Founder of the Firm’s Dallas Litigation Section in 1991 and co-head of the Firm’s national Complex Commercial Litigation Group until 2008, Mr. Miller currently practices in New York, the District of Columbia, and Texas.
Mr. Miller serves regularly as lead counsel in cases and arbitrations with billions of dollars in issue. He has been recognized by Chambers USA, Benchmark Litigation, and SuperLawyers as a leader in his field, and has been recognized continuously since 2005 by Best Lawyers in America in the areas of Commercial Litigation and Bet-the-Company Litigation. He was also featured by the Dallas Business Journal as a “Top 10” litigator in Dallas in 2002.
During more than 30 years of trial practice, Mr. Miller has had substantial experience in antitrust, arbitrations, business tort cases, communications satellite cases, contract disputes, financial derivatives litigation, insurance coverage actions, non-compete disputes, professional malpractice matters, securities class actions, shareholder derivatives actions, and general commercial litigation. He has spoken regularly at professional education programs on numerous trial-related topics, such as arbitration, litigation management, simulation techniques, and courtroom technology.
Before entering private practice in Dallas in 1976, Mr. Miller served as law clerk to Justice Harry A. Blackmun of the Supreme Court of the United States (1972-1973) and Captain in the Army Judge Advocate General’s Corps (1974-1976).
Representative Cases and Arbitrations
- Lehman Brothers Special Financing Inc. v. Libra CDO Limited – Co-lead counsel with Lori Fife in an adversary proceeding concerning validity of a purported termination notice and of priority-shifting clauses in a derivatives contract; currently pending in the United States Bankruptcy Court for the Southern District of New York after a partial settlement (together with a related case) in October, 2010 for a publicly announced recovery of more than $425 million.
- Lehman Brothers Special Financing Inc. v. BNY Corporate Trustee Services Limited – Lead counsel in an adversary proceeding that obtained a favorable summary judgment in the United States Bankruptcy Court for the Southern District of New York declaring priority-shifting clauses to be invalid under the ipso facto doctrine; the case was settled in December, 2010 for a confidential amount.
- United States v. Canada – Member of the trial team for the Government of Canada in trial during 2009 before the London Court of International Arbitration concerning the Softwood Lumber Agreement between the United States and Canada.
- Lehman Brothers Special Financing Inc. v. Ballyrock ABS CDO 2007-1 Limited – Co-counsel in a declaratory judgment adversary proceeding concerning distribution provisions in a derivatives transaction, currently pending in the United States Bankruptcy Court for the Southern District of New York.
- Lead outside counsel for various Lehman entities in multiple confidential mediations, beginning in 2010, all seeking affirmative recoveries under derivatives contracts.
- Sprint Nextel Corporation v. TerreStar Networks, Inc. – Lead counsel for TerreStar in a case brought in federal court in the Eastern District of Virginia seeking contributions by TerreStar to band clearing, which was dismissed and administratively closed in 2008 as a result of Terrestar’s motion asserting primary jurisdiction in the Federal Communications Commission.
- In re Digital Performance Rights in Sound Recordings – Part of the trial team led by Bruce Rich for XM Satellite Radio, Inc. in a proceeding before the Copyright Review Board in Washington to set royalty rates for music broadcast via satellite radio.
- Woodall v. American Airlines, Inc. – Lead counsel for American Airlines in a class action brought by three pilots represented by the United States Department of Justice claiming violations of the United Services Employment and Reemployment Rights Act (“USERRA”) in federal district court in Dallas. The case was settled in 2008.
- Owens Corning Chapter 11 Proceeding – Co-lead counsel with Martin Bienenstock and Richard Rothman (both in the firm’s New York office) for Credit Suisse First Boston, as agent bank for the bank group, in asbestos liability estimation trial in 2005 in federal district court in Philadelphia.
- Williams Companies Securities Litigation – Lead counsel representing outside directors of the Williams Companies in a securities case pending in federal court in Tulsa, Oklahoma.
- El Paso Tennessee Pipeline, Inc., et al. v. ExxonMobil Corporation, et al. – Lead counsel for ExxonMobil in a case in Tarrant County, Texas alleging defense and indemnification obligations for hundreds of asbestos liability lawsuits arising from an oil refinery purchased by ExxonMobil in Chalmette, Louisiana and for future asbestos liabilities; the case was settled on a confidential basis after mediation.
- UICI Corporation, Mega Life and Health Insurance Company, and Mid-West Life Insurance Company of Tennessee – National coordination counsel on individual agent and class action cases in multiple states, including cases in Colorado, Idaho, Mississippi, California, Oklahoma, Texas, and New Mexico: consumer private attorney general actions, class actions, breach of contract; all cases were settled.
- SmartPipes Inc. – SmartPipes, Inc. v. Kovert Soft Technologies, Inc., No. C 00-2699 MJJ (U.S.D.C., Northern District of California); Represented plaintiff in copyright and trademark infringement lawsuit. Following a favorable ruling at a hearing, case settled favorably for plaintiff on confidential basis.
- In re G-I Holdings, Inc. – Supervising litigation counsel in proceedings in federal district court and bankruptcy court in New Jersey seeking estimation of asbestos liability for products sold under the GAF brand and declaratory judgment concerning any successor liability of G-I’s major operating subsidiary for asbestos claims against its parent.
