Ralph Miller

District of Columbia

District of Columbia Bar

Since 1973

Partner

Weil, Gotshal & Manges LLP

Current

Current

Owens Corning Chapter 11 ProceedingCo-lead counsel with Martin Bienenstock and Richard Rothman (both in the firm's New York office) for Credit Suisse First Boston, as agent bank for the bank group, in asbestos liability estimation trial in 2005 in federal district court in Philadelphia. Williams Companies Securities LitigationLead counsel representing outside directors of the Williams Companies in a securities case pending in federal court in Tulsa, Oklahoma. El Paso Tennessee Pipeline, Inc., et al. v. ExxonMobil Corporation, et al.Lead counsel for ExxonMobil in a case in Tarrant County, Texas alleging defense and indemnification obligations for hundreds of asbestos liability lawsuits arising from an oil refinery purchased by ExxonMobil in Chalmette, Louisiana and for future asbestos liabilities; recently settled on a confidential basis after mediation. UICI Corporation, Mega Life and Health Insurance Company, and Mid-West Life Insurance Company of TennesseeNational coordination counsel on individual agent and class action cases in multiple states, including cases in Colorado, Idaho, Mississippi, California, Oklahoma, Texas, and New Mexico: ; consumer private attorney general actions, class actions, breach of contract. SmartPipes Inc.SmartPipes, Inc. v. Kovert Soft Technologies, Inc.; Represented plaintiff in copyright and trademark infringement lawsuit. Following a favorable ruling at a hearing, case settled favorably for plaintiff on confidential basis. In re G-I Holdings, Inc.Supervising litigation counsel in pending proceedings in federal district court and bankruptcy court in New Jersey seeking estimation of asbestos liability for products sold under the GAF brand and declaratory judgment concerning any successor liability of G-I’s major operating subsidiary for asbestos claims against its parent. In re CFS Securities Fraud LitigationLead counsel for defendant Arthur Andersen LLP in more than a dozen securities fraud lawsuits, collectively alleging more than a billion dollars in damages arising out of the business failure of Commercial Financial Services, Inc., all currently pending in federal and state courts in Tulsa, Oklahoma. Richard Schappel v. UICI, et al.As lead counsel for the corporate defendant, UICI, obtained dismissal in a shareholders’ derivative case following an investigation by independent counsel. David Nichols and Nichols Lures, Inc. v. Strike King Lure Company, Wal-Mart Stores, Inc., et al.Senior counsel for Wal-Mart Stores, Inc. in a patent infringement lawsuit in federal court. Following a favorable ruling at a Markman hearing, the case was settled at no cost to Wal-Mart. BroTech Corporation, et al. v. European Bank for Reconstruction and Development, et al.Lead US counsel for the European Bank for Reconstruction and Development in a lender-liability suit in federal court in the Eastern District of Pennsylvania, which was dismissed under the doctrine of sovereign immunity. Pacific Mutual Life Insurance Co. v. Ernst & Young LLPLead counsel for defendant Ernst & Young in a case alleging professional malpractice and fraud; argued successful summary judgment motion in the trial court and the successful appeal. In re Compact Disc Antitrust LitigationLead trial counsel for defendant EMI in consolidated antitrust class actions in Los Angeles claiming price fixing by music companies, which were ultimately settled before trial. In re Greyhound Lines Securities LitigationLead counsel for defendant Greyhound in multiple class actions brought in both federal and state courts in Texas alleging securities fraud. David Askanase, Trustee v. FatjoLead trial counsel for defendant Ernst & Young in litigation brought by a bankruptcy trustee claiming failure by the auditors and officers to detect deepening insolvency of a health club business. Following a jury trial in federal court in Houston, all claims against Ernst & Young were dismissed. Foster v. Ernst & Young LLP, et al.Lead counsel for Ernst & Young in an audit malpractice case brought by the receiver for the Home Owners Warranty Insurance Company. Summary judgment was obtained for Ernst & Young on all counts, leading to a confidential settlement. Southmark Corporation v. Ernst & Young LLPLead counsel for Ernst & Young in a fraud case based on alleged failure to disclose developers’ fees. Two summary judgments were obtained for Ernst & Young, but both were reversed, leading to a confidential settlement before trial after the second remand. Hotel Development Investments LP, et al. v. Nomura Asset Capital CorporationLead counsel for Nomura in a lender liability case arising from a credit line issued to construct ten hotels. The dispute was settled on a confidential basis after mediation. OYL Corporation v. Richard Snyder, et al.Successfully defended selling shareholders in an arbitration brought by the Indonesian purchaser of an air conditioning manufacturing business, which was seeking to impose indemnity obligations under a purchase contract for various environmental costs at multiple plants. Sequa Corporation v. Pratt & Whitney, Inc.Trial counsel for Sequa Corporation in an extended jury trial. Anago Corporation v. PriceWaterhouseLead counsel for PriceWaterhouse in a professional malpractice action, which was settled confidentially. TIG Insurance Company v. PricewaterhouseCoopersLead counsel for PricewaterhouseCoopers in a case alleging audit malpractice, which was settled confidentially. A&F Insurance Agency v. The Prudential Insurance Company of AmericaRepresented Prudential in an agency termination dispute, resolved by a confidential settlement. Eagle-Picher Technologies, LLC v. Isonics Corp.Lead counsel for Eagle-Picher Technologies in an AAA arbitration concerning a contract for joint development of an exotic isotope with approximately $50 million in controversy. The matter was resolved by a confidential settlement. Confidential arbitrations for a major aerospace companySenior trial counsel for a large aerospace manufacturer in three separate confidential arbitrations alleging purchase-price adjustments arising from the sale of business units, two of which alleged more than a billion dollars in damages. One of these was tried before an arbitrator to a successful conclusion and the other two were settled. Confidential accounting arbitrationsLead counsel for defendant in dozens of arbitrations brought by former store managers against a large electronics retailer, claiming fraud in underpayment of salaries and bonuses based on allegedly understated store profits; one arbitration was resolved after trial in defendant’s favor in Pittsburgh, Pennsylvania, and another produced summary judgment for defendant, leading ultimately to favorable settlement of all other pending arbitrations and to dismissal of one related lawsuit. Counsel disqualification casesAs special counsel, successfully resisted disqualification of a medium-sized law firm in a confidential arbitration in Washington DC; as lead counsel for plaintiff, obtained disqualification of a small firm (currently on appeal) in Robert Woolley v. Charles Sweeney.

