Brendan W. Miller Partner
Brendan represents clients in virtually all areas of complex business and commercial litigation, including disputes involving contracts, warranties, business torts, class actions, multidistrict claims, trade secrets, antitrust, product liability and tax. He has been involved in cases in federal and state jurisdictions throughout the United States, as well as alternative dispute resolution forums, including mediation and arbitration.
Brendan is experienced in the various phases of litigation and the dispute resolution process – from pre-suit negotiations to prosecution and defense of claims, discovery, motion practice, preparation for trial and the preservation of issues for appeal. His track record includes defending a national real estate service company against class action antitrust claims, defending a material manufacturer as national counsel in defense of product liability and breach of warranty actions filed throughout the United States, and successfully prosecuting claims for breach of contract, misappropriation of trade secrets, tortious interference and unfair competition on behalf of a group purchasing company.
Brendan provides thorough and actionable guidance on the statutory, regulatory and common law implications of prospective business transactions. He advises on the applicable restrictions on trade and business practices; negotiating, reviewing, interpreting, drafting and defending written contracts governing business relationships, transactions and the settlement of disputes; and drafting and filing entity incorporation and tax status documentation with applicable state and federal authorities.
As vice chair of the firm’s eDiscovery and Knowledge Management team, Brendan manages and advises clients on virtually all facets of e-discovery and management of electronically stored information (ESI) in connection with litigation and investigative inquiries. He is skilled in the identification, preservation, collection, processing, review, production and presentation of information and data, including managing vendor relationships and employing cost saving measures that make use of appropriate technology tools. He also drafts and negotiates the entry of a protective order to protect the commercially sensitive information of his clients.
While in law school, he was an intern for the Honorable Sarah Evans Barker, U.S. District Court for the Southern District of Indiana. In addition, his note, “Your Money or Your Lifestyle!: Employers’ Efforts to Contain Healthcare Costs – Lifestyle Discrimination Against Dependents of Employees?,” is published in Volume 5 of the Indiana Health Law Review.
Prior to the law, Brendan worked for a decade in the nonprofit sector, advising and working with organizations to achieve organizational and community outcomes. Trained and experienced in community problem-solving, program and organizational development, Brendan leverages this experience to provide legal services to clients, grounded with a code of integrity and a dedication to practical approaches to overcoming obstacles that address the aspirations, concerns and business demands of those he serves.
Professional and Community Involvement
Board member, Indiana 211 Partnership
Pro bono legal services to a variety of Indiana nonprofit organizations
Volunteer, United Way of Central Indiana and other community organizations
Volunteer, Americorps VISTA with Prevent Child Abuse Indiana, one-year term of service after college