Practice Focus

Randy Miller is a trial lawyer with substantial experience litigating complex commercial disputes, especially cases involving Lanham Act false advertising, commercial fraud, and breach of contract claims.

In Lanham Act false advertising cases, Mr. Miller has litigated cases for both plaintiffs and defendants, he has worked with national survey experts, and he has published and presented significantly on this subject.  Mr. Miller has litigated court cases and parallel federal agency proceedings over claims that promotional and marketing materials are deceptive, false, and/or misleading.  Mr. Miller is a member of the Private Advertising Litigation Committee of the American Bar Association Antitrust Section.

Mr. Miller also has particular expertise litigating suits involving competing businesses, and "emergency" litigation matters (involving requests for temporary restraining orders and preliminary injunctions).  Mr. Miller has represented large companies and sovereigns in complex business disputes, on both the defense and plaintiff side, including Deloitte & Touche, E*TRADE, Ernst & Young, Hershey Foods, Perdue Farms, Pfizer, Philip Morris, PricewaterhouseCoopers, Sanderson Farms, 7-Eleven, and the Kingdom of Saudi Arabia.

A partner in the firm's business litigation practice group, Mr. Miller has served as the lead trial lawyer for jury trials in both state and federal courts.

Mr. Miller's areas of experience include:

• Lanham Act False Advertising Litigation
• Complex Commercial Litigation
• Fraud Litigation
• Consumer Protection Litigation
• Class Action Litigation

