Gary M. Miller

Gary Miller represents clients in complex business disputes. He has handled cases concerning many areas of commercial litigation, including breach of contract, breach of fiduciary duty, common law and statutory fraud, post-termination covenants, trade secrets, trademark, trade dress and copyright. His practice covers matters pending in tribunals nationwide, including federal district and appellate courts in many jurisdictions and state courts in Illinois, New York, California, Washington, Texas and Florida. He also has represented clients in arbitrations and mediations before the Financial Industry Regulatory Authority, the American Arbitration Association and JAMS.

Representative cases:

• Represented the Chicago Cubs in a suit against the owners of buildings across from Wrigley Field who charged admission to watch Cubs games from the rooftops of their facilities. The case involved novel issues of common law misappropriation, copyright preemption and the fair use doctrine.


• Defended IBM in several large breach of contract and fraud cases concerning complex software implementations. See Irwin Seating Co. v. IBM, 2007 WL 2351007 (W.D. Mich. Aug. 15, 2007); M. Block & Sons, Inc. v. IBM, 2004 WL 1557631 (N.D. Ill. July 8, 2004).  Represented IBM in other matters, including a suit brought by FDT.com relating to the design of a website and a suit brought by an IBM subcontractor concerning work on a government computer project.  See Business Systems Engineering, Inc. v. IBM, 520 F. Supp. 2d 1012 (N.D. Ill. 2007).


• Defended the streaming media pioneer RealNetworks in the first internet privacy class actions.  In re RealNetworks Privacy Litigation, 2000 WL 631341 (N.E. Ill. May 8, 2000).  Represented RealNetworks in other matters involving allegations of consumer fraud.  Koresko v. RealNetworks, 291 F. Supp. 2d 1157 (E.D. Cal. 2003).


• Represented clients in over 50 fair competition cases in federal and state courts and arbitration forums nationwide. Most of these cases involved claims for breach of post-termination covenants, misappropriation of trade secrets and breach of fiduciary duty. Mr. Miller’s clients in this areas include Smith Barney, American Express Financial Advisors, IDS Life, CNA and CCA Strategies.


• Handled numerous trademark and copyright cases in federal courts across the country.


• Defended proprietary trading firm in several lawsuits involving claims for breach of contract, breach of fiduciary duty and fraud.  Represented firm in case concerning ownership of copyrights and other intellectual property rights in a computer system used to trade options.

Publications and Speeches:

• Gary M. Miller and Lynn H. Murray, Trade Dress and Other Intellectual Property -- Implications for Landlords (12/3/07).
• Gary M. Miller and Lynn H. Murray, Protecting Your Products and Packaging (10/18/07).
• Gary M. Miller, Emergency Litigation (8/31/06).
• Gary M. Miller and Todd C. Jacobs, Enforcing Clickwrap Agreements, NATIONAL LAW JOURNAL (March 11, 2002).

Acknowledgements:

• Illinois Super Lawyer, Business Litigation
• Illinois Leading Lawyer
• Chicago Magazine's Rising Stars Section -- Outstanding Young Lawyer

Mr. Miller has represented several clients on a pro bono basis in federal civil rights litigation. He has served on the judicial evaluation committee of the Chicago Counsel of Lawyers. He has judged moot court and mock trial competitions facilitated by Kent Law School. He also has served as an instructor for a Northwestern Law School program designed to acclimate students to the rigors of law school during the summer before their 1L year.