Complex Litigation

Strategic Approach

For decades, many of the leading companies and individuals in the United States and abroad have come to Miller & Chevalier with their most challenging and complex disputes for one basic reason: we have an exceptional collection of trial and appellate lawyers in a firm with the size, experience, and resources to achieve successful, cost-effective solutions for clients who face significant litigation risks. Collectively, we have tried over 300 jury cases and have appeared in virtually every federal trial forum in the United States. Our record of success is unprecedented for a firm our size.

Critical Combination of Experience

Roughly two-thirds of all the firm’s engagements are litigation related. Some distinctive aspects of Miller & Chevalier’s complex litigation capabilities include litigating against the federal government -- as both plaintiff and defendant, handling parallel civil and criminal proceedings, and litigating matters across international borders. The firm’s litigation practice combine extensive trial experience in civil and criminal cases, both jury and non-jury, with deep substantive experience in the firm’s core areas of practice, including white collar crime and internal investigations; ERISA and fiduciary issues; tax; administrative and regulatory litigation; government contracts disputes; and False Claims Act and other civil fraud cases. In addition, we have substantial experience litigating complex business disputes involving business acquisitions and divestitures, technology, employment, trade secrets, banking, securities, Racketeering Influenced and Corrupt Organizations (RICO), professional liability, shareholders’ actions, contracts, and business torts.

Our lawyers have appeared before the vast majority of the federal district courts in the country, the United States Court of Federal Claims, the United States Tax Court, every federal court of appeals, the United States Supreme Court, many state courts, and more than 25 different federal agencies. Through our Rocket Docket team, we are uniquely prepared to represent clients in the fast docket of the United States District Court for the Eastern District of Virginia. Our litigators include former Assistant United States Attorneys, Justice Department trial lawyers, public defenders, and judicial clerks.

Representative Engagements|View All
  • Ensco Offshore Company and ATP Oil & Gas Corp. v. Kenneth Lee Salazar, et al., No. 10-1941 2011 U.S. Dist. LEXIS 49875 (E.D. La. 2011); 2011 U.S. Dist. LEXIS 16321 (E.D. La. 2011); 2010 U.S. Dist. LEXIS 111226 (E.D. La. 2010). Counsel to plaintiffs in an Administrative Procedure Act challenge to the U.S. Department of the Interior’s deepwater drilling moratorium and subsequent delays in issuing offshore drilling permits. The moratorium was withdrawn by the government on the day post-hearing briefs were due; summary judgment was granted in plaintiffs’ favor on the delay claims and the government was preliminarily and permanently enjoined to act on the subject drilling permits within 30 days. The district court also struck down the government’s attempt to impose substantive regulations without following the required notice-and-comment procedures. 
     
  • United States ex rel. Robert Keith Bender v. North American Telecommunications, Inc., et al., No. 1:06-cv-1432 (D.D.C. 2010). Counsel to Lockheed Martin Corporation in a False Claims Act qui tam lawsuit. The case involves allegations of fraud by a Lockheed Martin subsidiary and other parties in connection with a U.S. Department of Agriculture facilities maintenance contract. Our motion to dismiss filed on behalf of our client was granted in February 2010. The plaintiff filed an amended complaint which was dismissed in its entirety by the U.S. District Court for the District of Columbia on November 4, 2010. 
     
  • Davis v. PBGC, No. 1:08-cv-01064 (D.D.C.) (pending). Counsel to more than 1700 retired pilots of US Airways, Inc. (all part of an association known as the Retired Pilots Association of US Airways, or the “Soaring Eagles") in a suit filed in federal district court against the PBGC in 2008. This ERISA-based action, emanating out of US Airways' bankruptcy and its related decision to effect a distress termination of its pension plan, asserts several claims for equitable and declaratory relief, primarily focused on the PBGC's methods for calculating retirement benefits and its obligations as a fiduciary of a terminated plan. The case is one of the largest challenges ever filed to PBGC administrative action, and the Court has denied a motion by the PBGC to dismiss the case. The parties recently cross-moved for summary judgment. 
     
  • Black. v. PBGC, No. 2:09-cv-13616 (E.D. Mich.) (pending). Counsel to an association of salaried retirees of Delphi in litigation arising out of the termination of their defined benefit pension plan. The Second Amended Complaint, filed August 26, 2010, alleges that the PBGC’s termination of the salaried pension plan violates both ERISA and the Due Process Clause. It specifically challenges the PBGC’s ability to terminate a plan without a judicial decree under ERISA § 4042, its ability to enter into agreements with a conflicted plan administrator not acting as a fiduciary, and the due process implications of a PBGC plan termination without any notice or hearing. The lawsuit also challenges actions taken by other governmental actors, including the Treasury Department and the Presidential Auto Task Force. The Court recently denied the PBGC’s motions to dismiss and for summary judgment, and the case has now entered a discovery phase. 
     
  • The Family Federation for World Peace and Unification v. Moon, 2011 CA 003721 B (D.C. Super. Ct.) (pending). Counsel to Unification Church entities in an action against the current directors of a non-profit corporation. Claims include breach of fiduciary duty against corporate directors, a trustee and an agent. Discovery is ongoing.
Government Experience
  • Assistant to the Solicitor General, U.S. Department of Justice
  • Assistant Director, Torts Branch, Civil Division, U.S. Department of Justice
  • Assistant Chief, Admiralty and Shipping Section, U.S. Department of Justice
  • Senior Investigative Counsel, Special Committee on Investigations, U.S. Senate
  • Deputy Independent Counsel appointed to investigate Attorney General-designate Edwin Meese III
  • Chief, Special Litigation Division, Public Defender Service for the District of Columbia
  • Director of Training, and Trial Attorney, Public Defender Service for the District of Columbia
  • Assistant United States Attorney, District of Columbia
  • Assistant United States Attorney, Civil Division of the U.S. Attorney's Office for the District of Columbia
  • Trial Chief, Public Defender Service for the District of Columbia
  • Trial Attorney, Public Defender Service for the District of Columbia
  • Assistant Federal Public Defender, Maryland
  • Assistant Federal Public Defender, Las Vegas, Nevada
Corporate Experience
Rankings and Recognition
  • U.S. News -- Best Lawyers® "Best Law Firms":  Commercial Litigation (District of Columbia), 2011 - 2012, 2014 - 2016
Clerkships