Practice Experience
Mr. Miller divides his practice between the areas of commercial litigation and employment law. His commercial litigation practice emphasizes contractual disputes and business torts including lender liability, banking litigation, and franchise relations. He has represented national and international clients in numerous industries including financial services, energy, semiconductor manufacturing, consumer products, and retailing.
On the employment side, Mr. Miller has extensive experience representing employers in wrongful discharge, discrimination, and wage and hour litigation including class actions and government investigations. He also regularly counsels employers on all aspects of day-to-day employment relations, including individual discipline, policies and procedures, reductions in force, employee investigations, wage and hour compliance, unfair competition and solicitation, and termination issues. He has also represented unionized employers in grievance arbitrations arising under collective bargaining agreements.
Mr. Miller's experience includes several court and jury trials as both first and second chair; arbitrations under both commercial contracts and collective bargaining agreements; appellate briefing and argument; and extensive motion and writ practice.
Representative matters include:
- the successful defense of a major national bank in three lender liability trials, one of which was the first trial defeat for what was then the preeminent plaintiff's lender liability firm in California, and another of which was the first jury trial conducted in bankruptcy court in the Central District of California;
- the representation of major energy corporations in litigation under the Petroleum Marketing Practices Act, obtaining defense judgments both in trial and on summary judgment;
- the representation of a semiconductor chip manufacturer in multiparty litigation over warranty and product liability claims with a substantial international discovery component;
- the representation of a nonprofit corporation in litigation challenging its statewide wage and hour practices involving a diverse workforce in excess of 25,000 individuals;
- the representation of a civil rights organization in its successful facial constitutional challenge to the "Don't Ask, Don't Tell" law and policy, which barred open service by homosexuals in the U.S. armed forces. In the wake of a worldwide injunction issued after trial, at which Mr. Miller was assistant lead trial counsel, Congress repealed the "Don't Ask, Don't Tell" statute.
His reported cases include:
- Wilkerson v. Wells Fargo Bank, 212 Cal. App. 3d 1217, 261 Cal. Rptr. 185 (1989)
- Unocal Corp. v. Kaabipour, 177 F.3d 755 (9th Cir. 1999)
- Log Cabin Republicans v. United States of America, 716 F. Supp. 2d 884 (C.D. Cal. 2010)
Before joining White & Case, Mr. Miller practiced at Brobeck, Phleger & Harrison in Los Angeles (1984-2002).
Bars and Courts
California State Bar, 1984
US District Courts for the Central, Eastern, Northern and Southern Districts of California
US Court of Appeals for the Ninth Circuit
US Supreme Court
Education
JD, University of Chicago, Chicago, Ill., 1984 AB, Linguistics, Harvard University, Cambridge, Mass., cum laude, 1981
Professional Associations and Memberships
State Bar of California (Sections of Litigation and Labor and Employment Law) American Bar Association (Section of Litigation) Association of Business Trial Lawyers
Publications
"Employer Gives Hair Model the Brush-Off, Lands in a Tangle," California Litigation Report, September 22, 2006 "Unenforceable Provision in Overly Broad Employee Release is a Nullity, Not a Tort," California Litigation Report, September 2008
Languages
English French German
Citizenship
United States
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