Samuel R. Miller, Esq.
17 Mesa Avenue
Piedmont, CA 94611
Daily Rate $4,000
Practice 25
Cases 70 +
Languages English
Partner/Senior Counsel, Sidley Austin LLP, 2007-2015; Partner, Folger, Levin & Kahn, 1995-2007; Special Trial Counsel, US Dept. of Justice, Antitrust Division, 1994; Partner /Associate, Morrison & Foerster, 1976-1993;Law Clerk, Hon. William H. Orrick, U.S. Dist. Ct. N. D. Cal. 1975-1976.
Served as a mediator and/or early neutral evaluator in over 70 cases through the Alternative Dispute Resolution program of the U.S. District Court for the Northern District of California. Described as a “first rate mediator” who “quickly earned the trust and respect of both sides…” and “very effectively focused on business issues underlying [the] lawsuit” in feedback by mediation participants provided to the ADR program office. Served as mediator in patent infringement, copyright, trademark, contract disputes, joint venture issues, software and intellectual property licensing, employment-related disputes and other complex commercial litigation.
As examples:
• Mediated a number of patent infringement cases involving alleged infringement of software and electronic components patents
• Mediated contract dispute regarding alleged defects in manufacturing of semi-conductors
• Mediated dispute regarding ownership rights in artistic performances and alleged wrongful termination of artistic director of performing arts organization
• Mediated disputes regarding alleged misappropriation of trade secrets and other intellectual property
• Mediated dispute regarding ownership rights in recorded music
• Mediated disputes regarding trademark misappropriation
• Mediated dispute regarding alleged wrongful termination of executive
• Mediated disputes regarding termination of distributorship and joint venture agreements
• Mediated disputes regarding alleged copyright infringement of software
• Mediated dispute alleging deceptive marketing practices by financial institution

As counsel, has participated in many mediations, including in antitrust cases, securities cases, title insurance and real estate-related litigation, and insurance coverage cases and contract cases.
I believe that an effective mediator should listen carefully to try to understand what is driving the dispute. As a mediator, I have been described as “very fair" and "an excellent listener”. Participants in mediations conducted through the federal court ADR program indicated that they had “a high level of trust” and that I was “very effective in helping the parties to engage in a meaningful discussion of issues.” I try to encourage the principals to think creatively about business solutions that may resolve the matter and could not be achieved through the court process. Although typically I will start a mediation with a joint session, I will typically break into separate caucuses and conduct “shuttle diplomacy” in order to reach a resolution. In the private caucus, I am willing to express my opinions regarding the strengths and weaknesses of the case. I believe it was more conducive to settlement to express such views in private session. I am persistent in looking for ways to get past an impasse. I often follow up with parties even after a case has not settled in the first session to try to move toward settlement. Where appropriate, I will purpose a “mediator’s proposal” if I believe that that will help reach resolution of the matter.
Jonathan Bass, Coblentz Patch Duffy & Bass LLP, 415-772-5726 jrb@coblentzlaw.com
Howard Herman, Director Alternative Dispute Resolution Program, USDC-ND, 415-522-2027 howard_herman@cand.uscourts.gov
Wayne Brazil, JAMS, 415-982-5267 wbrazil@jamsadr.com
ACE 20 - Cyber Security: A Shared Responsibility, 2020; AAA ACE 19 Case Finances: What Arbitrators Need to Know, 2019; AAA Arbitrator Performance and Demeanor: Meeting Participant Expectations ACE18; AAA Arbitration in IP/Technology Disputes, 2017; AAA Roundtable Obtaining Evidence From Non-Party Witnesses, 2016; AAA Roundtable - Arbitration Panels, 2015; Arbitrator Fundamentals and Best Practices for New AAA Arbitrators, 2015; AAA Sanctions in Arbitration: Everything You Might Not Know that You Should Know 2015; U.S. District Court for the Northern District of California, Advanced Mediation Training
Admitted to Bar: California, 1975; D.C.. 1979
American Bar Association; California State Bar Association
Yale University (B.A. 1971)
UC Berkeley Law School (J.D. 1975)
Rated “AV Preeminent” by Martindale-Hubbell. Recognized as a leading antitrust attorney by “Super Lawyers”; “Chambers” “Best Lawyers”; and the “Legal 500”; Served as Committee Chair of Antitrust Litigation Committee of the ABA Litigation Section.
Invited to speak on various aspects of U.S. law by government institutions and universities in various countries, including Thailand and China. Published a number of articles including, “What to do Before, During and After IP Mediation,” Law360 (2013); “If Google is a ‘Bad’ Monopoly, What Should be Done?”, Law360 (2013); “A Rare, Important Robinson-Patman Decision in the Ninth Circuit”, Law360 (2013); “AUO Case Could Have Major Impact on Cartel Investigations”, Law360 (2013); “Technological Tying and ‘Predatory’ Innovation” Law360, (2011); “U.S. Discovery of European Union and U.S. Leniency Applications and Other Confidential Investigatory Materials.” CPI: The Antitrust Chronicle (2010).
$4,000 Per Day
English
United States of America
Piedmont, CA

The AAA provides mediators to parties on cases administered by the AAA under AAA mediation procedures. Mediations that proceed without AAA administration are not considered AAA mediations, even where parties select a mediator who is a member of an AAA mediation roster.