Randy Miller is a litigator and trial lawyer with substantial experience serving as lead counsel in complex business disputes, including lawsuits involving breach of contract, false advertising and fraud.
Mr. Miller has served as the lead trial lawyer for jury trials in both state and federal courts. Mr. Miller also has represented clients in domestic and international arbitration proceedings, and before and against agencies of the United States government.
Mr. Miller has represented large companies and foreign sovereigns in litigation matters, including Dannon, Deloitte & Touche, E*TRADE, Ernst & Young, Hershey Foods, Host Marriott, Perdue Farms, Pfizer, Philip Morris, PricewaterhouseCoopers, Reckitt Benckiser, Sanderson Farms, Shakespeare Theatre Company, 7-Eleven, Tiffany and Company, and the Kingdom of Saudi Arabia.
Lanham Act Competitor False Advertising Cases
Mr. Miller has a national practice representing large companies in disputes involving alleged false or misleading promotional statements and practices.
Representative cases include:
Complex Contract and Business Disputes
- Lead counsel for poultry company; enjoined a rival company’s national advertising campaign that included a health claim (and successfully reversed an adverse federal agency action in a parallel proceeding).
- Lead counsel for consumer products company; enjoined competitor’s promotional campaign made to retailers and distributors concerning anticipated regulatory action.
- Lead counsel for yogurt company; enjoined competitor's national advertising campaign disparaging sweetener.
- Lead counsel for a consumer electronics company in lawsuit against rival company regarding false infomercial campaign (obtained a favorable settlement).
- Lead counsel for government contractor in case defending against claim that client made false statements to the U.S. Department of Defense regarding the performance of its technology (secured dismissal of claim).
- Represented several pharmaceutical companies in cases alleging that competitors were overstating efficacy claims or downplaying side effects associated with drug treatments, including through verbal statements made to doctors by sales representatives.
- Advise companies on advertising litigation risk, including social media advertising.
Mr. Miller represents companies in business disputes particularly those involving alleged breaches of contract, fraudulent inducement and tortious interference claims against business partners, subcontractors, suppliers, distributors and competing businesses.
Preliminary Injunctions and Temporary Restraining Orders
- Lead counsel for defendant company in fraudulent inducement case. Obtained dismissal of all claims and award of attorneys’ fees.
- Lead litigation counsel for a real estate investment trust in adversary proceeding in bankruptcy. Obtained the return of $135 million trapped in the bankruptcy proceeding.
- Trial counsel for telecommunication company; defeated $400 million indemnification claim.
- Lead trial counsel in a breach of contract (earn out) and deceptive trade practices claims arising from sale of a business and dispute over a contingent purchase price payment; after two-week trial, obtained a defense verdict on all counts.
- Lead counsel in earn out dispute; obtained arbitration Award defeating earn out claim in its entirety.
- Lead trial counsel in fraud and breach of fiduciary duty 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.
- Lead counsel in pending government contractor dispute regarding teaming agreement and sub-contract dispute.
- Lead counsel representing the Government of Trinidad & Tobago in a breach of contract and fraud case; obtained dismissal of all claims.
Mr. Miller has significant experience litigating suits involving "emergency" motions for temporary restraining orders and preliminary injunctions.
Litigating Against Federal Agencies
- Lead counsel for hotel developer in emergency injunction matter alleging that master developer breached its contract; successfully obtained temporary restraining order providing declaratory and other injunctive relief.
- Lead counsel for major theatre company in an emergency matter; obtained a preliminary injunction to enforce adversary’s articles of incorporation.
- Lead counsel for government contractor in emergency matter where former joint venture partner sought an injunction concerning contracts for the U.S. Departments of State and Army (defeated the motion for injunction).
- Lead counsel for plaintiff in a cybersquatting case involving dispute over ownership of domain name and trademarks. Obtained temporary restraining order and permanent injunction.
- Prosecuted and defended numerous emergency injunctive matters to halt national advertising campaigns.
Mr. Miller has represented companies defending against enforcement proceedings and lawsuits brought by federal agencies.
Lawsuits Regarding Trade Secrets and Employment Contracts
- Represent and advise companies defending against CFPB enforcement proceedings.
- Lead counsel in constitutional challenge to CFPB’s structure.
- Prevailed in petition to USDA to reverse administrative decision for major poultry manufacturer; subsequently assisted USDA in the defense of the agency's decision, intervened in related federal court litigation and defeated the collateral challenge.
- Represented accounting firms (including PwC, Deloitte, and E&Y) in SEC enforcement proceedings and trial involving alleged violations of generally accepted accounting principles and auditing standards.
- Represent companies in proceedings before SEC, CFPB, FDA, FTC, and USDA involving alleged deceptive promotions and advertising.
- Advise companies on litigation strategies in agency disputes including CFPB.
Mr. Miller has litigated employment contract and trade secret disputes, particularly those involving breach of non-compete and non-solicitation provisions and alleged misappropriation of trade secrets.
Northern Virginia Courts
- Lead counsel for plaintiff government contractor in case where disloyal director breached an employment contract and diverted opportunities for himself; obtained favorable jury verdict.
- Lead trial counsel in commercial dispute involving break up of a Virginia limited liability company and freeze out of minority interest. Obtained favorable jury verdict.
- Lead counsel for government contractor whose former employee attempted to provide trade secrets to a rival company; obtained temporary restraining order.
- Lead counsel for defendants in case where former key employee allegedly joined a rival company. Obtained a favorable settlement.
- Lead counsel for employer in case where former employee demanded a finder’s fee. Case was dismissed.
- Lead trial counsel for former Chief Executive Officer in adversary proceeding arising from bankruptcy. Obtained an award of compensation.
Mr. Miller has significant experience litigating business disputes in courts in Northern Virginia, especially the Circuit Court for Fairfax County Virginia, and the U.S. District Court for the Eastern District of Virginia.
Mr. Miller maintains an active pro bono practice, and his work has included serving as national litigation counsel for Tahirih Justice Center, a non-profit organization dedicated to protecting immigrant women and girls seeking justice in the United States from gender-based violence.