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Gregory P. Miller, Esq.
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General Biography
Practice Areas
Business Commercial
Class Action & Mass Tort
Health Care
Insurance
Securities
Honors, Memberships, and Professional Activities
Background and Education
Gregory P. Miller, Esq. is an experienced arbitrator with extensive experience in a wide range of practice areas, including securities, insurance, business/commercial, employment, and health care. Before joining JAMS, Mr. Miller represented clients, plaintiffs and defendants, in local and national matters of great complexity. During his 32 years in private practice, Mr. Miller represented several governmental entities in compliance and employment matters and the Insurance Department for the Commonwealth of Pennsylvania in insurance, regulatory, and reinsurance matters.
Mr. Miller was a partner in the firm Drinker Biddle & Reath LLC and served as one of its managing partners. Before joining Drinker Biddle, he was the majority and founding shareholder of Miller, Alfano & Raspanti, P.C. He entered into private practice in 1984 after almost a decade of public service, first as an officer in the United States Navy, Judge Advocate General’s Corp. and later as a federal prosecutor of the United States Attorney’s Office in Philadelphia.
ADR Experience and Qualifications
Served as the Arbitrator in an action alleging claims of Breach of Contract, Breach of Fiduciary Duty, Fraud and Unjust Enrichment in connection with the purchase of Cryptocurrency.
Served as the Arbitrator in an action alleging claims of Breach of Contract, and Breach of Fiduciary Duties for failure to make required distributions under the terms of a Limited Partnership Agreement.
Served as the Arbitrator in actions alleging a Breach of Franchise Agreement.
Served as the Arbitrator in an action alleging a Breach of an Expert Consulting Agreement.
Served as the Arbitrator in an action alleging a Breach of an Account Agreement with a Financial Institution.
Served as the Arbitrator in a dispute between software engineers and a Cryptocurrency Company concerning the execution, implementation, terms, and payment for services required under a Grant Agreement.
Served as the Arbitrator in a dispute concerning the implementation of a co-packing agreement between two companies involved in manufacturing, packing, and selling cold pressed High-Pressure Processed (“HPP”) juices.
Served as the Arbitrator in a dispute between two companies arising out of the execution, implementation, and payment for an agreement to provide a Cloud Based Enterprise Resource Planning System.
Served as the Arbitrator in an action alleging a violation of the Telephone Consumer Protection Act.
Served as the Arbitrator in a dispute over the termination of a User who submitted content on an Online Platform for violating the Platform’s Terms and Conditions.
Served as Lead Counsel in an Arbitration involving a dispute over the valuation of an acquisition agreement's purchase price adjustment provision.
Served as Lead Counsel in an Arbitration involving an alleged breach of a non-disclosure agreement related to developing and constructing a data center.
Served as a Mediator in a dispute regarding the valuation of the ownership interest in a dialysis center.
Served as a Mediator in an employment action alleging discrimination under the Americans with Disabilities Act.
Served as a Mediator in an employment action alleging race discrimination.
Appointed Special Master by the United States District Court to review claims of Attorney-Client Privilege and application of the Work Product Doctrine to corporate documents seized during a federal search warrant.
Appointed Special Master – Fen-Phen Litigation (1998–2016)
Mr. Miller is nationally known for his significant role as Special Master in the Multi-District Litigation matter In Re: Diet Drugs Products Liability Litigation, MDL No. 21033
The Honorable Louis C. Bechtle first selected Mr. Miller to serve as a Special Discovery Master. His role was subsequently expanded due to the Court’s approval of a class action settlement.
His service as Special Master was continued by the Honorable Harvey Bartle III, when Judge Bartle assumed responsibility for this matter.
Mr. Miller served as Special Master for 18 years, providing primary oversight of the resolution of discovery disputes involving electronic discovery and privilege issues. Mr. Miller directed the settlement implementation and administration, including the supervision of a team of lawyers and paralegals responsible for monitoring the progress of claim payments in approximately 30,000 plaintiffs and 14,000 cases. Mr. Miller and his staff also supervised an arbitration and claims payment process, an escrow account for attorneys’ fees, and provided other support as requested by the District Court.
Representative Matters
Business Commercial
Lead Counsel, Leinheiser v. Dusenbery Worldwide, April Term 2009, No. 1891 (Phila. Cty. Ct. Com. Pl.) (Products Liability Claims related to manufacturing equipment) Leinheiser v. Dusenbery Worldwide, April Term 2009, No. 2072 (Phila. Cty. Ct. Com. Pl.) (Related Case)
Lead Counsel, Exxon Mobil Corp. v. Tredegar Corp., 1:11-cv-02829-MGC (S.D.N.Y.) (Claim under indemnification provision of a purchase agreement)
Class Action & Mass Tort
Lead Counsel, Ciamaichelo v. Indep. Blue Cross, 589 Pa. 415, 909 A.2d 1211 (2006) (Class Action claim based on alleged failure by non-profit corporation to distribute excess surplus)
Lead Counsel, In re DVI, Inc. Securities Litigation, 03-CV-5336-LDD (E.D. Pa.) (Class Action securities case related to restatement of Financial Statements)
Lead Counsel, Class Action alleging age discrimination in the promotion and retention of boiler operators at schools within the Philadelphia School District
Health Care
During his years as a federal prosecutor, Mr. Miller became nationally known for his experience and expertise in the health care enforcement area. As an Assistant United States Attorney and Chief of the Criminal Division, prosecuted the landmark health care fraud case, United States v. Greber, which established new law in the area of Medicare kickbacks. Mr. Miller has experience in the general healthcare area on billing issues, fraud and abuse, Stark regulations and whistleblower claims.
