Kim E. Miller is a KSF partner who specializes in securities and other complex class action litigation. Ms. Miller supervises KSF’s New York City office. Prior to joining KSF in 2006, Ms. Miller was a partner at one of the nation’s leading plaintiff class action firms. Ms. Miller also spent time early in her career as a securities litigator in the defense bar.
Recently, Ms. Miller was the lead plaintiff’s lawyer for Pearlstein v. BlackBerry Limited, et al., No. 13-cv-7060 (S.D.N.Y.), and In re Chicago Bridge & Iron N.V. Securities Litigation, No. 1:17-cv-1580 (S.D.N.Y.), which resulted in settlement agreements on the eve of trial for $165 million and $44 million, respectively. She was also the lead plaintiff’s lawyer in Farrar v. Workhorse Group, Inc., et al., No. 2:21-cv-02072-CJC-PVC (C.D. Cal.). On July 28, 2023, after more than two years of hard-fought litigation, the Hon. Cormac J. Carney entered a Final Judgment approving a $35 million settlement of the Class’ claims. She was also the firm’s lead attorney in the Halliburton litigation ($100M settlement).
In a relatively recent Order and Final Judgment in an action where the Firm served as Lead Counsel, the Federal District Court noted:
Indeed, I find that this action has been a model of how complex class actions should be conducted. Counsel for the Lead Plaintiff, Kim Miller, and her firm, Kahn Swick & Foti, L.L.C., and [Defense Counsel] showed the utmost professionalism and civility, required very limited court intervention while diligently pursuing their objectives, and sought and obtained a fair and reasonable settlement before incurring substantial costs for discovery and trial preparation, all to the benefit of the Lead Plaintiff, Class Members, and the Defendants….I applaud their skill, expertise, zealousness, judgment, civility, and professionalism in putting the best interests of their respective clients first and not only foremost, but exclusively ahead of their law firms’ financial interests. Ms. Miller and [Defense Counsel] and their respective law firms earned my unyielding admiration and respect in this case for the efficient and exceptionally reasonable way in which they found a prompt, fair, and equitable solution to the complex problems their clients faced in this litigation, and they accomplished all of this with virtually no judicial intervention. In sum, my only deeply held regret in this case is that bioscience has not sufficiently advanced to allow the cloning of Ms. Miller and [Defense Counsel] for lead counsel roles in all complex civil class action litigation in the Northern District of Iowa.
At another settlement hearing where Ms. Miller served as Lead Counsel for KSF, In re ShoreTel, Inc. Sec. Litig., 3:08-cv-00271-CRB (N.D. Cal.), the District Court (Breyer, J.) noted: “You’re one of the best lawyers to appear in front of me in a long time….”
Ms. Miller’s class action trial experience includes participating as a trial team member in a four-month jury trial involving fraud-based claims that resulted in a jury verdict in favor of the class.
Earlier in her career, Ms. Miller was involved in a variety of other cases in which large settlements were obtained, including:
- Settlement value of $127.5 million Spahn v. Edward D. Jones & Co., L.P., 04-cv-00086-HEA (E.D. Mo.)
- $110 Million Recovery. In re StarLink Corn Products Liability Litigation, MDL No. 1403 (N.D.Ill.)
- $100 Million Recovery. In re American Express Financial Advisors, Inc. Sec. Litig., 1:04-cv-01773-DAB (S.D.N.Y.)
After graduating with honors from Stanford University in 1992 with a double major in English and Psychology, Ms. Miller earned her Juris Doctor degree from Cornell Law School, cum laude, in 1995. While at Cornell, Ms. Miller was the Co-Chair of the Women’s Law Symposium, Bench Brief Editor of the Moot Court Board, and a member of the Board of Editors of the Cornell Journal of Law & Public Policy. She was also a judicial intern for The Honorable David V. Kenyon in the Central District of California. Her pro bono work includes representing families of 9/11 victims at In re September 11 Victim Compensation Fund hearings. Ms. Miller also has served as a fundraiser for the New York Legal Aid Society.
- Cornell Law School, 1995, J.D., cum laude
- Stanford University, 1992, B.A.
- New York
- United States Supreme Court
- United States Courts of Appeal for the Fifth Circuit
- United States Courts of Appeal for the Ninth Circuit
- United States Courts of Appeal for the Eleventh Circuit
- United States District Court for the Southern District of New York
- United States District Court for the Eastern District of New York
- United States District Court for the Northern District of California
- United States District Court for the Southern District of California
- United States District Court for the Central District of California