Michael Miller is a commercial litigator whose practice in recent years has concentrated on insurance and software/intellectual property litigation. Michael is a trial lawyer who has litigated and tried cases in state and federal courts across the country, and before arbitration panels. Michael also assists clients with transactional matters, including complex insurance and annuity issues and complex environmental risk transfer issues.
Insurance Litigation. Michael's insurance litigation practice is national in scope. He has represented insurers in comprehensive environmental and commercial insurance coverage cases, in life and disability insurance coverage cases, in alleged fraud and Ponzi scheme cases, in RICO cases, and in cases involving annuities. Michael has been especially active handling cases arising out of the sale of life insurance policies (and interests therein) on the secondary market.
Commercial/Intellectual Property Litigation. Michael’s commercial litigation practice focuses on intellectual property and software litigation. For instance, Michael has handled the following recent representative cases:
Brighton NC Machine Corp. v. SAP America, Inc., et al., Case No. 11-0081 (Pa. Ct. Com. Pl. Sep. 17, 2012) (obtained grant of summary judgment on behalf of SAP America, Inc. in an action regarding implementation of software)
Hodell-Natco, Inc. v. SAP America, Inc., et al., Case No. 1:08-cv-2755, (N.D. Ohio June 2, 2011) (obtaining partial dismissal of plaintiffs’ claims on behalf of SAP America, Inc. related to the allegedly failed implementation of software)
Michael has also recently represented a client who contracted with a software development firm to produce computer sports games. When the software development firm failed to produce a working product, Michael commenced and prosecuted an arbitration proceeding that resulted in a substantial award for the client.
Structured Settlements. For several of the firm’s insurer clients, Michael provides representation in connection with attempts by "factoring companies" to effectuate purchases of personal injury structured settlement payment streams. In this context, Michael has assisted with drafting model legislation and has counseled insurers on developing protocols for responding to the issues raised by factoring transactions and the claims that often result from these transactions. Michael has developed a national reputation for successfully litigating these cases, and for successfully litigating other cases arising out of structured settlements. Michael was recently Co-Chairperson for the Legal Committee of the National Structured Settlement Trade Association (“NSSTA”), and he presents often at NSSTA meetings.
Complex Insurance and Environmental Risk Transfer Transactions. Michael has combined his environmental, insurance, and other experience to assist clients with the complex risk transfer transactions that are often associated with transfers of environmentally contaminated real estate. In these transactions, Michael negotiates the contracts that transfer the environmental risks, and Michael then works with brokers and underwriters to draft insurance policies designed to address these risks. Michael was involved in "Early Transfer" transactions at the Mare Island Navy Base (California) and the Fort Ord Army Base (California).
In General. Michael received his bachelor's degree, magna cum laude, from the University of South Florida in 1988. He received his J.D., cum laude, in 1991 from Temple University School of Law, where he was a member of the law review. He is a member of the American Bar Association and the Chester County Bar Association. He is on the Advisory Board for City Year Greater Philadelphia, and plays an active role in Drinker Biddle's sponsorship of City Year. Michael is married and has three children.
Michael is admitted to practice in the Supreme Courts of New Jersey and Pennsylvania, the United States District Court for the Eastern District of Pennsylvania, and the United States Court of Appeals for the Third Circuit.