Insurance
Mr. Miller served as counsel to the Insurance Commissioner of Pennsylvania in his role as Rehabilitator of the Mutual Fire, Marine and Inland Insurance Company. In this role, Mr. Miller led a team of lawyers in recovering millions of dollars on behalf of this insolvent estate. One of the recoveries, a $51 million settlement in the case, Foster v. Alexander & Alexander Services, Inc., 1995 WL 27447 (ED. Pa) was recognized by Pennsylvania Law as the largest of the 25 largest Awards & Settlements in Pennsylvania in 1995. This and other recoveries enabled Mutual Fire to be successfully rehabilitated.
Mr. Miller successfully defended Act 6, a comprehensive automobile insurance reform bill, from all challenges brought by the insurance industry and medical professionals. Act 6 was created by Pennsylvania Governor Robert Casey, who specially chose Mr. Miler to defend the bill. The Reform provisions of Act 6 have served as a model to numerous other states.
Securities
Mr. Miller is respected explicitly for his experience involving high-profile cases on behalf of publicly held companies in securities and consumer class actions and shareholder derivative actions. Clients include the Philadelphia Stock Exchange, John Bennett (while CEO of the New Era Foundation), a Big Four accounting firm, the Insurance Commissioner of Delaware, and many others.
Resolved disputes with the S.E.C. and the C.F.T.C. involving allegations of late trading, market timing, and the improper management of a hedge fund
Additional Select Representative Matters
The Republic of Iraq v. ABB Ag et al., 920 F. Supp. 2d 517 (S.D.N.Y. 2013) (RICO action by the Republic of Iraq alleging fraud against companies involved the Oil for Food Programme)
Harris v. Exxon Mobil Corporation, 2:07-cv-00403-TJS (E.D. Pa.) (Personal injury claims associated with pipeline explosion.) Myers v. Exxon Mobil Corporation, 2:07-cv-03320-PD (E.D. Pa.) (Related Case) Fernandes v. Exxon Mobil Corporation, 5:08-cv-00596-PD (E.D. Pa.) (Related Case)
Honors, Memberships, and Professional Activities
Completed Virtual ADR training conducted by the JAMS Institute, the training arm of JAMS.
Select Honors
J. Austin Norris Award, Barristers’ Association of Philadelphia, 2008
Exceptional Service Award, U.S. Department of Health & Human Services, 1984
Memberships
Member, Board of the Defender Association of Philadelphia, 2012–2016 Advisory Board Member, Pennsylvania Innocence Project, 2010-2016
Member, Criminal Justice Act Panel Selection Committee for the United States District Court for the Eastern District of Pennsylvania, 2012-2016
Chambers USA: America’s Leading Lawyers for Business (White-Collar Crime and Government Investigations), Band 1, 2012-2012
Pennsylvania Board of Law Examiners, 2002-2008, Board Chair, 2007-2008 Fellow, International Society of Barristers, 1995-2008
Board of Directors, Health Care Compliance Association, 1998-2001 Disciplinary Board of the Supreme Court of Pennsylvania, 1994-2000 Fellow, American College of Trial Lawyers, 1998-2023
Select Publications
“Risky Business?: Personal Liability of Outside Directors inside a Corporate Insolvency,” Mealey’s Litigation Report: Insurance Insolvency, Summer, 2005
“Finding and Using Your Moral Compass: An Attorney’s Guide to Ethical Conduct,” The Philadelphia Lawyer, Fall 1999, Vol. 62, No. 3
“Government Regulators Seek to Influence Health Care Ethics,” Journal of Health Care Compliance, March/April, 1999
Select Presentations
2011 ABA Sections of Litigation and Criminal Justice Joint Conference, Guidelines for Conducting Internal Investigations in High Profile Public Matters, 2011
DELVACCA 3rd Annual In House Counsel Conference, Benefits and Hazards of Internal Investigations in a Highly Regulated Environment, 2011
ICI’s General Membership Meeting Legal Forum, New Avenues of Disclosure Liability for Mutual Funds, Advisers and Boards, 2009
12th Annual Insurance Institute, Merging Coverage – Terrorism and D&O Issues, 2008
Health Care Compliance Association’s Region III Best Practices Forum, Professional Issues for the Compliance Professional, 1999
Pennsylvania Bar Institute’s Fifth Annual Business Lawyers’ Institute, Corporate Compliance, 1999
Washington G2 Reports’ 17th Annual Program Lab Institute, Measuring Your Program’s Effectiveness: Compliance Pont/Counterpoint, 1999
Background and Education
Drinker Biddle & Reath LLP, 2008-2016
Miller, Alfano & Raspanti, P.C., 1989-2007
Hoyle Morris & Kerr, 1985-1989
United States Attorney’s Office, Eastern District of Pennsylvania, 1978-1984
United States Navy, 1975-1978
J.D., Case Western Reserve University School of Law, 1975
B.A., Mount Union College, 1972
Counsel Comments
“He is among the smartest lawyers I’ve ever met; he is one of those people that everyone listens to.”
- Chambers commentator
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Counsel Comments
- Chambers commentator