Simon J.K. Miller
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Simon J.K. Miller concentrates his broad-based federal and state commercial and business litigation trial and appellate practice on representing owners of closely-held businesses in a wide variety of industries in ownership-related disputes.
Often referred to as a “business divorce” lawyer, he routinely represents clients in partnership/corporate dissolution proceedings, business valuation proceedings, shareholder appraisal proceedings, minority shareholder oppression or breach of fiduciary duty actions, joint venture disputes, and surrogate court proceedings relating to family-owned businesses.
Mr. Miller has significant experience in the representation of professional associations such as law firms, accounting firms, investment advisory firms, and hedge funds in connection with formation, dissolution, and withdrawal of members from a counseling, negotiating, and, as necessary, litigation standpoint. He also has experience representing investment banks and broker-dealers in employment and trade secret disputes as well as a variety of clients in New York City government administrative proceedings.
As a resolution-oriented litigator, Mr. Miller complements his trial-based litigation practice with his work as a mediator. Mr. Miller is a member of the panel of mediators for both the New York State Supreme Court Commercial Division for New York County and the Southern District of New York. He is also a certified Part 36 receiver.
While in law school, Mr. Miller was the articles editor for the American Journal of Law and Medicine. Throughout his career, he has authored various articles, including:
- "Report on Use of Receivers in Business Dissolution Proceedings, Committee on the Commercial Division.” (Author; New York State Bar Association, Fall 2011)
- "Take a Critical Look at Partner Agreement." (Co-author;New York Law Journal, Page S-5, January 31, 2000)
- "What Baggage Can Withdrawing Law Partners Carry Out the Revolving Door?" (Co-author; Rhode Island Bar Journal, Vol. 49, No. 4, January 2001)
- Successfully represented a prominent New York law firm in a dispute with a former partner in which the former partner sought a partnership accounting notwithstanding the fact that the law firm was organized as a corporation. After the trial, the court entered judgment in favor of the firm, whose judgment was affirmed on appeal. See Weiner v. Hoffinger Friedland Dobrish & Stern, P.C. et al., 749 N.Y.S.2d 255 (2nd Dep't 2002).
- Successfully represented a founding shareholder of a highly successful New Jersey ambulatory surgery center in a breach of fiduciary duty lawsuit in connection with the wrongful termination and redemption of his interest, resulting in a substantial decision in the client's favor.
- Successfully represented the departing partners from a law firm in an appeal of adverse judgment finding that they had breached their fiduciary duties to the law firm. See Gibbs,et al. v. Whitman Breed Abbott, et al., 710 N.Y.S.2d 578 (1st Dep't 2000).
- Represented a national Internet service and content provider as well as the officers and directors of the company in a suit brought by a founding shareholder and officer for breach of fiduciary duty and violations of securities law that resulted in a dismissal of all claims against the company and its officers and directors.
- Represented various national securities brokerage firms before both courts and arbitral panels in disputes over whether the departing brokers may solicit firm employees and clients and make use of their former employers’.
- Represented a group of minority shareholders in an appraisal proceeding seeking the fair value of their interest in a corporation owning a major parcel of New York commercial real estate.
- Represented a major New York area cable television franchisee in connection with its application to renew its New York City franchise.
COMMUNITY SERVICE & AFFILIATIONS
Mr. Miller plays an active role in various community groups, including acting as a board member of the Bowery Residents' Committee (“BRC”), a homeless services organization, and as vice president of the New York City Department of Education, Community Education Council, District 2.
He is also a member of the New York State Bar Association’s Commercial & Federal Litigation Section on their Committee on the Commercial Division and Committee on Dispute Resolution.