Pamela A. Miller
Litigation Department Co-Chair / Partner
Pamela Miller represents banks and financial institutions in litigation relating to bank liability, fraud, bankruptcy, regulatory improprieties, and securities matters, and has conducted internal investigations involving anti-money laundering compliance, securities fraud, internal and corporate fraud, accounting fraud, and market manipulation. Pam is also the co-chair of O’Melveny’s Litigation Department, and a member of the firm’s Executive Committee.
In 2018, Crain’s New York Business recognized Pam as a “trailblazer…who found multiple paths to excellence” in its inaugural list of Leading Women Lawyers in New York City. She was also recently recognized by The Legal 500 US for her distinguished career in financial services litigation.
Pam’s clients benefit from her wealth of experience before major government agencies including the Department of Justice, the Securities and Exchange Commission, the Consumer Financial Protection Bureau, Office of the Comptroller of the Currency, the Commodity Futures Trading Commission and the New York State Attorney General’s Office.
Pam is a strong advocate of diversity in the legal profession. She has collaborated with several clients to design and implement programs to enhance the diversity of client teams, and she regularly discusses diversity initiatives at client and industry events. She is a member of O’Melveny’s Diversity and Inclusion Committee, and a former member of the New York City Bar Association’s Committee on Women in the Profession.
Financial Services Litigation
- Representing a private equity fund and former members of the Tops Markets board of directors in breach of fiduciary duty and fraudulent transfer claims brought by the litigation trustee for Tops Markets
- Trial lawyer in full evidentiary hearing in the Southern District of Texas Bankruptcy Court. Won judgment for ad hoc group of lenders in high-profile lender-on-lender dispute concerning alleged breach of credit agreement.
- Represent a major multinational consumer and investment bank in connection with an investigation by the Consumer Financial Protection Bureau (CFPB) regarding allegations of violations of the Consumer Financial Protection Act related to the payment functionality for bank-issued credit cards
- Represent financial services provider in CFPB inquiry regarding consumer facing advertisements and targeted marketing practices
- Represented a major consumer and investment bank in connection with CFPB inquiry into the bank’s process for collecting, recording, and reporting government monitoring information
- Represented a major consumer bank in connection with CFPB inquiry into the Bank’s mortgage servicing processes and software, resulting in no enforcement action or consent order
- Secured a win for a major financial institution when plaintiffs dropped a proposed class action accusing the bank of playing a role in what the US Securities and Exchange Commission has alleged was a US$102 million Ponzi scheme
- Lead trial counsel in two-week hearing, resulting in full defense judgment for a major financial institution arising from dispute with private equity partner regarding sale of private equity investments
- Lead counsel in multiple actions alleging that various financial entities breached representations and warranties in the issuance and securitization of Residential Mortgage Backed Securities
- Lead counsel for multiple domestic and international banks in litigation arising from investments in Bernard L. Madoff Investment Securities and the Madoff Ponzi scheme
- Represented First Republic Bank in class action related to compliance with federally-mandated ATM regulations
- Conducted confidential investigation for Top 5 financial services firm related to allegations of improper solicitation
- Obtained dismissal of all claims against a leading bank in class action litigation related to Agape Ponzi scheme
Commercial Litigation
- Trial lawyer in three-week federal jury trial that resulted in full defense verdict for medical device company C.R. Bard in a tying case against competitor AngioDynamics. AngioDynamics sought over $260M in damages and an injunction forcing Bard to unbundle the technology it developed to help place peripherally-inserted central catheters.
- Lead trial counsel in international arbitration related to dissolution of failed joint venture related to security technology
- Represented GE Healthcare in litigation related to design and implementation of electronic medical records system
- Defended CA Technologies Inc. in litigation related to breach of contract and theft of trade secrets related to enterprise security software
- Defended major software manufacturer in arbitration related to improper payment and calculation of royalties
- Represented pharmaceutical company related to royalty and license obligations arising from expired patent and related New Drug Application
Admissions
Bar Admissions
- New York
Court Admissions
- US District Court, Eastern, Northern, Southern, and Western Districts of New York
- US Supreme Court
- US Court of Appeals, Second Circuit
Education
- Columbia University, J.D., 1997
- Princeton University, B.A., 1992, cum laude
Honors & Awards
- Lawdragon, 500 Leading Litigators in America (2022-2025)
- Legal 500 US, Securities Litigation (2018-2019)
- Legal 500 US, Financial Services Litigation (2012-2014, 2016, 2019-2022)
- Legal Aid Society's Pro Bono Publico Award, “In recognition of outstanding pro bono service to the Legal Aid Society”
Professional Activities
Clerkships
- The Honorable Roanne Mann, US District Court for the Eastern District of New York
Member
- Board of Directors, Legal Aid Society
- Federal Courts Committee, New York City Bar Association
- Policy Committee
Presentations
- “Emerging Issues in Clawback Claims – ‘The Perils of Picard’: New Dangers Faced by Defrauded Ponzi Scheme Investors,” Pamela Miller and Kent A. Yalowitz, Arnold & Porter LLP, New York, NY, (November 15, 2012)
Advisories
- “Brown v. Tellermate Provides Reminder of Best Practices Concerning Document Discovery” (August 2014)
- “Busy Times and a Challenging Future for Bitcoin and Virtual Currencies” (February 2014)
- “Federal Court Issues Second Decision Jeopardizing Historical Treatment of Pass-Through Mortgage-Backed Securities” (January 2013)
Co-Author
- “Changing Tides: Legalizing Surrogacy in New York,” Pamela Miller and Valerie Cohen, New York Law Journal (March 18, 2016)