virginia is the first state to adopt COVID-19 Safety Rules applicable to Employers and Employees that must be implemented in order to remain complaint with the Virginia Department of Labor and Industry Standards. The Emergency Temporary Standard for Infectious Disease Prevention: SARS-CoV-2 Virus That Causes COVID-19 went into effect on July 27, 2020 and will remain in effect for six (6) months or until the Governor’s State of Emergency has been lifted. Below is some guidance on the new requirements with which businesses and practices must comply while the Emergency Standard is in effect.
June 23, 2020 | By Chris Mazzolini | medicalconomics.com
The coronavirus pandemic has affected many aspects of healthcare — including medical malpractice. Sean P. Byrne, JD, a malpractice defense lawyer, discusses how COVID-19 has scrambled a physician's malpractice risks, and what doctors need to do to prepare.
On April 28, 2020, Virginia Governor Ralph Northam issued Executive Order No. 60 (2020), officially titled “Clarification of Certain Immunity from Liability for Healthcare Providers in Responses to Novel Coronavirus (COVID-19).” While Virginia law already has immunity statutes for emergency times, there was some question as to the extent that these provisions would apply during the COVID-19 crisis. The Governor’s order provides important clarity to these questions.
In the midst of the COVID-19 crisis, a number of scammers and criminals have already started trying to profit from the public’s fear regarding the pandemic. Fraudulent schemes asking patients to either pay cash or trade personal information for unapproved COVID-19 tests and treatments have popped up online and in social media. Many of these scams are aimed elderly individuals.
After nearly two years and endless negotiation amongst stakeholders, the Virginia House and Senate unanimously passed legislation to eliminate surprise hospital billing for Virginians covered under state-regulated health care plans. State-regulated health care plans are those that are fully insured or provided to government employees. ERISA plans and coverage provided by a single employer must opt into the law for it to apply. This could still leave millions of Virginians vulnerable to surprise billing practices.
As Coronavirus Disease 2019 (COVID-19) cases continue to arise across the United States, healthcare providers are facing extraordinary challenges. While patient care remains the most important consideration in this difficult time, many healthcare institutions are grappling with unprecedented questions on issues of patient safety, risk management, and regulatory compliance.
By Anthony S. Cottone | Byrne Legal Group | Issue 05 | Published on PLDQ
Anthony S. Cottone authored an article involving Tarasoff Statutes, addressing when a mental health provider may owe a duty to third parties for the actions of their patients. The article was published in the PLDF Quartlery’s first issue of 2020, and was the featured article. You can read this article here.
Byrne Legal Group is pleased to announce that attorney Davis Powell has been promoted to Partner. Davis focuses his practice on defending healthcare providers in complex civil and criminal litigation.
By Michael Schwartz | Richmond BizSense
Looking to live up to a family lineage of entrepreneurial attorneys, a veteran local health care attorney has struck out on his own after more than 20 years at the same firm. And he’s brought a group of lawyers along for the ride.
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By Byrne Legal Group
When our team decided to launch the Byrne Legal Group we took inspiration from our health care provider clients. Our clients do what they do because they live to serve and help people in need. They heal the sick, fix the broken, and save the dying. But as good as modern medicine is, the dedicated people who work in the field are never satisfied with the status quo and are always working to improve. Same here.
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