randy@millerllp.com

Randall A. Miller is a 25-year litigator with nationally recognized practices devoted to defending professionals (lawyers, accountants, architects/design, agents and brokers), financial services clients (security broker-dealers, banks, registered representatives, certified financial planners, marketing organizations and actuaries), businesses, corporations and partnerships of virtually every size. See Practice Areas section.

Mr. Miller is Incoming Chair of the California State Bar Committee on Professional Liability Insurance (COPLI), which administers the bar-sponsored lawyers Errors & Omissions insurance program. Previously, Mr. Miller served for 11 years as Chair of Sedgwick's Professional Liability group in Los Angeles. Litigating in excess of 500 matters over his career, there is little he has not seen or handled. Due to his experience and high integrity, Mr. Miller also is retained by Superior Court judges across California to represent them in disciplinary matters before the Commission on Judicial Performance (CJP).

Mr. Miller has been annually honored as a "Southern California Super Lawyer" since its inception in 2004 by the publishers of Los Angeles Magazine and the Journal for Law & Politics. Only 5% of Southern California attorneys are named to the list each year.

PUBLISHED OPINIONS

• Med-Trans Corp., Inc. v City of California City, 156 Cal.App.4th 655, October 2007
• Berg & Berg Enterprises v. Sherwood Partners, Inc., 131 Cal. App. 4th 802, July 2005
• Tellez-Cordova v. Campbell-Hausfeld/Scott Fetger Co., 129 Cal App. 4th 577, December 2004
• Morin v. Rosenthal, 122 Cal. App. 4th 673, September 2004
• Morrison v. Rudolph, 103 Cal. App. 4th 506, October 2002
• Malone v. Addison Ins., 225 F. Supp. 2d 743, September 2002
• In re Henry, 266 B.R. 457, 2001
• Alan Roberts Inc. v. Sentry Life Insurance Company, 76 Cal. App. 4th 375, November 1999
• Ramirez v. Sturdevant, 21 Cal. App. 4th 904, January 1994
• Boston v. Nelson, 227 Cal. App. 3d 1502, January 1991

UNPUBLISHED OPINIONS

• Navarette v. Abbott Laboratories, Inc., et al., 2009 Cal. App. Unpub. LEXIS 3072
• Quinn Emanuel Urquhart Oliver & Hedges, LLP v. LaTorraca & Goettsch, 2006 Cal. App. Unpub. LEXIS1706
• Sharp v. Gray, 2005 Cal. App. Unpub. LEXIS 3002
• Majd v. Gunner, 2004 Cal. App. Unpub. LEXIS 11031
• Ronald B.  Siegel et al. v. Racine, et al., 2004 Cal. App. Unpub. LEXIS 10851
• Semco Master Tech. v. Jose Yow & Assocs., 2004 Cal. App. Unpub. LEXIS 2258
• Fischer v. Admin. Offices of the United States Courts, 2003 U.S. App. LEXIS 23283
• Sun Ace, Inc. v. Sulmeyer, 2003 Cal App. Unpub. LEXIS 4187
• Casillas v. Superior Court of Los Angeles County, 2001 Cal App. Unpub. LEXIS 1514

SPEAKING AND WRITING

• Speaker, “Staying Ahead of Law Firm Risk”, presented to Managing Partners’ Roundtable, Los Angeles, CA, October 13, 2009.

• Panelist, "Attorney Fees in Prevailing Party Situations," New York City Bar Association's NYC Attorney Fees & Legal Billing Program: "It's All Local," New York, NY, June 17, 2009.

• Speaker, "Consortio Caveo (Partners Beware): Managing New (and Old) Risk in the Post-Bubble World," Ark Group/Managing Partner Magazine's 4th Annual Risk Management in the Modern Law Firm Conference, University of Chicago Gieacher Center, Chicago, IL, May 19, 2009.

• Speaker, "First the Crash; Then the Wave. Claims Arising from the Crash of 2008," co-presented to Lancer Claims Services, December 9, 2008.

• Speaker, "First the Crash: Then the Wave. Claims Arising from the Crash of 2008," co-presented to Chubb & Son, November 11, 2008.

