Charles M. Miller

Partner and Co-Chair of Securities and Financial Services Litigation Group

P 212.216.8085   F 212.216.8001
1350 Broadway
New York, NY 10018

 

Charles M. Miller

Partner and Co-Chair of Securities and Financial Services Litigation Group

P 212.216.8085   F 212.216.8001    cmiller@tarterkrinsky.com

Charles Miller is a commercial litigator with more than 20 years of experience helping clients enforce their business and financial contracts and recover losses caused by others’ misconduct.

As co-chair of the firm’s Securities and Financial Services Litigation Group, Charles’s practice concentrates on representing institutional investors, corporations and individuals seeking to enforce the essential terms of contracts governing their investments in a wide range of securities and other financial instruments, including asset-backed bonds, notes and certificates, portfolios comprised of such assets as commercial and residential real estate, commercial and residential mortgages, collateralized and leveraged loans, and such structured instruments as collateralized bond, loan and debt obligations.

Charles honed his expertise by successfully representing a financial institution in litigation arising from the collapse of Enron Corp. after which he represented investors in residential mortgage-backed securities, collateralized debt obligations and auction rate securities in litigation arising from the financial crisis of 2008.

Charles now advises investors who suspect or have identified potential breaches or other wrongful conduct threatening their rights to receive the full value of their investments. In many instances, Charles has helped investors enforce their full range of rights without litigation by working proactively to raise and resolve disputes early.

Well before litigation, Charles works with clients to develop overall strategy while at the same time advising on such practical matters as what provisions and arguments to raise with counterparties and what notices to send to preserve their full range of rights in the event of litigation. Where litigation arises, Charles, a seasoned litigator with extensive experience in the state and federal courts sitting in New York and other jurisdictions, works closely with clients to provide representation that is zealous, efficient and consistent with the client’s goals. Among other disputes, Charles has successfully represented clients seeking to enforce payment priorities, collateral rights and rights to obtain information from managers, servicers and trustees.

General Commercial Litigation
In addition to representing investors, Charles also represents middle-market financial service providers such as investment bankers in payment disputes arising from engagement agreements, buyers and sellers in disputes arising from the purchase and sale of all manner of goods and services, licensors and licensees in disputes arising from the licensing of technology and intellectual property, and partners, joint venture participants and equity owners in all forms of company disputes.

Representative Matters

  • Federal Housing Finance Agency v. Morgan Stanley, et al., No. 652440/2011 (N.Y. Sup. Ct. Comm. Div.), removed to Federal Housing Finance Agency v. Morgan Stanley, et al., No 11 CIV. 6739 (S.D.N.Y.) – Representing the Federal Housing Finance Agency (FHFA), as conservator for Fannie Mae and Freddie Mac, in actions against financial institutions for rescission or damages arising from, among other things, misrepresentations concerning pools of mortgage loans that underlie RMBS, securing a $1.25 billion settlement on behalf of FHFA.
  • CFIP Master Fund, Ltd. et al. v. Citibank, N.A., et al., No. 09 Civ. 6197 (S.D.N.Y.) – Representing hedge fund in contract and breach of fiduciary duty claims arising from the improper release of cash from a trust holding prefunded default payments in connection with a regulatory capital relief transaction implemented through a portfolio credit default swap and credit-linked note structure.
  • Bank of America, N.A. v. Prima Capital Advisors LLC, No. 600740/10 (N.Y. Sup. Ct. Comm. Div.) – Representing an investment fund responding to a trustee interpleader action in which fund sought to vindicate the collateral manager’s rights with respect to the determination of collateral treatment pursuant to the applicable waterfall provisions.
  • Bois Capital, LLC v. Hypori, Inc., No. 160366/2017 (N.Y. Sup. Ct. Comm. Div.) – Representing investment banking company in action to enforce the payment terms of its engagement agreement.
  • Representing three overseas financial institutions seeking to enforce their payment priorities pursuant to the waterfall provisions governing distributions of bond proceeds in connection with a $430 million bond issuance.
  • Representing an overseas investment manager seeking to enforce a non-disclosure, non-compete agreement in connection with the purchase and sale of a €240 million bond portfolio.
  • Representing a litigation trust formed from the bankruptcy of one of the nation's largest commodities brokerage firms, resulting in the prosecution of hundreds of individual actions simultaneously.
  • Representing an overseas financial institution seeking to enforce the contractual obligations of the servicer in connection with the institution’s majority participation in a series of secured loans.
  • Representing an overseas financial institution seeking to enforce $60 million of obligations in respect of an interest rate swap agreement.
  • Representing a luxury home furnishings company in a contract dispute concerning liability for damage to products.
  • Representing a manufacturer of luxury eyeglass frames in a dispute concerning the termination of a licensing agreement.
Education
  • Fordham University School of Law, J.D. 1997
  • Notes & Articles Editor, Fordham Urban Law Journal ; Moot Court Board
  • Hobart College, B.A. 1987
Admissions
  • Connecticut
  • New York
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, Southern District of New York
Speaking Engagements
  • Following graduation from Fordham University School of Law, Charles taught trial advocacy as an adjunct professor.

What I do when not practicing law:
Play hockey

Quote I live by:
“Fame is a vapor, popularity is an accident, riches take wings, those who cheer today may curse tomorrow and only one thing endures – character.” – Harry Truman

News

Events

  • Charles Miller to Present CLE Program on Corporate Wrongdoing and Individual Liability to New York Women’s Bar Association

    On December 4, Charles Miller, Litigation partner and co-chair of the firm’s Securities and Financial Services Litigation Group, will present a CLE program to the New York Women’s Bar Association titled, “Individual Liability for Corporate Wrongdoing: How Thick is the Corporate Veil?”

  • Charles Miller to Present CLE Program on Individual Liability for Corporate Wrongdoing: How Thick is the Corporate Veil?

    On October 29, Litigation partner and co-chair of the firm’s Securities and Financial Services Litigation Group Charles Miller will present, “Individual Liability for Corporate Wrongdoing: How Thick is the Corporate Veil?” During the program, which is part of Tarter Krinsky & Drogin’s CLE program series, Charles will provide a step-by-step guide to understanding the threat of individual liability for corporate acts under New York law. He will discuss the nature and scope of “veil piercing” and “alter ego” liability, using recent New York case law to provide concrete examples of conduct that will and will not subject an individual to liability for corporate acts.

  • Investing in Art Backed Loans: Five Considerations

    Art backed loans are growing in popularity as art collectors seek to unlock the value of their collections. For investors who desire to diversify their debt portfolios into this expanding market but lack the expertise in fine art necessary to evaluate the proposed collateral, certain specialty lenders offer the opportunity to purchase participations in the art backed loans they make to collectors. This article discusses the nature of art backed loans and participations and raises five considerations to be undertaken when evaluating a participation in an art backed loan.

Education
  • Fordham University School of Law, J.D. 1997
  • Notes & Articles Editor, Fordham Urban Law Journal ; Moot Court Board
  • Hobart College, B.A. 1987
Admissions
  • Connecticut
  • New York
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, Southern District of New York
Speaking Engagements
  • Following graduation from Fordham University School of Law, Charles taught trial advocacy as an adjunct professor.

Charles  Miller

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