Representative Matters

• Sanderson Farms, et al. v. Tyson Foods, Inc. (D. Md.) (No. 08-CV-210). Lead counsel for plaintiffs in a Lanham Act false advertising case involving promotional claims for poultry products.  Won major victories on multiple fronts, including winning a court-ordered injunction halting a national advertising campaign (case decision available at 547 F. Supp. 2d 491 (D. Md. 2008)) and winning a related petition at the U.S. Department of Agriculture.
• YMax Corp. v. Telebrands Corp., et al. (D. N.J.) (No. 08-CV-03307). Lead counsel for plaintiff in Lanham Act false advertising case regarding voice over Internet protocol ("VoIP") technology.  Obtained a favorable settlement that included discontinuation of the challenged advertising.
• Overlook Systems Technologies, Inc. v. Joseph P. Lortie, Jr., et al. (Fairfax County Virginia, Circuit Court) (No. 2008-6380).   Lead counsel for plaintiff in commercial dispute involving breach of contract, breach of duty of loyalty, and tortious interference; obtained favorable jury verdict.
• Hawthorne v. Stone Bridge Title, LLC, Case No. 2006-3285 (Fairfax County Virginia, Circuit Court).  Lead trial counsel in commercial dispute involving Lanham Act violations, tortious interference, and breach of contract claims; obtained favorable jury verdict for plaintiff.
• Winchester Gables v. Host Marriott Corp. et al.,(Mass. Sup. Ct.) (03-2050). Lead trial counsel in deceptive trade practices and breach of contract claims arising from sale of a business; after two-week trial, obtained defense verdict on all counts. 
• Fox v. Encounters International et al., (D. Md.) (02-1563). Lead trial counsel in fraud and deceptive trade practices case; after two-week jury trial, obtained plaintiff's verdict on all five claims and defeated both counterclaims.  Defended verdict on appeal to 4th Circuit.
• Tiffany, Inc. v. eBay, Inc.(S.D.N.Y.) (04-4607).  Represent luxury jeweler in Lanham Act false advertising dispute (pending).
• Reckitt Benckiser v. Motomco Ltd., 10-cv-6228 (SDNY).  Represent plaintiff in Lanham Act false advertising case involving competing products d-Con and Tomcat; case is pending.
• Health Care REIT, Inc. v. LandAmerica 1031 Exchange Services, Inc. (Bankr. E.D. Va.) (No. 08-03149).  Lead litigation counsel for Health Care REIT; successfully obtained the return of $135 million of Health Care REIT’s assets trapped in a LandAmerica bankruptcy proceeding. 
• Short Pump Hotel Partners, LLC, et al. v. West Broad Village, LLC, et al. (E.D. Va.) (No. 09-472).  Lead counsel for Plaintiffs in emergency injunction matter involving breach of contract; successfully obtained temporary restraining order providing declaratory and other injunctive relief.
• European Connections v. Gonzales, (N.D. Ga. Atlanta) (1:06-CV-0426).  Lead trial counsel for defendant Tahirih Justice Center in case involving constitutional challenges (commercial speech and equal protection) to the International Marriage Broker Regulation Act.  Obtained favorable judgment, defeating plaintiff's claims in their entirety.
• NAID v. Professional and Scientific Associates, (D. Md) (07-01927). Lead counsel for defendants in case where former key employee allegedly joined a rival company; claims include misappropriation of trade secrets, tortious interference with business expectancy, and breach of covenant not to compete; case settled on favorable terms.
• Cloakware, Inc. v. TKC Communications, (AAA McLean Virginia) (No. 16 117 00640 06).  Lead trial counsel for software development company in breach of contract case; case settled favorably after closing arguments.
• UNC Lear Services, Inc., et al. v. Kingdom of Saudi Arabia, et al, (W.D. Tex.) (No. 04-CA-1008).  Currently represent the Kingdom of Saudi Arabia and the Kingdom's Ministry of Defense and Aviation in a complex breach of contract dispute.
• Benjamin Books v. Trinidad and Tobago Government (S.D. Fla.) (NO. 07-20017).  Lead counsel representing the Government of Trinidad in a breach of contract and fraud case; obtained dismissal.
• Tokyopop v. Perseus Books (AAA).   Lead counsel for publisher in alleged breach of distribution agreement; case settled favorably.
• Altria Group (Philip Morris) ("Lights" class action cases).  Advised Philip Morris on the defense of nationwide consumer false advertising class action cases in connection with the Company's marketing of  Marlboro Lights cigarettes.
• E*TRADE v . Deutsche Bank AG (S.D.N.Y.) (05-0902). Represented E*TRADE in lawsuit involving fraud and breach of a stock purchase agreement arising from E*TRADE's acquisition of a Deutsche Bank subsidiary.
• Coventry First LLC v. 21st Services, (E.D. Pa.) (04-05239). Defended viatical underwriter in litigation with competitor involving Lanham Act deceptive advertising, defamation, antitrust, and deceptive trade practice claims.
• Yeger v. E*TRADE Securities, (N.Y. Sup. Ct.) (04-602589). Represented E*TRADE Securities in putative nationwide class action, alleging breach of contract, false advertising, and fraud regarding account maintenance fees.
• Qwest Corporation v. AT&T Corp., (D. Colo.) (03-2084). Trial counsel for Qwest in $100 million billing dispute against AT&T; case settled favorably on morning of jury selection.
• Teleglobe v. VarTec, (Int'l AAA Arbitration) (2004). Trial counsel for claimant in $500 million breach of contract dispute; case settled favorably.
• Karsh v. E*TRADE, Case No. GIC 835086 (Sup. Ct. Cal.).  Represented E*TRADE in breach of contract, false advertising, and deceptive trade practices case; case settled favorably.
• EntreMed, Inc. v. Goldfarb, (D. Md.) (03-2218). Lead counsel in breach of contract/duty of loyalty and defamation action against former employee; case settled favorably.
• In the Matter of Microstrategy, Inc., (E.D. Va.) (00-473-A) (SEC No. HO-8953). Represented "Big 4" accounting firm in securities fraud litigation and related Securities & Exchange Commission investigation.
• Schering Corp. v. Pfizer Inc,(S.D.N.Y.) (98-7000). Represented Pfizer in deceptive advertising lawsuit involving prescription antihistamines Claritin and Zyrtec.
• Compañía del Desarrollo de Santa Elena, S.A. v. Republic of Costa Rica, (ICSID) (ARB/96/1). Represented investor in valuation dispute against Government of Costa Rica in World Bank arbitration.
• Hensley v. PricewaterhouseCoopers LLP, (Va. Cir. Ct.) (99-551). Represented employer in breach of contract and defamation action brought by former employee.
• In re CPC Health Corporation, (Bankr. D. Md.) (00-20843). Lead trial counsel for former Chief Executive Officer in adversary proceeding arising from bankruptcy.
• In the Matter of Ernst & Young, LLP, (SEC) (03-10933). Trial counsel for "Big 4" accounting firm in Securities & Exchange Commission enforcement action.
• 7-Eleven, Inc. v. Farinholt, (Bankr. E.D. Va.) (99-10790). Lead counsel for 7-Eleven in case arising from breach of franchise agreement and related bankruptcy proceeding.
• Hershey Foods Corp. v. Mars Inc., (M.D. Pa.) (97-1719). Represented candy maker Hershey in trademark infringement and dilution action against competitor Mars in case involving Reese's Peanut Butter Cups and Peanut Butter M&M's.
• In re Serono, (FDA) (98-0261). Represented pharmaceutical company Serono in action to break orphan drug exclusivity and launch new Multiple Sclerosis prescription pharmaceutical productRebif (interferon beta-1a); commenced related deceptive advertising action against competitor Biogen.
• Deloitte & Touche / Matter of Cohr, Inc., (SEC) (HO-3381). Represented "Big 4" accounting firm in Securities & Exchange Commission investigation.
• Lamkin v. UBS PaineWebber, Inc. and UBS Warburg, LLC, (S.D. Tex.) (02-0851) Represented investment bank in securities litigation related to research analyst reports and analyst recommendations regarding Enron.
• Wu v. Identity, Inc., (DC Sup. Ct.) (02-471). Lead counsel for Defendant in negligence case; won summary judgment.
• Lazor v. Mailoa, (PA) (99-10207). Lead trial counsel in premise liability and personal injury dispute; case settled favorably.