For decades, our attorneys have successfully represented accounting clients ranging from sole practitioners and small partnerships to some of the nation’s largest accounting firms. Our practice runs the entire gamut of accounting malpractice litigation, including defending against claims of negligent representation, failure to detect client embezzlement, deficient consulting services, negligent preparation of tax returns, incomplete audits, and emerging areas of accountant fiduciary and trustee liability.
- Represented prominent accounting partnership in several litigated actions in different forums involving former accountant co-partner embezzlement of client funds and related alleged negligent trustee services reaching into the millions;
- Represented established outside accounting consulting firm in litigation involving millions in corporate and principal private funds due to alleged failure to detect sophisticated inside controller embezzlement scheme ongoing for a decade across a complex corporate structure;
- Represented numerous accountants and firms for alleged improper tax advice and tax return filings for corporations, partnerships and family trusts
With the wave of litigation surrounding the mortgage industry, appraisers are, more frequently than ever, being swept into the fray. Appraisers now face claims ranging from errors and omissions in the appraisal process, to allegations of negligent misrepresentation, to even more serious charges of mortgage fraud or illegal flipping schemes. Miller Law Associates, APC represents appraiser professionals against the full range of allegations, through initial case evaluation, analysis of strategic options, and resolution via arbitration, settlement or trial.
- Advised appraiser and firm concerning options in response to alleged improper selection of comparables and negligent calculations resulting in substantial damages;
- Represented appraiser accused of participating in illegal flipping scheme.
Miller Law Associates, APC ‘s attorneys have extensive experience representing architects, engineers and design professionals against errors and omissions claims and litigation. Our years of experience in underlying construction defect litigation provide a solid foundation for understanding the construction industry and representing the unique interests of design professionals in these actions. Whether engaging in mediation or taking a strong stance through trial, Miller Law Associates, APC knows your profession and is ready to put its years of expertise to work for you.
Represented A&E/design professionals against countless lawsuits and claims asserted over the past 3 decades by individuals, homeowners associations, general contractors, developers and others alleging professional negligence relating to commercial and residential developments throughout California.
Our attorneys have earned national reputations for representing attorneys and law firms, from multi-national firms to sole practitioners, in hundreds of cases involving virtually every substantive area of legal practice. We have handled attorney malpractice litigation alleging errors in connection with bankruptcy, products liability, securities law, intellectual property, corporate and partnership disputes, transactional work, probate, criminal law, fraud, fiduciary duties, immigration, trusts, malicious prosecution, contracts, conspiracy, tax advice, family law, trusts and estates, and litigation-related errors. Our attorney are also active in ABA , state and local bar committees, with Partner Randy Miller currently serving as co-Chair of the California State Bar Committee on Professional Liability Insurance.
- Defended high profile attorney in legal malpractice action arising out of advice regarding modification of a high wealth family trust, with alleged $1 million in consequences;
- Represented prominent law firm in malicious prosecution action pertaining to representation of a city against an outside vendor accused of defrauding city support services through alleged false invoicing for over a decade;
- Represented individual attorneys and law firm in transactional malpractice arising out of alleged failure to properly draft contract to protect income stream against future transactions;
- Securing collection on multi-million dollar attorneys’ fees award following successful defense of professional malpractice lawsuit.
Given the highly regulated banking and lending environment and heightened public scrutiny, litigation against banks and lenders is on the rise. Miller Law Associates, APC’s expertise extends from traditional lender liability claims and beyond, to today’s novel breach of fiduciary duty theories based on alleged financial misrepresentations, contractual claims and institutional negligence in residential and commercial lending.
Litigated coordinated multi-district lawsuits with respect to claims by participating banks against originating bank, its directors/officers and the FDIC for improper documentation practices and alleged negligent drafting of construction loan for a prominent residential development plan with projected losses in excess of $18 million. Defense verdict.
In these challenging financial times, securities professionals and financial advisors increasingly find themselves the target of claims by frustrated investors. These claims can involve allegations of imprudent investment advice, churning, fraud and negligent misrepresentation, breach of fiduciary responsibilities, and unsuitability of investment or risk. Whether before FINRA or the courts, Miller Law Associates, APC has experience vigorously defending against broker-dealer and investment advisor claims.
- Represented national promoter and Plan architect on numerous IRS 419 lawsuits and claims filed by plan participants in dozens of states across the country;
- Litigated numerous alleged abusive tax shelter cases on behalf of defendants who marketed and sold IRC 412i and 419 plans involving allegations of imprudent investment, fraudulent and negligent misrepresentation and breach of fiduciary duties, among other claims.
Certified Financial Planners
Miller Law Associates, APC attorneys have represented certified financial planners in all aspects of their advice to clients, including qualified and non-qualified products, deferred compensation plans, Rabbi Trusts, fixed and variable annuities, and investment of all types.
- Represented major issuer of deferred compensation plan against quasi-class action claim for fraud and negligence claims brought by dozens of purchasers;
- Represented CFPs in waves of litigation involving improper placement and failure to fully disclose risk in purchase of variable annuities.
