Robert H. Miller - Manchester, NH

Overview

Awards and Honors

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Robert H. Miller included in a Super Lawyers® list

Education

• Legal Education

  • University of Pennsylvania Law School, Philadelphia, Pennsylvania
    J.D.
    Law Review: University of Pennsylvania Law Review, Senior Editor

• Non Legal Education

  • Yale University
    B.A.
    Honors: With Distinction

Current Employment Position(s)

• Shareholder

Past Positions

• Chief Judge Paul J. Barbadoro of the United States District Court for the District of New Hampshire, Law Clerk

Pro Bono Activities

• Board of Directors, the Executive Committee, and the Strategic Planning Committee of YMCA Camp Belknap
• Alumni Interviewer, Yale University
• Past President, Yale Club of New Hampshire
• Board of Directors and the Executive Committee, Hopkinton Soccer Club, holds an “E” level coaching license from United States Soccer, and coaches the Boys’ 05/06 team in the Club

Representative Clients

• Successfully guided New Hampshire Fisher Cats to approval of sale to Diamond Baseball Holdings

• Successfully negotiated terms of new 20-year Management and Operations Agreement between our client, the New Hampshire Fisher Cats Baseball Club (Double-A Affiliate of the Toronto Blue Jays) and the City of Manchester, New Hampshire (March 2016)

• Obtained a federal court judgment of $12,176,735,22 on behalf a group of Plaintiff-investors against three real estate developers on claims of civil racketeering under the Racketeer Influenced and Corrupt Organizations Act (RICO) arising out of the solicitation of investment in, construction of, and operation of a hotel in Cedar Rapids, Iowa. Cedar Rapids Lodge & Suites, LLC, et al. v. JFS Development, Inc. f/k/a JCS Development, Inc., 2012 WL 5269015 (N.D. Iowa 2012)

• Obtained an award of full costs and attorney’s fees for the successful prosecution of a civil RICO case against three real estate developers arising out of the solicitation of investment in, construction of, and operation of a hotel in Cedar Rapids, Iowa. Cedar Rapids Lodge & Suites, LLC, et al. v. JFS Development, Inc. f/k/a JCS Development, Inc., Case No. 1:09-cv-0075-CRR (N.D. Iowa January 4, 2013)

• Obtained a judgment of $978,891.39 against a Minnesota-based hotel management company for mismanagement of a hotel. Cedar Rapids Lodge & Suites, LLC, et al. v. JFS Development, Inc. f/k/a JCS Development, Inc., 2012 WL 718728 (N.D. Iowa 2012)

• Obtained a contempt order and discovery sanction of $77,928.68 against a corporate executive for failure to comply with electronic discovery requirements in a federal litigation. The contempt order reimbursed our clients for the cost of the court-ordered forensic examination of the executive’s home and office computers and electronic equipment following proof of the executive’s noncompliance with discovery requests made in the litigation. Cedar Rapids Lodge & Suites, LLC, et al. v. JFS Development, Inc. f/k/a JCS Development, Inc., 2011 WL 4625661 (N.D. Iowa 2011)

• Obtained a significant seven-figure payment of claims from the Trustee in bankruptcy for a debtor-defendant in partial settlement of obligations owed pursuant to a judgment in Cedar Rapids Lodge & Suites, LLC, et al. v. JFS Development, Inc. f/k/a JCS Development, Inc., 2012 WL 5269015 (N.D. Iowa 2012). In re Ted D. Vosburg, Case No. 11-01390 (United States Bankruptcy Court, N.D. Iowa, July 22, 2013)

• Won a defendant's jury verdict in the United States District Court for the District of New Hampshire on behalf of Ambient Pressure Diving, Ltd., the English manufacturer of sophisticated scuba diving equipment known as the Inspiration Rebreather in an internationally monitored wrongful death products liability case. The federal jury rejected allegations by the Plaintiff that a combination of electronic and software failures of the Inspiration's patented redundant control systems caused the rebreather to stop delivering oxygen to her husband underwater, causing him to pass out due to hypoxia and drown.

• Successfully defended a multimillion dollar commercial fraud and unfair trade practices suit in the United States District Court for the District of New Hampshire by a New Hampshire-based company against our Florida-based client arising out of an unsuccessful attempted vertical integration of the two companies by a venture capital firm. The case settled at mediation for less than one percent of the initial demand.

• Successfully defended a federal trademark infringement and Consumer Protection Act case in the United Stated District Court against a national software company accused of misuse of trademarks and misrepresentation in advertising by settling all claims against the client on favorable terms.

• Successfully represented a well-known New York City literary agency against a major New York City publishing house and a best-selling celebrity author in a contract action for unpaid royalties and rights to subsidiary works.

• Prosecuted federal 42 USC 1983 civil rights and abuse of office claims against the Town of Salisbury, New Hampshire Board of Selectmen and Zoning Board on behalf of a local landowner attempting to build homes on a Class VI Road – obtaining all permits sought by the landowner and a significant reimbursement of attorneys fees and costs from the Town after a mediated settlement.

• Successfully represented a prominent professional sports franchise in an Internet cybersquatting dispute involving domain name misuse and trademark infringement.

• Successfully managed the termination-for-cause of a national food service vendor and negotiated the deal terms and contract with the Club’s new national food and beverage provider

Published Works

Articles

• Essential Compliance Tips for the Storage and Disclosure of Electronically Stored Information (“ESI”)
  
• Don’t Get Caught With Your Zip Drive Open: Essential Compliance Tips For Storage and Disclosure of Electronically Stored Information
  
• To stop noise from weddings, Stonehurst neighbors take the historic inn to court
  
• First Year Survival Guide, 15 Things You Should Know
  
• Chambers and Partners Real Estate Litigation: NH Trends and Developments
  
• Aldermen back plan to split stadium upgrade costs with Fisher Cats
• Fisher Cats look to split cost of stadium upgrades with Manchester
• Shielding Your Business from Unfair Trade Practice/Consumer Protection Claims
• Bankrupt Hotel Developer Must Face Bid For $15M Payout
• Committee approves city stadium request
• What is a Farm? Zoning Laws Need Updating
• NH Legal Perspective: Things businesses need to know about the Consumer Protection Act
• Businesses can use it as a ‘sword’ and a ‘shield’
• Law School Confidential
• Med School Confidential are much-beloved best sellers in their respective fields
• The Syndicate, tentatively entitled, is a work of fiction expected in 2017.
• His newest book Backlund: From All-American Boy to Professional Wrestling’s World Champion, chronicles the life of his childhood hero, former World Wrestling Federation Heavyweight Champion and WWE Hall of Famer Bob Backlund. Rob’s first work of fiction, tentatively entitled
• Business School Confidential, and Campus Confidential have been translated into multiple languages.

Bar Admissions

• New Hampshire
• U.S. District Court District of New Hampshire
• U.S. Court of Appeals 1st Circuit
• U.S. Court of Appeals 8th Circuit

Other Affiliations

• New Hampshire Bar Association