Representative Matters
Media, Entertainment, and Intellectual Property
Copyright Infringement Litigation
Defended a leading online content network against copyright infringement claims brought by software developer concerning allegations that a foreign website offered an infringing computer program for download on its site. Successfully negotiated a favorable resolution within weeks after the filing of the complaint.
Trade Secret Misappropriation Action
Litigated allegations of misappropriation of trade secrets during representation of online content network in its claims against a competing company. After taking over this matter from another firm weeks before trial, reached a mutually beneficial resolution of this matter.
Trademark and Right of Publicity Claims
Defended Electronic Arts video game manufacturer against trademark and right of publicity claims alleging ownership of contractual and intellectual property rights in the likenesses of several professional boxers profiled in “Fight Night” video game. Successfully opposed a motion seeking a preliminary injunction to halt EA’s worldwide sales and marketing of the game, and a short time thereafter, negotiated a favorable resolution.
Business Torts
Defending video game company in a putative class action lawsuit brought by individuals who allegedly purchased games and monthly memberships from the company over the Internet. At issue are claims for breach of contract, unfair competition, and the use of an early termination fee. Successfully moved to dismiss the early termination fee claim and opposed class certification as to seven proposed classes. Defending class certification decision on appeal before the United States Court of Appeals for the Ninth Circuit.
Defending major motion picture studio in lawsuits brought by groups of lenders that funded several slates of motion pictures. Allegations against studio include breach of contract, breach of fiduciary duty, and fraud.
Representing major motion picture studio in a personal injury lawsuit brought by an extra on a movie set.
Motion Picture Industry Advice
Offered strategic legal analysis and advice to major studio in securing financing for upcoming production of motion pictures.
Provided legal advice and analysis on the contractual rights of major motion picture studio in a series of distribution agreements with well-known production company.
Commercial Litigation
Represented insurance entities in matter before the United States Court of Appeals for the Second Circuit and United States Supreme Court related to bankruptcy and class action litigation. Participated in drafting successful certiorari petition and merits briefing. Travelers Indemnity Co. v. Bailey, 129 S. Ct. 2195 (2009).
Defended well-known financial institution and several of its corporate officers against dozens of lawsuits asserting securities fraud and violation of the Employee Retirement Income Security Act (ERISA). Participated in drafting successful motion to consolidate and coordinate cases before the United States Judicial Panel on Multidistrict Litigation.
Defended a leading manufacturer of laptop computers against patent infringement claims concerning battery management technology.
Represented real estate developer in lawsuit against competing developer acting as “master developer” of large planned community, asserting claims for breach of contract, breach of fiduciary duty, and breach of the covenant of good faith and fair dealing.
Represented major international reinsurance company in arbitration against fronting insurer in dispute arising out of litigation related to the September 11 terrorist attack on the World Trade Center.
Achieved early resolution in representation of leading publishing company in a putative class action that claimed a text message advertising a book violated Telephone Consumer Protection Act.
Pro Bono Litigation
As part of his work with the Ninth Circuit Court of Appeals Pro Bono Program, Mr. Miller is representing a client found removable under the immigration laws. After the Board of Immigration Appeals denied a motion to reopen the case, Mr. Miller filed a petition to review that decision in the Ninth Circuit.
Prior to Kendall Brill Klieger
Simpson Thacher & Bartlett LLP, Los Angeles, Associate, 2007–09
Irell & Manella LLP, Los Angeles, Associate, 2005–06
Bar and Court Admissions
California, 2006
U.S. District Courts
- Central, Eastern, Northern and Southern Districts of California
- Northern District of Illinois