• Speaker, "Taming the Electronic Beast: What Attorneys Need to Know About the New FRCP, E-Discovery, Metadata and Related Computer Risks," 81st Annual Meeting of the State Bar of California, Monterey, CA, September 25-28, 2008.

• Moderator, "Arbitration of Legal Malpractice Disputes -- Panacea or Is the Bloom Off the Rose", ABA Fall 2008 National Legal Malpractice Conference, San Francisco, CA, September 5, 2008.

• "California Fair Claims Settlement Practices Regulations," presented to Lancer Claims Services, Orange, CA, July 15, 2008.

•  Panelist, "Managing Risk Associated with Rapid Growth and/or Mergers" and "Lateral Movers at Law Firms: Perspectives, Opportunities & Business Risks," Risk Management for the Modern Law Firm Forum, by the Ark Group & Managing Partner Magazine, New York, NY, July 10, 2008.

• Speaker, "Who is in the Litigation Crosshairs? Update on Professional Liability," Swiss Re Client Claims Conference, Chicago, IL, June 11-13, 2008.

• Speaker, "Managing Risks Associated with the Electronic Environment," The State Bar of California Section Education Institute, San Diego, CA, January 19, 2008.

• Moderator, "Let's Arbitrate! It's Cheap and Fair ... Right?" PLUS International Conference, Washington, DC, November 8, 2007.

• Panelist, "CyberLiability," California State Bar Annual Meeting, Anaheim, CA, September 28, 2007.

• "California Fair Claims Settlement Practices Regulations," presented to Lancer Claims Services, Orange, CA, July 10, 2007.

• "Financial Elder Abuse - Tarnish on Golden Years," presented to Chubb Group of Insurance Companies, Los Angeles, CA, March 28, 2007.

•  "Financial Elder Abuse - Tarnish on Golden Years," presented to Fireman's Fund Insurance Company, Novato, CA, March 20, 2007.

• "Financial Elder Abuse - Tarnish on Golden Years," presented to Lancer Claims Services, Orange, CA, March 15, 2007.

• “California Fair Claims Settlement Practices," presented to Philadelphia Insurance Company, Bala Cynwyd, PA, November 2005.

• "Fair Claims Seminar," presented to Lancer Claims Services, Orange, CA, October 14, 2005.

• "Trends in Lawyers' E&O," Third Annual Hot Topics Seminar for the Bermuda Insurance Market, Bermuda, October 5, 2005.   

• "Professional Liability/Update on California Malpractice Seminar," presented to St. Paul Travelers, St. Paul, MN, June 22, 2005.

• "Ethical Communications in Cyberspace," presented to Lancer Claims Services, Orange, CA, January 27, 2005.

• "California Fair Claim Practices Act and Hot Topics in Professional Liability," presented to Liberty International, New York, NY, December 9, 2004.

• "Conflicts of Interest," presented to Lancer Claims Services, Orange, CA, November 18, 2004.

• "Unraveling the Mystery of National Association of Securities Dealers ("NASD") Arbitrations, presented to Chubb Group of Insurance Companies, Los Angeles, CA, September 22, 2004.

• "California Fair Claims Practices Act," presented to Yokohama, Fullerton, CA, August 25, 2004.

• "California Fair Claims Practices Act," presented to Lancer Claims, Orange, CA, August 17, 2004.

• "On the Litigation Highway, Drive Defensively!" Published in Los Angeles County Bar Association, March 2004.

• "California Fair Claims Practices Act," presented to Liberty International Underwriters, New York, NY, October 8, 2003.

• "Attorney Risk Management, Including Recent Decisions Affecting Lawyer Liability," presented to the Kern County Bar Association, Bakersfield, CA, January 25, 2003.

• "Accountant Risk Management," presented to the California Society of CPAs, Pasadena Discussion Group, Pasadena, CA, October 14, 2002.

•  "Defending Professional Liability Claims Seminar," presented to Lancer Claims Services, Orange, CA, July 2, 2002.

• "Navigating the Legal Malpractice Minefield," presented to the Los Angeles County Bar Association, Los Angeles, CA, Spring 2002.

