Thirteen Parker Hudson Attorneys Named As 2023 Georgia Super Lawyers and Rising Stars
Feb 09, 2023
jared c. miller
Partner
Atlanta
Overview
Jared Miller is a partner with the firm's litigation team and is also on the firm's Executive Committee. He also previously served as the firm’s General Counsel. Jared is a litigator focused on helping companies resolve big problems. Working with businesses around the country, Jared has assisted his clients in resolving a wide variety of legal disputes. His collaborative, diligent approach complements an abiding desire to see his clients achieve great outcomes and get back to business.
At home with complex litigation, Jared represents financial institutions, manufacturers, franchisors, hospitals, medical practices, and other clients in some of the bigger cases they face. Many of these claims involve business competition issues, intellectual property disputes, employment disputes and litigation, and banking, mortgagor, and franchise litigation. Jared also has extensive experience dealing with restrictive covenant and trade secret issues.
Jared thrives under the pressure of litigation, and he is committed to seeing his clients through what are often contentious and distracting business disputes. The depth of his knowledge of the issues facing businesses today ensures that he can identify defenses and plot the best course to successful resolution of each case. At the same time, his responsive and client-centered communication style creates the confidence every client craves: that their matters are being exceedingly well-minded.
Prior to joining the firm, Jared worked in the Boston office of an AmLaw 25 international firm and with the Atlanta office of a national firm.
Experience
- Represented a national franchisor of units selling wireless accessories and performing repairs of wireless devices, in a precedent-setting case enforcing a non-compete under the new Georgia restrictive covenants statute against a former employee and a guarantor of one of our client's franchisees. After the defendant began to work with one of our client's competitors, our client sued to enforce a non-compete in his guarantee agreement restricting his ability to work in the wireless accessory and repair industry within a 10-mile radius of any of our client's franchise units anywhere in the United States. In a case of first impression under the still-new Georgia restrictive covenant statute, a federal judge granted a preliminary injunction enforcing the non-compete to the full extent of its terms – i.e., nationwide for 10 miles around any business unit. The Court's decision represents a major victory for franchisors because it recognizes a franchisor’s legitimate business interest in preventing unfair competition nationally by a former franchisee or its principals, and grants much broader relief than previously was available under Georgia law.
- Represented a Fortune 500 diagnostic testing company in successfully challenging and reversing a significant adverse jury verdict. Following a nearly $5.5 million adverse jury verdict prior to our firm’s involvement, our firm handled post-trial briefing, a new trial, and an appeal, which ultimately resulted in a complete defense verdict and no liability to our client. The firm was initially retained after a trial, in which our firm was not involved, resulted in a jury verdict against our client and its subsidiary on a medical malpractice claim for nearly $5.5 million. Once retained, the Parker Hudson team first obtained a new trial on damages, and then convinced the trial court to vacate the remaining portion of the jury’s verdict (the liability finding) and award a new trial on all issues. The parties tried the case to a jury in March 2014. The plaintiff sought at least $7 million at trial. The Parker Hudson team were the lead trial lawyers and tried the case along with a lawyer from another firm. After a six-day jury trial, the jury entered a complete defense verdict, which was then affirmed by the Georgia Court of Appeals.
- Represented a large financial services institution in a series of lawsuits with a major competitor that involved allegations of corporate raiding, misappropriation of trade secrets, and alleged violation of restrictive covenants. The competitor of our client and a former employee initiated a lawsuit in state court, seeking a temporary restraining order to prevent our client from enforcing certain restrictive covenants. The firm removed the case to federal court and successfully defeated a motion to remand when the federal court found that the competitor had fraudulently joined an affiliate of our client in an effort to defeat diversity jurisdiction. The competitor then withdrew its motion for temporary restraining order and instead filed a motion for preliminary injunction. The firm then asserted several counterclaims against the competitor and former employee, defending the enforceability of the restrictive covenants and asserting trade secret claims, tort claims, and claims for breaches of the covenants. After some discovery, the competitor and former employee withdrew their motion for preliminary injunction, and the case resulted in a substantial settlement in favor of our client.
- Successfully represented our client, a national franchisor, in both the trial court and before the Georgia Court of Appeals in obtaining an order compelling the arbitration all of the plaintiff's claims in a seven-count, 42-page Complaint. The plaintiff initially filed suit against our client in Florida, alleging various misrepresentations and torts in connection with the sale of a franchise unit, but ultimately dismissed that lawsuit after we successfully enforced the client's Georgia forum selection clauses. After the plaintiff re-filed its suit in Georgia, we moved to compel the arbitration of all claims. The plaintiff argued that the parties' agreement to arbitrate had been superseded by another contract, but the trial court (Fulton County Superior Court, Business Court) granted the firm's motion to compel arbitration of all claims. The firm then handled the appeal before the Georgia Court of Appeals, which unanimously affirmed the trial court's decision compelling arbitration. The Court of Appeals' decision is reported at Samaca, LLC v. Cellairis Franchise, Inc., 345 Ga. App. 368 (2018).
- Represented a national restaurant franchisor in pursuing and obtaining injunctive relief in federal bankruptcy court against a former franchisee for misuse of our client's trademarks. The firm successfully asserted claims arising under the Lanham Act (trademark infringement and false origin claims) as well as claims for unfair competition and breach of contract. The court granted our client's motion for temporary restraining order and preliminary injunction and ordered the defendants immediately to stop using our client's trademarks and cease operation of the restaurants at issue.
