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Adam Miller

Senior Counsel

Washington, D.C.

Adam Miller represents corporate and individual clients in civil and criminal enforcement cases and investigations, securities class action litigations, commercial disputes, antitrust matters and bankruptcy proceedings.

Recognized by Legal 500, he has been involved in major high-stakes litigation matters involving alleged Foreign Corrupt Practices Act (FCPA) violations, Securities and Exchange Commission (SEC) investigations and enforcement actions, and securities fraud class actions.

Prior to joining Orrick, Adam was senior counsel at Buckley LLP and an associate at Mayer Brown and Jenner & Block.

  • His work includes:

    • Represented Universal Entertainment Corp., a large Japanese gaming manufacturer, and its subsidiary, Aruze USA, Inc., in FCPA-related litigation brought by Wynn Resorts Ltd., as well as in related parallel matters. The case involved one of the first examples of a private party using allegations of FCPA violations as an affirmative weapon to gain an upper hand in an unrelated contract dispute. After six years of litigation – during which the parties produced millions of documents, argued more than a dozen appeals and scores of motions, and took nearly 100 depositions – Wynn Resorts agreed to pay $2.6 billion to our clients just a month before trial
    • Represented Mark Jackson, former CEO/CFO of an oilfield services company, in an SEC enforcement action. In late 2012, the judge granted our motion to dismiss and dismissed the complaint without prejudice. Following the SEC’s filing of an amended complaint and extensive discovery including almost 30 depositions, the SEC voluntarily dropped several claims against our client. A favorable settlement was reached just before trial in July 2014. The settlement did not include payment of any money by Mr. Jackson or any restriction on his future employment opportunities
    • Represented the former Controller of Fannie Mae in winning the dismissal of, or settling, all investigations and litigation related to the accounting errors alleged in reports by the company’s regulator, the Office of Federal Housing Enterprise Oversight (OFHEO, now known as the Federal Housing Finance Agency), which resulted in a $6 billion restatement announced in 2004. An enforcement action brought by OFHEO was settled on favorable terms without any admission of wrongdoing. A derivative lawsuit was dismissed and an Employee Retirement Income Security Act (ERISA) class action settled on favorable terms. Most importantly, a securities fraud class action was dismissed in November 2012 on summary judgment for lack of evidence of scienter (intent to defraud), completely exonerating our client in the face of highly-publicized allegations
    • Represented a former senior executive of Freddie Mac in a securities fraud investigation by the SEC regarding financial disclosures of mortgage losses, resulting in the staff's decision not to recommend an enforcement action

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