• "Fair Claims Handling Act," presented to Lancer Claims Services, Orange, CA, Fall 2002.

• "Attorney Risk Management in the New Millennium," presented to the Los Angeles County Bar Association, Los Angeles, CA, Fall 2002.

• "Navigating the Legal Malpractice Minefield," presented to the Los Angeles County Bar Association, Los Angeles, CA, Fall 2002.

• "Navigating the Legal Malpractice Minefield," presented to the Santa Clara Bar Association, San Jose, CA, Fall 2002.

• "Investor Adviser Act," presented to AIG, New York, NY, Fall 2002.

• "Attorney Risk Management in the New Millennium," presented to the Los Angeles County Bar Association, Los Angeles, CA, Spring 2001.

• "California Fair Claims Handling Act," presented to Zurich Specialties, New York, NY, Spring 2001.

• "California Fair Claims Handling Act," presented to Lancer Claims Services, Orange, CA, Spring 2001.

•  "Mock Trial of a Legal Malpractice Action," presented to the Santa Clara Bar Association, Fall 2001.

•  "Risk Management Seminar," presented to the Kern County Bar Association, Bakersfield, CA, November 18, 2000.

• "Risk Management Seminar," presented to the Kern County Bar Association, Bakersfield, CA, Spring 2000.
  

• "California Fair Claims Handling Act," presented to Zurich Specialties, New York, NY, Spring       2000.

• "California Fair Claims Handling Act," presented to Lancer Claims Services, Orange, CA, Spring 2000.

• "Investor Adviser Act," presented to Monitor Liability, Chicago, Illinois, Spring 1999.

• "California Fair Claims Handling Act," presented to Zurich Specialties, New York, NY, Spring 1999.

  
  

Mr. Fields brings to the firm more than 25 years of experience in a wide range of professional liability and business disputes from early consultation focused on prompt resolution, though pretrial litigation, trials and appellate review. He has tried numerous cases to judgment in state and federal courts and has successfully briefed and argued dozens of appeals. Mr. Fields has lectured on legal malpractice and ethics for various bar associations, testified as an expert witness in trials on the standard of care, has served as Judge Pro Tem for various branches of the Los Angeles Superior Court and been recognized as one of California's "Super Lawyers" in 2006, 2007, 2008 and 2009. Active in his local community for over 27 years he has served on boards of directors of homeowner associations from Calabasas to Mammoth Lakes where he enjoys skiing and snowboarding.

REPRESENTATIVE CASES

PROFESSIONALS AND FINANCIAL SERVICES LIABILITY

Architects/Engineers

• Represented architectural firm in lengthy arbitration involving dispute over unauthorized use of plans resulting in favorable award

Attorneys/Law Firms

• Represented numerous attorneys, small to mid-size law firms in hundreds of claims relating to purportedly insufficient settlements, losses at trial, losses on appeal, lapsed statutes of limitation, conflicts of interest, breaches of fiduciary duty and fraud

Banks/Lenders

• Successfully defended bank officers sued for breach of fiduciary and fraud in connection with a multimillion dollar construction loan

Construction

• Successfully represented a pipe manufacturer brought into numerous multiple party construction defect cases

Insurance Agents

• Defended a variety of malpractice case
• Defended a surplus lines broker in RICO cases in three United States District Court cases brought by banks and the FDIC which claimed the client was the mastermind of an elaborate insurance premium finance fraud scheme

Real Estate Agents

• Represented real estate brokers accused of malpractice

Trustees

• Represented a trustee of various intervivos trusts accused of breaching duties owed to contingent beneficiaries
• Represented a trustee/attorney accused of a panoply of breaches dating back to the 1960's

EMPLOYMENT

Privacy/Defamation/Social Media

• Successfully defended a physician sued by another physician for defamation relating to communications with government officials with the plaintiff dismissing the action instead of opposing a motion for summary judgment

Sexual and Workplace Harassment

• Represented attorneys in professional liability claims arising out of sexual harassment cases brought by clients dissatisfied with the results in their actions

Trade Secrets Unfair Competition

• Represented a corporation and officers of one large commercial contractor accused by a competitor of theft of trade secrets; after the conclusion of the case obtained an award of attorneys' fees with lodestar enhancements as punishment for the pursuit of frivolous litigation

