Robin D. Miller

Partner | Vice Chair, Business Litigation


Practice Areas:

Robin’s practice focuses on complex commercial litigation. Robin successfully represents publicly traded corporations, as well as small private businesses, and universities at all stages of litigation including requests for immediate injunctive relief, trials, and appeals. She has experience defending and pursuing a variety of cases involving breach of contract, fraud, defamation, non-compete agreements, trade secret misappropriation, construction, employment discrimination, and product liability. Robin has been named to the Ohio Super Lawyer Rising Stars list. [Video: Business Litigation leaders discuss Ulmer & Berne’s approach for achieving success for clients.]

Education & Admissions

Education

  • Ohio University

    (B.A. summa cum laude, 1995)

  • University of Dayton School of Law

    (J.D., 2001)
    Law Review, Executive Editor

Admissions

  • State of Ohio
  • U.S. Court of Appeals, Sixth Circuit
  • U.S. District Court, Northern District of Ohio
  • U.S. District Court, Southern District of Ohio

Experience

REPRESENTATIVE EXPERIENCE

  • Obtained a complete defense jury verdict for a corporate client alleged to have engaged in fraud and defamation and recovered on the client’s counterclaim for frivolous conduct, including a finding by the jury that the client was entitled to reimbursement of attorneys’ fees.
  • Obtained verdict against real estate investor for fraud and breach of contract in temporary restraining order and permanent injunction setting.
  • Obtained jury verdict for fraud and related commercial claims against company and former CEO on behalf of corporate client.
  • Obtained summary judgment for multiple clients in commercial matters, including disputes relating to real estate and construction, tortious interference, unfair competition, theft of trade secrets and breach of fiduciary duties.
  • Obtained reversal of a jury verdict on the weight of the evidence for a non-profit corporation in the Second District Court of Appeals and successfully argued for affirmation of that decision in the Supreme Court of Ohio, including preparation of briefs and presentation of oral argument.
  • Successfully represented university in suit brought by former law student, including successful defense at TRO and preliminary injunction hearing, for alleged breach of contracted and related claims
  • Obtained substantial jury verdict for beer distributor on breach of contract and statutory wrongful termination claims.
  • Succeeded in obtaining favorable judgment for paint manufacturer at trial with regard to product liability claims.
  • Successfully represented numerous publicly traded companies in various Ohio Courts of Appeals.
  • Succeeded in obtaining summary judgment for local cable company with regard to allegations of age discrimination and wrongful termination, including briefing and argument in the Second District Court of Appeals.
  • Obtained temporary restraining order, preliminary injunction and permanent injunction for a petroleum company in a matter adverse to a vexatious litigator.
  • Obtained a complete defense verdict, as second chair, for national retailer after six-week jury trial of complex commercial matters, which included theft of trade secrets, breach of contract and tortious inference with business relationships.
  • Succeeded in obtaining summary judgment in multiple employment matters, including actions involving age discrimination, sexual harassment, disability discrimination, wrongful termination and FMLA violations.
  • Represented and advised private university on various matters, including product and premises liability issues and contract disputes.
  • Negotiated favorable settlement at various states of litigation on numerous commercial, employment and intellectual property matters.

 

Publications & Presentations

Publications

  • “The Criminalization of Trade Secret Theft Under the Economic Espionage Act of 1996: An Evaluation of United States v. Hsu, 40 F. Supp.2d 623 (E.D. P.A. 1999),” 25 U Dayton L. Rev. 243 (2000)

Presentations

  • “Perpetual Motion: How the Supreme Court and Technology have Changed Class Actions and Privacy Law,” A Closer Look: The Intersection of Privacy & Technology Client CLE Seminar (October 2016)
  • “A New Day for Overtime and Social Media: Policies and Best Practices for New Overtime Rules
    and Social Networks at Work,” Association of Corporate Counsel, Northeast Ohio Chapter (September 2016)
  • “Prevailing Wage,” Allied Construction Industries of Cincinnati (April 2016)
  • “Amendments to the Federal Rules of Civil Procedure: What You Need To Know,” Association of Corporate Counsel, Central Ohio Chapter (March 2016)
  • “Using Criminal Records: What Every Employer Needs to Know,” ABC Legal & HR Day (March 2016)
  • “Trial Tactics,” National Business Institute, Cincinnati (November 2015)
  • “Legal Architecture: The Blueprint to Minimizing Litigation Exposure,” Association of Corporate Counsel, Southwest Ohio Chapter (November 2015)
  • “The Pitfalls of Prevailing Wage,” Associated Builders and Contractors, Inc., ABC Legal Day (June 2015)
  • “How to Avoid the Traps and Hazards Associated with Trade Secrets, Non-Competes, and Patent Litigation,” Association of Corporate Counsel (ACC) (May 2014)

Involvement

PROFESSIONAL AFFILIATIONS

  • Ohio State Bar Association
  • Cincinnati Bar Association
  • American Bar Association
  • National Association of Women In Construction (Chair, 2016 Women In Construction Week)

COMMUNITY INVOLVEMENT

  • Lifespan (Board Member)
  • Butler County United Way, Women’s Leadership Council (Co-Chair 2010-2013)
  • K12 Gallery for Young People (Board Member 2006-2008)
  • Dayton Fund for Home Rehabilitation (Board Member 2001-2005)

FIRM INVOLVEMENT

  • Vice Chair, Business Litigation
  • Co-Chair, UB WILL – Women in Law and Leadership – women’s professional development committee
  • Diversity Committee

Honors

HONORS

  • Named to The Best Lawyers in America, Litigation – Construction (2018)
  • BTI Client Service All-Star (2017)
  • Named a “Woman Worth Watching” by Profiles in Diversity Journal (2017)
  • Named to the Ohio Super Lawyers Rising Stars list (2006, 2007)
  • Awarded the “40 Under 40” by the Dayton Business Journal (2008)