At Miller Law Associates, APC, we represent credit unions in a wide variety of complex high stakes litigation including trade secret charges between successive unions, negligent investment advice, employment claims, breach of fiduciary duty, fraud, interference with economic advantage, defamation, and Business and Professions Code 17200 unfair business practices.
- Represented CEO of credit union against litigation by former credit union employer relating to complex, high stakes conflict of interest, self-dealing and trade secret issues;
- Represented credit union in plaintiff’s action against former employees on trade secret issues. to recover losses;
- Represented credit union in claims by former employees relating to requirement that employee reimburse company for losses caused by negligent handling errors to consumer.
Whether a small, closely held company, mid-sized regional operation with several offices, or large multi-national organization, we have counseled and represented founders, principals, officers, directors, and managers in a wide variety of disputes, litigation, risk management and counseling. Our cases have included bank and credit union CEO’s, professional organization directors and officers, investment banks, and trucking companies, to name a few.
- Represented directors and officer of banking institution in coordinated multi-district lawsuits, with respect to claims of alleged negligent drafting of construction loan for a prominent residential development plan;
- Represented President and director of national logistics company in protracted litigation alleging abusive and fraudulent executive compensation and damages resulting from conflict of interest, mismanagement and self-dealing.
Often, professionals wear diverse hats in dealing with their clients, providing concurrent or successive services in differing roles such as a trustee, director, attorney and executor, that may trigger multiple and sometimes conflicting fiduciary responsibilities. Miller Law Associates, APC represents fiduciaries when these complex, often overlapping roles become the subject of claims or litigation.
- Represented defendant accused of breach of fiduciary duty in his various roles as trustee, director/officer, executor, lawyer, and investment advisor involving successive companies, subsidiaries and trusts across several states over a 40 year time period with alleged resulting multi-million damages;
- Represented numerous professionals against claims and lawsuits involving alleged conflict of interest between their differing fiduciary obligations to their clients.
Insurance Brokers and Agents
We regularly defend actions against insurance agents, underwriters and brokers relating to failure to secure adequate coverage, insufficient placement of specialty coverage, failure to provide timely notice of claims, and misrepresentation of policy scope, limits and coverages.
- Represented major California insurance broker in action brought by public entity client for failing to timely notify insurer of series of lawsuits, resulting in denial of substantial policy benefits.
- Represented broker against claims of alleged fraudulent misclassification of insured’s operations, skewing it to less risky category, resulting in policy being rescinded by carrier and creating multi-million dollar loss of coverage for the insured.
Miller Law Associates, APC is one of a half dozen firms statewide authorized to represent judges in disciplinary proceedings before the State of California Commission on Judicial Performance, the independent state agency responsible for investigating complaints of judicial misconduct and incapacity and for disciplining judges pursuant to article VI, section 18 of the California Constitution. We exercise the discretion and sensitivity expected to protect your privacy and reputation while handling CJP matters to completion.
Marketing organizations are used to recruit qualified insurance agents, who in turn liaison with insurers to provide approved agents. Miller Law Associates, APC has represented marketing organizations in financial elder abuse matters, negligent investment advice, and selling away cases.
- Represented marketing organization against claim brought by elderly purchaser of variable annuities alleging financial elder abuse in situation where salesperson was criminally convicted.
Non-Profits face risk in virtually the same way as any business organization, including EPL, investing, fundraising, management, directors/officers, and professional activities. We’ve counseled non-for-profit organizations in many of these areas and activities.
- Represented major national non-profit foundation sued for failure to adhere to benefactor’s donative intent and directives with regard to substantial financial contribution;
- Represented American Red Cross against improper blood draw lawsuit;
- Represented national youth sports organization against high profile sexual molestation case.
Real Estate Brokers and Agents
Miller Law Associates, APC attorneys are adept at defending real estate professionals against a wide variety of claims, including failure to detect and disclose misrepresentation and fraud, breach of fiduciary duty, and faulty preparation of sales documents. We provide seminars on recent decisions affecting real estate agent and broker liability, as well as loss prevention techniques.
Represented numerous real estate brokers and dealers over the years for alleged negligence in failing to disclose patent and latent property defects.
Trustees face exposure in myriad of ways, ranging from work on behalf of family trusts, to profit sharing plans, family planning, to CERCLA. Miller Law Associates, APC has represented trustees in wills, trusts, probate matters, cases involving negligent investment advice, embezzlement and defalcation, improper management, notification of beneficiaries, and accounting.
- Represented successor trustee in action brought by trust with assets exceeding $30 million alleging negligent investment advice, conflict of interest, and conspiracy with financial advisors, with regard to real estate transactions, captive insurance trust and 419 plans;
- Represented accountancy partnership in several actions pertaining to purported vicarious liability for former partner/trustee’s poor investment advice, failure to file required tax returns, and failure to adequately manage trust assets.