Simon Miller is a Partner in the Firm’s Litigation Department. He works in the firm’s New York office.
Simon concentrates his broad-based federal and state commercial and business litigation trial and appellate practice on representing owners of closely held businesses in a wide variety of industries in ownership-related disputes.
Often referred to as a “business divorce” lawyer, he routinely represents clients in partnership/corporate dissolution proceedings, business valuation proceedings, shareholder appraisal proceedings, minority shareholder oppression or breach of fiduciary duty actions, joint venture disputes, and surrogate court proceedings relating to family-owned businesses.
Simon has significant experience in the representation of professional service providers such as law firms, accounting firms, investment advisory firms, and hedge funds in connection with formation, dissolution, and withdrawal of members from a counseling, negotiating, and, as necessary, litigation standpoint. He also has experience representing investment banks and brokerdealers in employment and trade secret disputes as well as a variety of clients in New York City government administrative proceedings.
As a resolution-oriented litigator, Simon complements his trial-based litigation practice with his work as a mediator. He is a member of the panel of mediators for both the New York State Supreme Court Commercial Division for New York County and the Southern District of New York. He is also a certified Part 36 receiver.
Simon’s litigation victories include a jury verdict in favor of a former partner in a hedge fund and financial advisory firm on his claim for breach of a reorganization agreement with his former firm, resulting in a $9 million settlement. In other select engagements, he has represented:
- A prominent New York law firm, in a dispute with a former partner in which the former partner sought a partnership accounting, notwithstanding the fact that the law firm was organized as a corporation. After the trial, the court entered judgment in favor of the firm, whose judgment was affirmed on appeal. See Weiner v. Hoffinger Friedland Dobrish & Stern, P.C. et al., 749 N.Y.S.2d 255 (2nd Dep’t 2002).
- A founding shareholder of a highly successful New Jersey ambulatory surgery center, in a breach of fiduciary duty lawsuit in connection with the wrongful termination and redemption of his interest, resulting in a substantial decision in the client’s favor.
- The departing partners from a law firm, in an appeal of adverse judgment finding that they had breached their fiduciary duties to the law firm. See Gibbs, et al. v. Whitman Breed Abbott, et al., 710 N.Y.S.2d 578 (1st Dep’t 2000).
- A national internet service and content provider as well as the officers and directors of the company, in a suit brought by a founding shareholder and officer for breach of fiduciary duty and violations of securities law that resulted in a dismissal of all claims against the company and its officers and directors.
- Various national securities brokerage firms, before both courts and arbitral panels in disputes over whether the departing brokers may solicit firm employees.
- A group of minority shareholders, in an appraisal proceeding seeking the fair value of their interest in a corporation owning a major parcel of New York commercial real estate.
- A major New York-area cable television franchisee, in connection with its application to renew its New York City franchise.
- Professional Services
- Real Estate
- Boston University School of Law, J.D.
- Cornell University, B.A.
- New York
- New Jersey
- Supreme Court of the United States
- United States Court of Appeals for the Second Circuit
- U.S. District Court – New Jersey
- U.S. District Court – Eastern District of New York
- U.S. District Court – Southern District of New York
Professional Affiliations and Civic Involvement
- New York State Bar Association
- Member of the New York State Bar Association’s Commercial & Federal Litigation Section, Committee on the Commercial Division and Committee on Dispute Resolution
- Board member of the Bowery Residents’ Committee, a homeless services organization
- Former vice president of the New York City Department of Education, Community Education Council, District 2
- “Test for Applying Fiduciary Exception to Privilege.” (Author, New York Law Journal, November 6, 2015)
- “Report on Use of Receivers in Business Dissolution Proceedings, Committee on the Commercial Division.” (Author; New York State Bar Association, Fall 2011)
- “Take a Critical Look at Partner Agreement.” (Co-author; New York Law Journal, January 31, 2000)
- “What Baggage Can Withdrawing Law Partners Carry Out the Revolving Door?” (Co-author; Rhode Island Bar Journal, Vol. 49, No. 4, January 2001)
- Articles Editor, American Journal of Law and Medicine (1992-93)