Kim E. Miller

Partner

New York Office
(212) 696-3732

Kim E. Miller is a KSF partner who specializes in securities litigation and other complex class action litigation. Ms. Miller also supervises the New York City office of KSF. Prior to joining the firm in 2006, Ms. Miller was a partner at one of the nation’s leading plaintiff class action firms. Ms. Miller also spent two years as a securities litigator on the defense side.

Over the course of her career, Ms. Miller has represented many thousands of harmed investors in class actions filed throughout the country. In a recent Order and final judgment in which KSF served as Lead Counsel, Elgaouni v. Meta Financial Group, Inc., 10-4108-MWB (N.D. Iowa) (June 29, 2012) (Bennett, J.) 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 recent settlement hearing in which KSF served as Lead Counsel, In re ShoreTel, Inc. Sec. Litig., 3:08-cv-00271-CRB (N.D. Cal.), the Federal District Court (Breyer, J.) noted, with respect to Ms. Miller, “You’re one of the best lawyers to appear in front of me in a long time…”

In addition to litigating many securities fraud and IPO-related securities cases, Ms. Miller has worked extensively on cases involving allegations of improper directed brokerage arrangements and excessive charges in mutual fund cases brought pursuant to the 1934 Securities Exchange Act and/or the Investment Company Act of 1940. She was also involved in the mutual funds late trading/market timing litigation. Ms. Miller’s class action trial experience includes participating as a trial team member in a four-month jury trial involving fraud-based claims the resulted in a jury verdict in favor of Plaintiffs and the Class.

In the course of her career, Ms. Miller has been involved in a variety of cases in which large settlements were reached, 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.)

Ms. Miller is KSF’s lead litigator in its securities class action practice. While at KSF, Ms. Miller has supervised all aspects of the following successful litigations, among many others: Erica P. John Fund, Inc. v. Halliburton Company, et al., 3:02-CV-1152-M (N.D. Tex.) ($100 million); In re Virgin Mobile USA IPO Litig., 2:07-cv-05619-SDW-MCA (D.N.J.) ($19.5 million settlement); In re BigBand Networks, Inc. Sec. Litig., 3:07-CV-05101-SBA (N.D. Cal.) ($11 million settlement); and In re U.S. Auto Parts Networks, Inc. Sec. Litig., 2:07-cv-02030-GW-JC (C.D. Cal.) ($10 million settlement).

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 has also served as a fundraiser for the New York Legal Aid Society.

Education

  • Cornell Law School, 1995, J.D., cum laude
  • Stanford University, 1992, B.A.

Bar Admissions

  • 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
  • California
  • 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

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Kahn Swick & Foti, LLC Privacy Policy

This privacy notice applies to www.ksfcounsel.com and all other websites on the World Wide Web owned or operated by Kahn Swick & Foti. It explains how we collect, use, process and share personal data we collect about you when you visit this website, including in connection with potential or actual representation of you by Kahn Swick & Foti. This notice is in accordance with European Data Protection laws (including the General Data Protection Regulation, effective May 25, 2018, as well as other country-specific laws that may be applicable).

This website is not intended for children and we do not knowingly collect personal data related to children.

What Information Do We Collect About You?

Personal data includes any information about an individual that could be used to identify them.

Kahn Swick & Foti collects, uses, stores and transfers different kinds of personal information about you, such as:

  • “Contact Data” – includes your work address, email address and telephone numbers;
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How Do We Collect Information About You?

We collect information about you in the following ways:

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How Will We Use Information We Collect About You?

We will only use your personal data in ways permitted by law, which may or may not include consent, depending on the type of data obtained. Any information you submit to us may be used to communicate with you regarding the matter or case for which you provided the information, as well as to communicate with you regarding unrelated matters or cases.

We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices, and security measures, including appropriate encryption and physical security measures to guard against unauthorized access to systems where we store personal data.

In circumstances where you provide us with personal information in connection with a matter in which we are representing you, we may share such information with contractors or agents we employ in the course of our investigations or casework with your consent. In doing so, we restrict access to personal data to firm employees, contractors, and agents who need to know that information to process it on our behalf. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations. We may also share the personal information if we have a good faith belief that access, use, preservation, or disclosure of such information is reasonably necessary to satisfy any applicable law, regulation, legal process or enforceable governmental request.

Marketing

We aim to provide you with choices regarding the use of your data for marketing purposes. We will not use your personal data to send you marketing materials if you have requested not to receive them.

If you do not wish to receive marketing materials and/or would like to request that we stop processing your personal data for marketing purposes, you may submit a request to info@ksfcounsel.com.

Access to Your Information and Correction

EU residents may have certain rights under European data protection law governing the personal data that Kahn Swick & Foti processes, including:

  • the right to be informed;
  • the right of access;
  • the right to rectification;
  • the right to restrict processing;
  • the right to data portability;
  • the right to object; and
  • rights in relation to automated decision making and profiling.

To exercise these rights with respect to any data provided to Kahn Swick & Foti, please contact us. All requests will be dealt with in accordance with the law.

Your California Privacy Rights

California Civil Code §1798.83 permits our clients who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

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Kahn Swick & Foti uses cookies on its website. The cookie contains a short, unique alphanumeric string that helps us recognize a specific user, which helps us improve the user’s online experience and personalize the site. For example, certain confirmation pages may display the name users provide to us. By using our website, you agree that we can place these types of cookies on your device.

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Data Retention and Storage

All data collected through this website, including data submitted by you, will be stored in the United States. Please note that, should you wish to submit personal data protected under European data protection law (other than for purposes of responding to your inquiry), you should contact us prior to submitting such data to discuss options.

We will only retain your personal data for as long as necessary to satisfy the purpose for which it was collected. Examples include satisfying legal, regulatory, accounting, reporting requirements and/or executing legal work for which we were retained by you. The specific retention period applicable to the type of data obtained will depend upon a variety of factors, including the data type, purpose for which it was obtained, and the nature, volume and sensitivity of the personal data, among others. If you would like to know more about data retention, please contact us.

Changes to Our Privacy Policy

Kahn Swick & Foti reserves the right to change this policy at any time by posting a new privacy policy at this location.

How to Contact Us

If you have questions concerning this Privacy Notice, wish to obtain additional information, or exercise specific data subject rights pursuant to European law (including the General Data Protection Regulation, and other country-specific data protection laws that may apply), please contact us.

Kahn Swick & Foti, LLC Terms & Conditions

The law firm Kahn Swick & Foti, LLC will evaluate your submission. By submitting the form, you acknowledge that this submission is not intended to and will not establish an attorney-client relationship between you and Kahn Swick & Foti, LLC (the “Firm”), and that the submission or receipt of information to the Firm or one of its attorneys via this form, website, e-mail or telephone does not create an attorney-client relationship.

Please note that, should you wish to submit personal data protected under European data protection law (other than for purposes of responding to your inquiry and/or determining class eligibility), you should contact us prior to submitting such data.