Miller J. Kevin

Kevin J. Miller

Education

  • University of Chicago Law School, J.D., with Highest Honors, 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)

Clerkships

  • 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

Admitted

  • 2002, District of Columbia
  • 2017, Supreme Court of the US

Kevin J. Miller specializes in complex commercial and appellate litigation, including antitrust, fraud, breach of contract, securities, and constitutional matters.  Kevin has significant trial experience in district courts, as well as various state courts and other tribunals.  He has argued numerous appeals in the federal courts of appeals, and he has been the counsel of record and principal author of numerous merits and amicus briefs in the U.S. Supreme Court.  Kevin also has extensive expertise representing clients in criminal and civil regulatory investigations and proceedings involving the Department of Justice, the Securities and Exchange Commission, and the Federal Trade Commission, among others.

Kevin represents a broad range of clients, including Fortune 500 companies, small businesses, individuals, institutional investors, and private equity firms and their portfolio companies.  He has represented both plaintiffs and defendants in cutting-edge and high-profile litigation.  He recently represented AT&T in the Department of Justice’s unsuccessful challenge to the merger of AT&T and Time Warner.  See United States v. AT&T Inc., No. 17-cv-02511 (D.D.C.).  He is currently representing a number of plaintiffs in a major antitrust litigation against the two leading providers of auto dealer software management systems, CDK Global, LLC and The Reynolds & Reynolds Company.  Kevin and his firm colleagues successfully obtained a rare preliminary injunction on behalf of their client, Authenticom, Inc.  See In re Dealer Management Systems Antitrust Litigation, MDL No. 2817 (N.D. Ill.).  He also represented iHeartRadio in a six-week hearing before the Copyright Royalty Board that resulted in the firstever royalty rate reduction for Broadcasters and was hailed by Billboard as a “big win” for iHeartRadio.  See Webcasting IV.

Kevin practiced for several years as a certified public accountant (now inactive) and auditor and has substantial experience representing and advising clients in audit, accounting malpractice, and complex financial matters.  He has successfully represented Fortune 500 companies in audits of their copyright Statements of Account that are submitted to the Copyright Royalty Board.  He represented a publicly traded company, Navistar, Inc., in prosecuting claims against the company’s former auditor.  He also represented a major private equity firm in a lawsuit against a Big Four accounting firm for fraud and related claims arising out of the private equity firm’s investment in a company in a foreign country.

Representative Experience

  • In re Dealer Management Systems Antitrust Litigation, MDL No. 2817 (N.D. Ill.) – Representing multiple individual plaintiffs in a major antitrust litigation against the two leading providers of auto dealer software management systems, CDK Global LLC and The Reynolds & Reynolds Co.
  • United States v. AT&T Inc., No. 17-cv-02511 (D.D.C.) – Represented AT&T in the Department of Justice’s challenge to the merger of AT&T and Time Warner.
  • Webcasting IV – Represented iHeartRadio in a six-week hearing before the Copyright Royalty Board that resulted in the firstever royalty rate reduction for Broadcasters.  The victory was hailed as a “big win” for iHeartRadio.  Billboard, Inside the CRB’s New Streaminghttp://www.billboard.com/articles/business/6812938/crb-webcasting-rates-labels-digital-services-reactions (Dec. 17, 2015).
  • Represented a major private equity firm in a lawsuit against a Big Four accounting firm for fraud and related claims arising out of the private equity firm’s investment in a company in a foreign country.  Our team defeated the motion to dismiss for lack of personal jurisdiction, forum non conveniens, and failure to state a claim.  The case settled before trial.
  • Louisiana Pacific Corp. 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 Corp. 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 (Del. Ch. Ct.) – Represented private equity fund in suit by special limited partner asserting fraud and 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 Corp. v. Deloitte & Touche LLP, No. 2011 L 004269 (Ill. Cir. Ct., Cook Cnty.) – 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 multi-billion-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.

Articles, News & Events

  • Article, Lawyers as Venture Capitalists:  An Economic Analysis of Law Firms That Invest in Their Clients, 13 Harv. J. L. & Tech. 435 (2000)
  • Comment, Welfare and the Minimum Wage:  Are Workfare Participants “Employees” Under the Fair Labor Standards Act?, 66 Univ. Chi. L. Rev. 183 (1999)