Emily W. Miller

Emily W. Miller

Shareholder

Trial Lawyer and Business Litigator - Emily W. Miller

Emily Miller has experience handling a wide variety of commercial litigation matters, involving securities, financial institutions, energy, real estate, intellectual property, antitrust, insurance, product liability, and general commercial litigation. Emily represents clients in complex business disputes, including contracts, fraud, negligence, trade secret protection, fiduciary duty, and corporate governance in state and federal court and in arbitration proceedings. Her clients span numerous industries, including energy, healthcare, private equity, and manufacturing.

Prior to joining Andrews Myers, Emily was a partner with an international law firm known worldwide for its accomplishments in the energy arena.

Areas of Practice

  • Business Litigation
  • Financial
  • Energy
  • Real Estate
  • Intellectual Property
  • Insurance
  • Corporate Governance and Shareholder disputes

Bar and Court Admissions

  • Texas
  • U.S. District Court, Northern, Southern, Eastern and Western Districts of Texas

Representative Experience

ENERGY LITIGATION

  • Represented manufacturer of steel products used in energy sector in federal court in Lanham Act false advertising lawsuit; Fifth Circuit affirmed district court’s granting of summary judgment in favor of client
  • Represented E&P company in arbitration proceeding against oilfield automation company, resulting in favorable settlement just before final hearing
  • Represented an investment group in arbitration proceeding against the buyer of certain oil and gas assets for buyer’s improper withholding of multi-million-dollar purchase price adjustment under purchase and sale agreement based on alleged environmental defects, resulting in arbitration award for buyer’s full payment to client of the more than $7 million withheld purchase price funds
  • Defended offshore drilling company against claims seeking return of deposit for failed $27 million stock transaction in federal court; after grant of partial summary judgment in the client’s favor, plaintiff abandoned claims and the client retained $1 million deposit
  • Represented proppant supplier against an oilfield services company in action to prevent foreclosure of real and personal property, which secured a $20 million promissory note; after obtaining temporary injunction against the oilfield services company, the parties settled amicably
  • Represented gas processing midstream company in asserting claims to enforce multi-million-dollar supply contract and defending against counter-claims; while dispositive motions were pending, the parties reached a settlement favorable to the client
  • Defended a casing manufacturer in a product liability lawsuit asserting alleged defects involving downhole well failure
  • Defended offshore drilling company against breach of contract claim relating to leased equipment
  • Represented former lessor of oil and gas lease in state court litigation involving claims arising out of assignment of rights under lease

HEALTHCARE LITIGATION

  • Represented out-of-network healthcare providers in lawsuits seeking reimbursement for services rendered to insured patients
  • Represented hospital and healthcare providers in managed care disputes with insurance companies
  • Represented healthcare providers in corporate governance and shareholder/member disputes

GENERAL BUSINESS AND INTELLECTUAL PROPERTY LITIGATION

  • Obtained temporary injunction on behalf of an oil and gas pipe support manufacturer against former employees on claims of misappropriation of trade secrets, which resulted in a favorable settlement for the client
  • Represented telecommunications company in dispute involving use of shared fiber optic network, including claims of tortious interference with contracts and breach of fiduciary duty
  • Represented commercial tenant plaintiff in action against landlord to enforce option to purchase in commercial lease, which resulted in a favorable settlement and enforcement of tenant’s purchase option
  • Assisted in representing plaintiff in copyright, trade secret, and trademark litigation involving oil and gas pipe support products in in federal court against a former consultant and steel fabrication company
  • Defended individual in insurance claim dispute involving allegations of fraud and RICO; after extensive briefing in the pleading stage and dispositive motions, the parties reached a favorable settlement

Education

  • Baylor Law School, Waco, Texas
    • J.D. (Cum Laude) – 2011
    • Articles Editor, Baylor Law Review
    • Order of the Barristers
    • Recipient of Dean’s Academic Excellence Award
  • Baylor University, Waco, Texas
    • B.B.A. (Summa Cum Laude) – 2008

Professional Recognition

  • Listed as “One to Watch” in The Best Lawyers in America (Intellectual Property Law), by Woodward/White Inc., since 2021
  • “Texas Rising Star,” as presented by Super Lawyers, a Thomson Reuters Business, in Texas Monthly, 2016 – 2020
  • Texas Bar Foundation, Fellow

Professional Associations and Memberships

Member, Women’s Business Alliance, Greater Houston Partnership

Member, Houston Bar Association

Member, Houston Young Lawyers Association

Member, Association of Women Attorneys

Member, Advisory Board, Kid’s Meals Inc.

Speeches and Publications

“Fraud in the Pandemic – False Claims Act Risk Under the CARES Act,” July 27, 2020

“The Doctor Will (Virtually) See You Now,” July 7, 2020

“Governor Abbott’s GA-14 Executive Order: Can My Employees Go To Work?” Client Alert, April 9, 2020

“COVID-19: Are You Essential?” Client Alert, March 25, 2020

“Protecting Your New Business: Email Best Practices and Traps to Avoid,” February 27, 2020

“Recent State and Federal Legislation Regarding ‘Surprise Billing’,” January 16, 2020

“Proportionality in Discovery,” TADC 2018 Winter Seminar, February 2018