Howard B. Miller, Esq. is a Fellow of the Chartered Institute of Arbitrators (FCIArb). In the course of his extensive litigation career, he has represented plaintiffs and defendants in all areas of civil litigation. Because of his experience representing diverse clients, from individuals to small businesses, and being on the boards of and representing public companies, he has a rare perspective from having been on all sides of conflicts and disputes. For the past 16 years, he has evaluated, managed and handled major cases in all areas of intellectual property, including copyright and entertainment, trademarks and trade secrets and patent litigation. He also has extensive experience in complex commercial litigation; consumer class actions; and real estate litigation, transactions and financing, as well as environmental law.

The wide range of clients, roles and substantive matters provides Mr. Miller with unique, invaluable insight into case evaluation and high-stakes litigation. His intense focus in settlement is to calmly seek resolution by empathizing with the needs, understanding and goals of those involved. His command of substantive law is extensive. He was for many years a professor at the USC Gould School of Law, where he taught classes on civil procedure, contracts, real property, antitrust, securities and international law. He also is well-known for having taught for over 20 years in a leading California bar review course. He lectures and speaks frequently on intellectual property and international legal issues, most recently in Beijing; Shanghai; Seoul; Hyderabad; Bangalore; New Delhi; Ulaanbaatar; Washington, D.C.; Toronto; London; and Berlin.

Mr. Miller is a past President of the State Bar of California. He has been at the center of the California legal profession since he began his career as law clerk to Justice Roger J. Traynor of the Supreme Court of California.

Representative Matters

• Class Action and Mass Tort
• Argued first Class Action Fairness Act (CAFA) case in 9th Circuit
• Numerous consumer class actions, including matters concerning motor fuel purchases, cell phone sales, storage space costs, data breach and fraudulent bank action
• Represented defendant in successful denial of class certification in an action brought by real estate investors against a major brokerage house
• Argued in California Supreme Court the issue of class certification for medical monitoring
• Copyright, Trademark and Entertainment
• Prevailed in 9th Circuit en banc argument, holding idea submission cases are not preempted by copyright, the leading case in the area
• Representation and evaluation of idea submission cases
• Copyright cases involving movies, books, TV shows and music
• Disputes over film and television financing and ownership
• Major trademark dispute with Fortune 500 company    
• Literary character trademark dispute
• Dispute concerning estate of major entertainer in claims involving music royalties
• General Commercial Litigation
• Represented NASDAQ-listed, foreign-based company in a joint venture contract dispute
• Represented major hotel operating company in financing and Chapter 11 reorganization of national hotel
• Served on board of a Fortune 500 company during Chapter 11 reorganization
• Represented lawyers in law firm partnership dissolution and dispute
• Represented receiver in a major Ponzi scheme case, including anti-SLAPP issues
• Represented small business in an antitrust and Cartwright Act case
• Patent and Technology
• Patent dispute concerning medical technology
• Patent dispute concerning payment systems for international phone charges
• Patent dispute over GPS locator for emergency medicine
• Represented insured in a case establishing insurance coverage for destruction of digital library
• Patent dispute involving a beverage container design patent against an international conglomerate
• Worked with numerous high-tech start-ups in areas of medical technology and financial technology
• Personal Injury
• Represented parties on trial and appeal in traumatic injury cases
• Represented parties on trial and appeal in toxic tort matters
• Argued leading California Supreme Court Case on ordering medical monitoring for injured class
• Represented student in special education harassment case against a school district
• Represented university student in sexual harassment claim
• Represented passenger in car ride program involving assault by driver
• Real Estate & Real Property
Real Estate, Real Estate Financing and Environmental Litigation
• Represented joint venture of a Fortune 100 company in billion-dollar real estate workouts
• Represented clients disputing South Coast Air Quality Management District environmental regulations
• Represented national railroad in fee ownership disputes over land development
• Represented shopping center owner in a landlord/tenant dispute
• Represented finder’s fee complaint against a shopping center developer
• Represented financial institution in foreclosure actions against borrowers

Honors, Memberships, and Professional Activities

Completed Virtual ADR training conducted by the JAMS Institute, the training arm of JAMS.

Honors

• Learned Hand Award, American Jewish Committee, Los Angeles Chapter, 2011
• Commencement Speaker, University of Southern California Gould School of Law, 2010
• Maynard Toll Award for Distinguished Public Service, Legal Aid Foundation of Los Angeles, 2009
• Southern California Super Lawyer, Los Angeles Magazine, 2005–2021
• 500 Leading Litigators in America, Lawdragon Magazine, 2006
• Top 100 Lawyers in Los Angeles, Los Angeles Business Journal
• Alumni Award for Public Service, University of Chicago, 1973
• Award for Leadership in Civil Rights, Coalition of Los Angeles Civil Rights Organizations Celebrating the 25th Anniversary of the Civil Rights Act, 1989
• Senior Advisor on Law Reform to the Mongolian Bar Association, 2014
• Beacon of Justice Award, Los Angeles County Law Library, 2015

Memberships and Professional Activities

• Fellow, The Chartered Institute of Arbitrators (FCIArb)
• Chair, Community Relations Committee, Jewish Federation Council of Greater Los Angeles, 1986–1989
• President, Los Angeles Chapter, American Jewish Committee, 1983–1986
• President, State Bar of California, 2009–2010
• Board of Governors, State Bar of California, 2006–2009
• Chief Operating Officer, Los Angeles Unified School District, 1999–2000
• Executive Editor, Los Angeles Daily Journal, 1981
• President of the Board of Education, Los Angeles Unified School District, 1977–1979
• Principal Advocate, “The Advocates,” Public Broadcasting System, 1969–1974
• Member of several bar associations, including Los Angeles County Bar Association, American Bar Association, Consumer Attorneys Association of Los Angeles, Association of Business Trial Lawyers, American Intellectual Property Law Association, Federal Circuit Bar Association and Beverly Hills Bar Association

Background and Education

• Head of intellectual property, complex commercial litigation and international litigation and dispute resolution practices, Girardi | Keese, Los Angeles, 2002–2018
• Professor of Law, University of Southern California Law School, 1969–1977
• Associate Professor, University of Southern California Law School, 1965–1969
• Law Clark to Justice Roger J. Traynor, Supreme Court of California, 1960–1961
• J.D., University of Chicago Law School, Order of the Coif, 1960
• Editor-in-Chief, University of Chicago Law Review
• B.A., Pepperdine University, 1957