Kevin Miller is a partner in the firm specializing in appellate and complex commercial litigation, including in securities, antitrust, fraud, breach of contract, and constitutional matters. Mr. Miller has argued a number of cases in the federal courts of appeals and other courts and has also been the principal author of numerous merits and amicus briefs in the U.S. Supreme Court. He has significant trial experience, including examination of key witnesses in several multimillion-dollar cases. Mr. Miller also has experience in all phases of the pre-trial process, from drafting complaints, to briefing and arguing dispositive motions, to conducting written discovery and depositions, as well as representation of clients in criminal and civil regulatory investigations and proceedings involving the Department of Justice and the Securities and Exchange Commission.
Mr. Miller joined the firm after completing clerkships with Judge Jerry E. Smith on the United States Court of Appeals for the Fifth Circuit and Justice Anthony M. Kennedy on the Supreme Court of the United States. He earned his J.D. with high honors from the University of Chicago Law School, where he was a Comment Editor of the University of Chicago Law Review, a member of the Order of the Coif, and a John M. Olin Student Fellow in Law and Economics. He also earned his B.A. cum laude from the University of Georgia and practiced for several years as a certified public accountant (now inactive).
Louisiana Pacific Corporation v. Money Market 1 Institutional Investment Dealer, No. 09-cv-03529 (N.D. Cal.) – Prosecuted federal and state securities law claims as well as common law claims brought by a publicly traded company against an investment bank and investment broker, arising from the purchase of structured finance securities with an auction rate securities pricing mechanism. Successfully defeated motions to dismiss by Deutsche Bank Securities Inc. and Money Market 1 and, after substantial discovery, some of the parties reached a settlement agreement.
The Anschutz Corporation v. Merrill Lynch & Co., No. 09-cv-03780 (N.D. Cal.) – Prosecuted federal and state securities law claims as well as common law tort claims brought by an institutional investor against an investment bank and two rating agencies arising from the purchase of structured finance securities with an auction rate securities pricing mechanism. Successfully defeated motions to dismiss by Deutsche Bank Securities Inc., Standard & Poors (d/b/a The McGraw Hill Companies), and Fitch, Inc.
Great-West Investors LP v. Thomas H. Lee Partners, LP, C.A. No. 5508 (Delaware Chancery Ct.) – Represented private equity fund in suit by special limited partner asserting fraud, breach of contract, and seeking reformation of partnership agreement based on alleged mistake. Immediately before trial in Delaware Chancery Court, the Court granted summary judgment in favor of private equity fund on claims of fraud and mistake.
Navistar International Corporation v. Deloitte & Touche LLP, No. 2011 L 004269 (Cir. Ct. Cook County, Illinois) – Represented publicly traded company in prosecuting claims against the company’s former auditor.
BT Triple Crown Merger Co. v. Citigroup Global Markets, Inc., No. 08-600899 (N.Y. Sup. Ct.) – Represented private equity funds in much-publicized multibillion-dollar breach-of-contract action against six banks, arising out of the banks’ refusal to honor their commitment to finance the Clear Channel Communications leveraged buyout transaction. Expedited discovery was conducted in less than six weeks. Immediately before trial in New York state court, our clients prevailed on their argument that specific performance was an available remedy. The parties settled shortly thereafter, with the banks agreeing to finance the transaction.
United States v. O’Shea, Crim.-H-09-629 (S.D. Tex.) – Represented more than a dozen current and former employees of ABB, Inc. in DOJ and SEC investigations and criminal prosecution of former ABB manager for violations of Foreign Corrupt Practices Act, including representation of several witnesses at criminal trial.
Article, Lawyers as Venture Capitalists: An Economic Analysis of Law Firms That Invest in Their Clients, 13 Harvard Journal of Law & Technology 435 (2000)
Comment, Welfare and the Minimum Wage: Are Workfare Participants “Employees” Under the Fair Labor Standards Act?, 66 University of Chicago Law Review 183 (1999)
University of Chicago Law School , J.D., magna cum laude, 1999
- Comment Editor, 1998-1999; and Member, 1997-1998, University of Chicago Law Review
- Order of the Coif
University of Georgia, B.A, cum laude, 1993
- John M. Olin Student Fellow in Law and Economics
Certified Public Accountant (inactive)
Law Clerk, Justice Anthony M. Kennedy, U.S. Supreme Court, 2000-2001
Law Clerk, Judge Jerry E. Smith, U.S. Court of Appeals, Fifth Circuit, 1999-2000