- Represented the subsidiary of a Fortune 500 diagnostic testing company in successfully enforcing restrictive covenants against a top sales representative. Despite having agreed to restrictive covenants, including a non-compete, the sales representative resigned and went to work for a competitor in the same territory. We filed suit on behalf of our client and obtained a preliminary injunction in federal court against the sales representative. Then, based on evidence obtained during discovery, the firm moved for summary judgment on behalf of our client. The Court granted summary judgment as to liability in favor of our client, finding that the sales representative had breached both his non-compete and his non-solicitation covenants. Shortly thereafter, the case settled favorably to our client.
- Represented two entrepreneurs in defense of claims for alleged misappropriation of trade secrets, misuse of confidential information, trademark infringement, and related claims. The case involved new, cutting-edge technology relating to small satellites (cube satellites) and the internet of things. The firm obtained summary judgment for our clients on several claims, including on the plaintiff's claims for trademark infringement, breach of contractual client and employee non-solicits, and violation of the Georgia computer systems protection statute.
- Represented a software company in litigation relating to the alleged breach of a non-disclosure agreement entered with a competitor in connection with the consideration of a potential joint venture. Our client denied misusing confidential information and denied any wrongdoing. We were able to resolve the case early in the litigation and obtain dismissal of the lawsuit and the competitor's motion for injunctive relief, without our client having to incur substantial legal fees.
- Obtained a favorable ruling from the Eleventh Circuit Court of Appeals, affirming in its entirety an order by the United States District Court for the Northern District of Georgia, dismissing with prejudice all of the plaintiff-borrower's claims against one of the firm's bank clients. The trial and appellate courts both held that the plaintiff-borrower could not state a private right of action under the federal government's Home Affordable Modification Program (HAMP).
Thought Leadership
- Franchising & Distribution Currents, Franchise Law Journal, 41:3 (2022).
- Presiding, Advanced Topics in Franchising and Distribution Seminar, State Bar of Georgia ICLE Series (January 2021).
- "Franchisor Intellectual Property; Protecting Your Intangibles in 2016" (co-author) (presented and published paper at 49th Annual International Franchise Association Legal Symposium in Washington, D.C.) (May 15-17, 2016).
- Presented on the topic of "Hiring Between Competitors: Practical Tips for a New Employer to Minimize Risk of Liability and for a Former Employer to Protect its IP Rights" at Daily Report In-House Counsel Seminar (September 2015).
- "Georgia's New Legislation Marks a Brave New World for Restrictive Covenant Agreements and Disputes" (co-author) (Daily Report In-House Counsel Seminar) (September 2015).
- Presented CLE seminar on topic of "Drafting Dispute Resolution Clauses from a Litigator's Perspective" to Legal Department of Fortune 500 company (July 2015).
- Presented on the topic of "Discretionary Relief: Crafting the Best Application or Petition" at ICLE Georgia Appellate Practice conference (co-panelist with Hon. Keith R. Blackwell, Justice, Georgia Supreme Court, and Hon. Elizabeth L. “Lisa” Branch, Judge, Georgia Court of Appeals) (February 2015).
- "Covenants Against Competition in Franchise Agreements" (3d ed.) (co-author of chapter on Georgia law) (ABA Forum on Franchising 2012).
- "Change in the Air: Georgia's New Legislation Marks a Brave New World for Restrictive Covenant Agreements and Disputes" (co-author) (ABA Section of Litigation: Intellectual Property Litigation Regional CLE Workshop) (June 2011).
- Media Law Resource Center 50-State Survey: Media Privacy and Related Law, 2010-11 (co-author of Georgia section).
- Media Law Resource Center 50-State Survey: Media Privacy and Related Law, 2009-10 (co-author of Georgia section).
- Middle Eastern Law - "Middle Eastern Law." The International Lawyer 40, no. 2 (2006): 597-626 (co-author of section on Bahrain).
Areas of focus
- Closely Held Businesses
- Financial Services
- Franchise
- Healthcare
- Alternative Dispute Resolution
- Appellate Litigation
- Business Torts & Unfair Competition
- Commercial Disputes
- Corporate Governance & Ownership Disputes
- Employment Litigation & Counseling
- Fiduciary Litigation
- Financial Services Litigation
- Franchise Disputes
- Healthcare Litigation
- Intellectual Property & Restrictive Covenants
- Real Estate Litigation
Education
- University of Chicago Law School (J.D., 2004)
- Harvard College (A.B., cum laude, 2001 (graduated in 3 years))
Accolades
- Recognized by The Best Lawyers in America© for Commercial Litigation (2022-2023)
- Recognized as a Georgia "Super Lawyer" in Business Litigation by Super Lawyers magazine (2020-2023) (top 5% of attorneys in Georgia)
- Recognized as a Georgia "Super Lawyers Rising Star" in Business Litigation by Super Lawyers magazine (2011, 2014-2019) (top 2.5% of attorneys in Georgia 40 years old or younger or in practice 10 years or less)
Professional affiliations
- Served as the Firm's General Counsel (2018-2020)
- Member, American Bar Association, Litigation Section and member of the Franchising Forum
- Franchise Law Journal, Editorial Board (2021-2022)
- Member, State Bar of Georgia
- Franchise Section, Chair, Board of Directors (2020-2021), Vice-Chair (2019-2020), Secretary (2018-2019)
- Appellate Section
- Member of the Junior Board of Directors, Atlanta Volunteer Lawyers Foundation (2011-2015)
- Member, Lamar Inn of Court
Admitted to practice
- Georgia