- In re CFS Securities Fraud Litigation – Lead counsel for defendant Arthur Andersen LLP in more than a dozen securities fraud lawsuits in state and federal courts in Tulsa, Oklahoma, collectively alleging more than a billion dollars in damages, arising from the business failure of Commercial Financial Services, Inc., which were resolved by a confidential settlement after mediation.
- Richard Schappel v. UICI, et al. – As lead counsel for the corporate defendant, UICI, obtained dismissal in state court in Dallas County of a shareholders’ derivative case following an investigation by independent counsel.
- David Nichols and Nichols Lures, Inc. v. Strike King Lure Company, Wal-Mart Stores, Inc., et al. – Senior counsel for Wal-Mart Stores, Inc. in a patent infringement lawsuit in federal court in the Northern District of Texas. Following a favorable ruling at a Markman hearing, the case was settled at no cost to Wal-Mart.
- BroTech Corporation, et al. v. European Bank for Reconstruction and Development, et al., 2000 WL 151094 (E.D. Pa. 2000) – Lead US counsel for the European Bank for Reconstruction and Development in a lender-liability suit in federal court in the Eastern District of Pennsylvania, which was dismissed under the doctrine of sovereign immunity.
- Pacific Mutual Life Insurance Co. v. Ernst & Young LLP, 51 S.W.3d 573 (Tex. 2001) – Lead counsel for defendant Ernst & Young in a case alleging professional malpractice and fraud in Dallas County, Texas; argued successful summary judgment motion in the trial court and the successful appeal in the Texas Supreme Court.
- In re Compact Disc Antitrust Litigation – Lead trial counsel for defendant EMI in consolidated antitrust class actions in Los Angeles claiming price fixing by music companies, which were ultimately settled before trial.
- In re Greyhound Lines Securities Litigation – Lead counsel for defendant Greyhound in multiple class actions brought in both federal and state courts in Texas alleging securities fraud.
- David Askanase, Trustee v. Fatjo, et al., 130 F.3d 657 (5th Cir. 1997) – Lead trial counsel for defendant Ernst & Young in litigation brought by a bankruptcy trustee claiming failure by the auditors and officers to detect deepening insolvency of a health club business. Following a jury trial in federal court in Houston, all claims against Ernst & Young were dismissed, and the dismissal was affirmed by the Fifth Circuit.
- Foster v. Ernst & Young LLP, et al. – Lead counsel for Ernst & Young in an audit malpractice case brought in Dallas County by the receiver for the Home Owners Warranty Insurance Company. Summary judgment was obtained for Ernst & Young on all counts, leading to a confidential settlement.
- Southmark Corporation v. Ernst & Young LLP – Lead counsel for Ernst & Young in a fraud case based on alleged failure to disclose developers’ fees. Two summary judgments were obtained for Ernst & Young in the trial court, but both were reversed by the Dallas Count of Appeals, leading to a confidential settlement before trial after the second remand.
- Hotel Development Investments LP, et al. v. Nomura Asset Capital Corporation – Lead counsel for Nomura in a lender liability case in state court in Dallas County arising from a credit line issued to construct ten hotels. The dispute was settled on a confidential basis after mediation.
- OYL Corporation v. Richard Snyder, et al. – Successfully defended selling shareholders in an arbitration brought by the Indonesian purchaser of an air conditioning manufacturing business, which was seeking to impose indemnity obligations under a purchase contract for various environmental costs at multiple plants.
- Sequa Corporation v. Pratt & Whitney, Inc. – Trial counsel for Sequa Corporation in an extended jury trial under Texas antitrust law in San Antonio, Texas.
- Anago Corporation v. PriceWaterhouse – Lead counsel for PriceWaterhouse in a professional malpractice action in state court in Tarrant County, Texas, which was settled confidentially.
- TIG Insurance Company v. PricewaterhouseCoopers – Lead counsel for PricewaterhouseCoopers in a case in Dallas County alleging audit malpractice, which was settled confidentially.
- A&F Insurance Agency v. The Prudential Insurance Company of America – Represented Prudential in an agency termination dispute in Cleburne, Texas, resolved by a confidential settlement.
- Eagle-Picher Technologies, LLC v. Isonics Corp. – Lead counsel for Eagle-Picher Technologies in an AAA arbitration concerning a contract for joint development of an exotic isotope with approximately $50 million in controversy. The matter was resolved by a confidential settlement.
- Confidential arbitrations for a major aerospace company – Senior trial counsel for a large aerospace manufacturer in three separate confidential arbitrations alleging purchase-price adjustments arising from the sale of business units, two of which alleged more than a billion dollars in damages. One of these was tried before an arbitrator to a successful conclusion and the other two were settled.
- Confidential accounting arbitrations – Lead counsel for defendant in dozens of arbitrations brought by former store managers against a large electronics retailer, claiming fraud in underpayment of salaries and bonuses based on allegedly understated store profits; one arbitration was resolved after trial in defendant’s favor in Pittsburgh, Pennsylvania, and another produced summary judgment for defendant in Dallas, Texas, leading ultimately to favorable settlement of all other pending arbitrations and to dismissal of one related lawsuit in Houston.
- Counsel disqualification cases – As special counsel, successfully resisted disqualification of a medium-sized Dallas law firm in a confidential arbitration in Washington DC; as lead counsel for plaintiff, obtained disqualification of a small firm in Dallas federal district court (currently on appeal) in Robert Woolley v. Charles Sweeney, 2003 WL 21488411 (N.D. Tex. 2003).