Matthew E. Miller

Partner - Boston

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Contact Information

617.832.3041

617.832.7000

mmiller@foleyhoag.com Download vCard

Matthew Miller’s practice focuses on complex business and commercial litigation with an emphasis on securities litigation, auditor liability matters and business crimes and government investigations. He represents issuers, accounting and consulting firms, company executives and other individuals in securities and business litigation and government investigations. Matthew has extensive experience in representing the “Big Four” and other national accounting firms in private securities litigation, accounting malpractice cases, and in regulatory investigations conducted by the SEC and the IRS. In addition to representing clients at trial and in government investigations, Matthew conducts internal investigations for corporations concerning allegations of fraud, misrepresentations and financial malfeasance.

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Education:

  • Boston University School of Law, J.D., magna cum laude
  • Tulane University, B.A. in Political Science

Representative Experience

  • Represented business consultant in a breach of contract case. Obtained jury verdict following a week-long trial in the Business Litigation Session of Massachusetts Superior Court awarding full breach of contract damages plus treble damages and attorneys’ fees under M.G.L. c. 93A.
  • Representing owner of Massachusetts Power Plant in responding to a federal grand jury investigation regarding alleged violations of the Clean Air Act.
  • Representing consulting firm in connection with a False Claims Act investigation brought by the Office of the Attorney General for the Commonwealth of Massachusetts.
  • Co-authored amicus brief submitted to the United States Supreme Court on behalf of the Product Liability Advisory Council in support of the petition for writ of certiorari filed in Exxon Mobil Corp. v. State of New Hampshire, No. 15-933.
  • Represented Big Four accounting firm in SEC civil enforcement action, federal securities fraud class action and related ERISA and state court litigation, and oversaw various aspects of the firm’s identification, collection and production of electronically stored information.
  • Obtained dismissal of all claims against former CFO of the country's largest mortgage lender in mortgage backed securities litigation.
  • Represented audit committee of public company in conducting an investigation regarding revenue recognition issues.
  • Obtained affirmance of dismissal of securities fraud claims against Big Four accounting firm before the U.S. Court of Appeals for the First Circuit.
  • Represented auditing firms in numerous state court professional malpractice cases.
  • Obtained an arbitration award in favor of publicly traded company client in connection with a complex purchase price dispute.
  • Represented former CEO of public company in SEC investigation and civil enforcement action, and successfully defended client at trial in related private civil litigation.
  • Defended former manager of high-tech firm in SEC insider trading investigation.
  • Defended hedge fund manager in insider trading investigations by the SEC and U.S. Attorney's Office.
  • Defended high-tech company investors in breach of fiduciary duty case in Delaware Chancery Court.
  • Co-author, Electronic Discovery, Massachusetts Discovery Practice (MCLE 3rd Ed. 2017) 
  • Co-Author, Striving for Clarity in Purchase Price Adjustment Dispute Resolution, BOSTON BAR JOURNAL (July 2014)
  • Co-Author, Discovery of Electronically Stored Information – Principles and Best Practices, Boston Bar Association (2014)
  • Author, Beyond Inaccessible Data: Sharing e-Discovery Costs, New England In-House (December 2012)
  • Co-author, The Third Circuit Takes a Narrow View on What E-Discovery Costs May be Awarded to Prevailing Parties, 26 Antitrust 3, 82 (Summer 2012)  
  • Co-author, Awarding E-Discovery Costs to Prevailing Parties Under Rule 54(d), 26 Antitrust 2, 85 (Spring 2012)
  • Co-author, Serving As the Corporation’s Voice – The 30(b)(6) Deposition, 24 Antitrust 2, 92 (Spring 2010)   
  • Co-author, The Federal Rules of Civil Procedure, they are a-changin’, MASSACHUSETTS LAWYERS WEEKLY (December 25, 2006)

Honors

  • Listed as a ‘Rising Star’ in Professional Liability - Defendant , SUPER LAWYERS' MASSACHUSETTS RISING STARS: A COMPREHENSIVE LISTING OF THE BEST YOUNG LAWYERS IN MASSACHUSETTS (2007, 2008, 2009)
  • Boston University School of Law: Winner and Best Oralist of the Albers Honors Moot Court Competition

Involvement

  • American Bar Association, Member
  • Boston Bar Association, Co-Chair, New Partners Forum
  • Past Boston Bar Association, Co-Chair, Class Action Committee, Litigation Steering Committee Member
  • Massachusetts Bar Association, Member
  • Writing Instructor, Boston University School of Law First Year Writing Program

  • 15th Annual Business Litigation Conference, MCLE New England, January 2016
  • “E-Discovery: Myths, Recent Developments & Amendments on the Horizon,” Federal Bar Association, April 2014
  • “Discovery Disputes,” CLE Program, Boston Bar Association, February 2014
  • “Introducing the BBA’s New E-Discovery Guide,” CLE Program, Boston Bar Association, January 2014
  • “Beyond the Emails:  E-Discovery Involving New Communications and Data Storage Technologies,”
    CLE Program, Boston Bar Association, September 2013
  • “How to Succeed as a New Partner,” Boston New Partners Group Breakfast Forum, May 2013
  • Moderator, “Taking and Defending Class Representative Discovery,” Boston Bar Association, May 2013
  • “The SEC’s Authority to Bar Practice Before the Commission Under Rule 102(e) - Recent Enforcement Actions & Developments,” CLE Program, May 2013
  • “What Every Lawyer Needs to Know About E-Discovery,” Boston Bar Association, April 2013
  • “Recent Developments Regarding Liability for Opinions and the Impact on Auditor Defense,” CLE Program, January 2012
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Bar Admissions

  • Massachusetts
  • New York

Court Admissions

  • U.S. District Court for the District of Massachusetts
  • U.S. Court of Appeals First Circuit