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Robert H. Miller

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Robert H. Miller

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Phone: 603.627.8145
Fax: 603.641.2380
rmiller@sheehan.com
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Practice Focus

Rob is a member of the firm’s Management Committee. His active business litigation practice focuses primarily on complex commercial disputes in the federal courts, including false and deceptive trade practice and false advertising claims, commercial fraud and misrepresentation claims, products liability, civil RICO, breach of fiduciary duty claims, and disputes involving intellectual property including trademark, trade dress and copyright litigation. He is also one of New Hampshire’s most experienced litigators on the scope and application of the New Hampshire Consumer Protection Act, NH RSA 358-A, as applied in both consumer against business and business against business cases in New Hampshire’s state and federal courts. Rob is also a seasoned appellate advocate before the New Hampshire Supreme Court.

Rob also handles certain commercial real estate litigation issues, including nuisance claims, franchise disputes, and Constitutional litigation claims under 42 USC 1983, including equal protection, due process and bad faith claims brought against municipalities, boards and elected officials on behalf of developers and other commercial interests attempting to construct or expand operations. Rob chairs the firm's Land Use Litigation Group and is frequently called upon to handle contentious permitting issues before local land use boards, or to take over the litigation of these issues in the state and federal courts.

Rob is an aggressive litigator who is well-versed in electronic discovery, the collection of electronically stored information (ESI), and the latest technologies available to efficiently develop and prepare a case for trial. He has successfully tried cases to juries, judges and administrative tribunals in both the state and federal systems. That said, Rob also appreciates that in many cases, skillfully mediating a dispute prior to trial can produce the optimal business outcome while simultaneously fixing risk, and he has extensive experience preparing cases for mediation and bringing cases to successful conclusion in that forum.

Sample Matters
  • Obtained a federal court judgment of $12,176,735,22 on behalf a group of Plaintiff-investors against three real estate developers on claims of civil racketeering under the Racketeer Influenced and Corrupt Organizations Act (RICO) arising out of the solicitation of investment in, construction of, and operation of a hotel in Cedar Rapids, Iowa. Cedar Rapids Lodge & Suites, LLC, et al. v. JFS Development, Inc. f/k/a JCS Development, Inc., 2012 WL 5269015 (N.D. Iowa 2012)
  • Obtained an award of full costs and attorney’s fees for the successful prosecution of a civil RICO case against three real estate developers arising out of the solicitation of investment in, construction of, and operation of a hotel in Cedar Rapids, Iowa. Cedar Rapids Lodge & Suites, LLC, et al. v. JFS Development, Inc. f/k/a JCS Development, Inc., Case No. 1:09-cv-0075-CRR (N.D. Iowa January 4, 2013)
  • Obtained a judgment of $978,891.39 against a Minnesota-based hotel management company for mismanagement of a hotel. Cedar Rapids Lodge & Suites, LLC, et al. v. JFS Development, Inc. f/k/a JCS Development, Inc., 2012 WL 718728 (N.D. Iowa 2012)

Education

B.A., with distinction, Yale University
J.D., University of Pennsylvania Law School

Honors

Before joining Sheehan Phinney in 1999, Rob was a law clerk to Chief Judge Paul J. Barbadoro of the United States District Court for the District of New Hampshire. At the University of Pennsylvania Law School, he was appointed as an H. Clayton Louderback Instructor in Legal Writing and served as Chairman of the law school’s Committee on Honors and Academic Standing, was Senior Editor of The University of Pennsylvania Law Review and published in The University of Pennsylvania Law Review. In 2009 and 2010 Law and Politics Magazine named Rob a Rising Star in Business Litigation and he has been named a New England Super Lawyer in Business Litigation since 2011. In 2004 Rob was named one of New Hampshire's Forty Under 40 leaders to watch by the New Hampshire Union Leader. He is a 2009 graduate of Leadership New Hampshire.

Memberships and Admissions

Rob is a member of the New Hampshire Bar Association, and is licensed to practice in the New Hampshire state courts, the United States District Court for the District of New Hampshire, and before the United States Court of Appeals for the First Circuit.

Community Involvement

Rob presently serves on the Board of Directors and the Executive Committee of YMCA Camp Belknap and coaches boys soccer and baseball. He serves as an alumni interviewer for Yale University, and is a past- President of the Yale Club of New Hampshire. Rob is also a well-known published author whose books, including Law School Confidential, Med School Confidential, Business School Confidential, and Campus Confidential are best-sellers in their fields and have been translated into multiple languages. His newest work, "The All American Boy" will be published later this year.

Practice Areas
Alternative Dispute Resolution
Business Litigation
Intellectual Property and Technology
Real Estate and Finance
Zoning, Planning and Land Use

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