COMMERCIAL AND BUSINESS LITIGATION

Contract Disputes

• Represented developer of a successful Internet based business in disputes over ownership of the company

Construction Disputes

• Represented a licensed contractor at trial involving claims of fraud and construction defects resulting in favorable judgment including a substantial attorney's fee award
• Represented attorneys accused of mishandling contractor disputes

Corporate/ Partnership

• Represented partners in disputes involving the dissolution of partnerships

INSURANCE AND REINSURANCE

Investment and Financial Services

• Advised investment and financial services insurer relative to duties and obligations resulting in resolution threatened bad faith claims

Professional Liability /Errors and Omissions

• Acted as third party administrator for an errors and omissions program insuring hundreds of attorneys requiring monitoring of outside counsel, setting of reserves and paying claims

EDUCATION

Southwestern Law School JD 1976
University of California BA Political Science 1973

Vikram Sohal is a commercial litigator with broad experience in the areas of professional liability, intellectual property, D&O liability and products liability litigation. He has successfully defended professionals such as attorneys and banking executives in multi-million dollar lawsuits. In addition, Vikram has favourably resolved over fifty copyright infringement disputes on behalf of America's oldest performing rights organization both in and out of the courtroom.

Before joining Miller LLP, Vikram worked for several years at Arnold & Porter LLP, where he represented clients from a variety of industries including a major pharmaceutical manufacturer, an aerospace manufacturer, a prominent B-to-B software developer and an Internet domain name registry.

Vikram also has represented numerous clients on a pro bono basis. Specifically, he has represented the victims of mortgage loan rescue and modification scams. He was also one of the lead counsels on a petition brought under the Hague Convention on the Civil Aspects of International Child Abduction.

Vikram graduated magna cum laude from University of California, Irvine in 2002 with a B.A. in Political Science. . He received his law degree from University of California, Davis, School of Law in 2005, where he graduated in the top ten percent of his class and was elected to the Order of the Coif. During college and law school, Vikram operated multiple commercial websites and has over eight years of experience with search engine optimization (SEO).

A native of India, Mr. Sohal speaks fluent Hindi and Punjabi.

With a Juris Doctor from The Penn State University, Dickinson School of Law and a Bachelor of Science from Northwestern University, Medill School of Journalism, Jonathan A. Feldheim brings a kaleidoscope of experience that includes his years of engaging in real estate and professional liability litigation throughout the State of California.

His belief that the best defense is a good offense stems from his experience, prior to joining Miller, L.L.P., in skillfully drafting, reviewing and negotiating contracts for professionals and business persons in the workplace. This is an area of continuing interest, and knowing what a solid contract is- and is not- is an indispensable tool.

Prior to joining Miller LLP, Jonathan gained insurance defense experience representing real estate professionals, co-owners, buyers and sellers in complex litigation. Jonathan has argued before California's 8th District Court of Appeals and has been recognized for his participation as defense counsel in a highly-publicized and successful real estate arbitration in Santa Barbara.

Jonathan has experience administering and analyzing contracts at a major television Network and for a major insurance company; and Jonathan has provided free legal assistance to indigents at a public defender's office.

Jonathan continues to use his experience handling all aspects of dispute resolution and litigation from pre-filing through appeal for Miller LLP's Real Estate and Professional Liability practice areas. He is skilled at negotiating contracts, as well as settlements. Jonathan is zealous in protecting the rights of clients, and advocating their rights to judges. Yet he speaks plainly and can explain the law to non-lawyers.

Jonathan grew up outside Philadelphia. He fell in love with California at young age, and moved to Los Angeles to practice law. When not in the office, Jonathan enjoys sports, movies, music, museums, spending time with family and exploring all of beautiful Southern California.

Representative Cases

• Obtained a dismissal with prejudice of a multi-million dollar claim for a client on the basis of res judicata;
• Obtained a nonsuit judgment at trial for a client sued for fraud, resulting in dismissal of the case;
• Second chaired a hotly disputed and publicized three-party arbitration concerning a jointly owned property, which resulted in a complete victory for his clients - including an award of attorneys' fees;
• Negotiated a favorable settlement for a client sued by a venture capitalist for less than one one-hundredth of the amount originally demanded.

