Matthew E. Miller

Partner - Boston

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Matt Miller represents clients in internal investigations, government investigations and complex disputes relating to professional liability, securities and regulation, breach of contract and general business torts. He 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, the IRS, and the Massachusetts and New York Attorney Generals Offices. Through representing clients in SEC matters, Matt has developed expertise on the SEC’s emerging framework requiring disclosure on Environmental Social and Governance (ESG) issues, and is a member of the firm’s ESG practice group. Matt also has extensive first chair trial experience, representing clients in bench and jury trials in state and federal court, as well as in arbitration and mediation forums. 

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Education:

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

Representative Experience

  • Obtained dismissal of aiding and abetting fraud claim on behalf of Big Four audit firm in the Commercial Division of the New York Supreme Court.
  • Representing Big Four audit firm in connection with SEC investigation concerning global pharmaceutical company.
  • Representing national accounting firm in connection with joint DOJ and SEC investigation concerning healthcare service company. 
  • Conducted an internal investigation on behalf of a Massachusetts charity concerning employee fraud and defalcation.
  • Conducted internal investigation on behalf of the audit committee of board of publicly traded pharmaceutical company relating to disclosure issues.
  • 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.
  • Represented owner of Massachusetts Power Plant in responding to a federal grand jury investigation regarding alleged violations of the Clean Air Act.
  • Represented 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. 
  • Obtained affirmance of dismissal of securities fraud claims against Big Four accounting firm before the U.S. Court of Appeals for the First Circuit. 
  • 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.
     

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Involvement

  • American Bar Association
  • Boston Bar Association, Co-Chair, New Partners Forum; Co-Chair, Class Action Committee; Litigation Steering Committee
  • Massachusetts Bar Association
  • New York State Bar Association

  • 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 for the First Circuit