University of Texas

J.D.

1972

University of Texas

B.A.

1969

District of Columbia Bar

Member

1973 - Current

Publication

Best Practices in Drafting Contracts and Settlement Agreements (May 22, 2008, Association of Corporate Counsel Symposium, Dallas-Ft. Worth Chapter)

“Arbitration Simulation: Theory and Demonstration,” speech, paper and program at the Dallas High Stakes Financial Services Lending and Litigation Issues Symposium sponsored by Weil, Gotshal & Manges (Dallas, February 01, 2005)

“Settlement of Securities Cases,” speech at Findlaw Corporate Counsel Symposium titled Securities Law Update (Dallas, TX, November 01, 2003)

“Recovering Attorneys’ Fees in Texas,” program for the Litigation Section of the Dallas Bar Association (Dallas, TX, September 01, 2003)

Recovering Attorneys’ Fees in Texas (September 01, 2003) Program for the Litigation Section of the Dallas Bar Association

“ADR Update,” panel speaker, Dallas Bar Association (Dallas, TX, May 03, 2003)

"Special Problems in Arbitration," High Stakes Arbitrations, International and Domestic. Sponsored by Weil, Gotshal & Manges LLP. (Dallas, TX, September 25, 2002)

“Arbitration Simulation: Theory and Demonstration,” speech, paper and program at the Dallas High Stakes Arbitration Symposium, International and Domestic sponsored by Weil, Gotshal & Manges (Dallas, TX, September 01, 2002)

“Deposition Techniques,” speech during program titled “Advice from the Experts: Successful Strategies for Winning Commercial Cases in Federal Courts,” Dallas Bar Association (Dallas, TX, June 01, 2002)

“Taking and Defending Effective Depositions in Texas,” Lorman Education Services (December, 1999; December, 2000; and December, 2001) (Dallas, TX, December 01, 1999)

“Focusing the Case: Focus Groups and Mock Juries,” State Bar of Texas 20th Annual Advanced Civil Trial Course, speech and paper in Dallas and South Padre Island (September, 1997) and paper only in Houston (November, 1997) (Dallas/Houston, TX, September 01, 1997)

“Use of Computers in Trial,” State Bar of Texas 4th Practical Computer Seminar, speech and paper (Fort Worth, TX, June 01, 1993)

“Litigation Management and Case Evaluation with Jury Consultants” to the legal department of The Prudential Insurance Company of America (Dallas, TX, January 01, 1993)

“The Instant Office: Portable Technology for Lawyers,” speech and paper at Law Technology ‘93, ‘94, ‘95, ‘96 (paper only), and ‘97 (Dallas, TX, January 01, 1993)

“Cost-Effective Litigation Techniques for the 90’s,” speech at Weil, Gotshal & Manges seminar (Houston, TX, November 01, 1992)

“Database Management for Litigation,” Law Technology ‘92, speech (Dallas, TX, September 01, 1992)

“Avoiding Typical Legal Problems of Accountants,” speech to the Dallas Chapter of the National Association of Cost Accountants (Dallas, TX, April 01, 1992)

“Litigating the Large, Complex Case Cost-Effectively, Aggressively and Creatively,” speech at Weil, Gotshal & Manges seminar for in-house counsel (New York, NY, October 01, 1991)

“Computer Imaging in Litigation Support,” speech at the State Bar of Texas 2nd Practical Computer Seminar (Houston, TX, June 01, 1991)

“Expert Systems--Evolution of Technology in Corporate Secretary Practice,” presentation to the Dallas Chapter of the American Society of Corporate Secretaries (Dallas, TX, January 01, 1991)

“Overview of Technological Innovations,” speech and paper at the Annual Institute titled “Innovations in Major Litigation,” Co-sponsored by the Antitrust and Trade Regulation Section and the Professional Development Program of the State Bar of Texas in Dallas (Dallas, TX, January 01, 1990)

“Minimizing Accountants’ Liability Risks,” speech to the Dallas Chapter of the National Association of Cost Accountants (1989) and the Association of Women’s Accountants in Dallas (1990) (Dallas, TX, January 01, 1989)

“Successful Computer Uses by Litigators,” program co-chairman and speech, “Automated Proof Outlining,” Litigation Section, American Bar Association Annual Meeting (New York, NY, January 01, 1986)

“Advanced Management Techniques for Litigation,” program co-chairman and panelist Litigation Section, American Bar Association, Fall Meeting (Los Angeles, CA, September 01, 1983)

“Strategic Litigation Planning with Computer Models,” Legal Tech Conference in Los Angeles (1983) and New York (1984) (Los Angeles/New York, January 01, 1983)