As a graduate of University of California, Hastings College of the Law, Austa Wakily brings substantial experience as a litigator to bear on her practice focusing on Professional Liability, Financial Services, Insurance and Commercial disputes in state and federal courts. Austa continues to build on the strong foundation developed very early in her career as a lead counsel on several complex multi-party litigations involving violations of state and federal lending laws. She was also counsel in cases against private and government agencies involving violations of federal and state fair housing laws. She is adept at taking and defending depositions of key witnesses, successfully drafting and arguing motions, taking a high profile role at trial, and negotiating settlements.

Austa recently moved from Sacramento to Santa Monica California and is looking forward to discovering the beautiful sites Southern California has to offer. She enjoys hiking, running, and spending time with close friends and family when she is not working.

Representative Cases

• Active member of trial team for six day bench trial in multi-party, multi-firm litigation against County for violations of federal and state fair housing laws; prepared witnesses for trial, conducted pre-trial workup, participated in strategy sessions, and conducted plaintiff's direct examination at trial. Decision pending;
• Represent law firms, attorneys, and other professionals against claims of professional negligence, breach of fiduciary duty, and breach of contract;
• Represent law firm in securing collection on multi-million dollar attorneys' fees award following successful defense of professional malpractice lawsuit;
• Represented client and negotiated settlements against six defendants for violations of state and federal lending laws and unfair business practices in complex multi-district lawsuit;
• Represented clients against financial service providers for violations of the federal Truth in Lending Act (TILA), Real Estate Settlement Procedure Act (RESPA), and unfair business practices;
• Represent clients in lawsuit against large disability insurance company engaging in bad faith and unfair claims conduct.

Speaking Engagements

• Fair Housing Rules in 2011 - An Overview of the Fair Housing Landscape in California Today, Ventura County Coastal Association of Realtors. (2011)
• Fair Housing Act Basics Training, Rural Community Assistance Corporation, (2011)
• Making Legal Referrals- Annual Foreclosure Peer to Peer Convening (2009)
• Housing, Fair Housing and Fair Lending Conference: Foreclosure and Predatory Lending, California Rural Legal Assistance, Inc. (2009)

Shawn Shaffie is an associate attorney, whose Professional Liability practice involves performing all aspects of litigation including drafting pleadings and motions, conducting all phases of discovery, making court appearances, participating in depositions, and counseling clients. Shawn also has experience in cases stemming from business and contractual disputes, real estate and unlawful detainer issues, and personal injury matters.

In addition to Professional Liability, Shawn currently works in Miller LLP's Entertainment practice area. His experience within the fields of music, new media, television, film, and intellectual property ranges from matters involving the representation of talent throughout all phases of deal making, contracts, and negotiations, to copyright and trademark registration and litigation, licensing, and royalty issues.

Prior to joining Miller LLP, Shawn worked at a prominent Hollywood talent agency, clerked for The Alliance of Artists and Recording Companies, and served as a member of the University of Maryland Law Clinic where he provided free legal services to the Baltimore inner city community.

Residing in sunny Santa Monica, Shawn's personal passion is music, and when he's not working you can probably find him at a local concert venue.

Representative Cases

• Defended an attorney in a $3 million dollar legal malpractice lawsuit pertaining to whether defendant properly reviewed and advised business owner client with regards to insurance coverage and potential liabilities;
• Defended attorneys in legal malpractice cases arising out of underlying real estate and leasing transactions with claims of hundreds of thousands of dollars in damages;
• Represented a law firm in a legal malpractice case arising out of the underlying dissolution of a multimillion dollar corporation which led to allegations of professional negligence and breach of contract;
• Defended attorney/law firm in legal malpractice lawsuit for alleged malpractice arising out of an underlying catastrophic injury case against a major American automobile manufacturer;
• Representing commercial specialty produce company in copyright/trademark dispute with competitor for infringing use of business name and possible products;
• Defended medium sized business owner against 132a employment claim for wrongful termination.