Charles M. Miller is a partner in the Litigation practice. He co-leads the firm’s Securities and Financial Services Litigation Group.
Charles is a litigator with 20 years of experience representing institutional investors, investment funds, high-net-worth individuals and overseas financial institutions in a wide range of disputes arising in connection with debt and equity securities, derivatives, financial contracts and structured financial transactions, including:
- privately issued debt (including Rule 144A and Reg S bonds)
- privately issued equity
- leveraged loans
- collateralized bond obligations (CBOs)
- collateralized loan obligations (CLOs)
- collateralized debt obligations (CDOs)
- residential mortgage-backed securities (RMBS)
- swap contracts
- guaranteed investment contracts (GICs)
- dividend recapitalization transactions
- regulatory capital relief transactions
- arbitrage transactions
Charles has extensive experience representing clients asserting contract and/or tort claims arising in connection with such issues as:
- trustee performance
- servicer performance
- investment manager performance
- representations and warranties
- application of waterfall provisions
- acceleration and diversion of cash flows
- creditor payment rights pre- and post-default
- early contract termination provisions
Charles has extensive knowledge of the Securities Act of 1933 and the Securities Exchange Act of 1934, including claims pursuant to Sections 11, 12, and 15 of the ’33 Act, and Section 10(b) and Rule 10b-5 of the ’34 Act.
- Representing the Federal Housing Finance Agency (FHFA), as conservator for Fannie Mae and Freddie Mac, in several actions against financial institutions for rescission or damages arising from, among other things, misrepresentations concerning pools of mortgage loans that underlie RMBS.
- Representing a billion-dollar hedge fund in contract and breach of fiduciary duty claims against major national banks arising from a regulatory capital relief transaction implemented through a portfolio credit default swap and credit-linked note structure.
- Representing three overseas financial institutions seeking to enforce 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 participations 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 an investment fund seeking to vindicate the collateral manager’s rights with respect to the determination of collateral treatment pursuant to the applicable waterfall provisions.
- Fordham University School of Law, J.D. 1997
- Notes & Articles Editor, Fordham Urban Law Journal ; Moot Court Board
- Hobart College, B.A. 1987
- New York
- U.S. District Court, Eastern District of New York
- U.S. District Court, Southern District of New York
- Following graduation from Fordham University School of Law, Charles taught trial advocacy as an adjunct professor.
What I do when not practicing law:
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