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Partner
Education:
Fordham University School of Law
(J.D.,
1997)Notes & Articles Editor, Fordham Urban Law Journal ; Moot Court Board
Hobart College
(B.A.,
1987)
Bar Admissions:
1997, Connecticut
1998, New York
Court Admissions:
1998, U.S. District Court, Eastern District of New York
1998, U.S. District Court, Southern District of New York
Biography:
Charles Miller specializes in litigation relating to debt and equity derivatives and structured capital markets transactions incorporating derivatives contracts. Mr. Miller has extensive experience in advising corporations, high net worth individuals, and other market participants with respect to their participation in complex, structured transactions and holdings of derivatives, including potential legal claims relating to such investments. Mr. Miller has extensive knowledge of and experience with a broad range of structured financial products, including virtually all types of asset backed securities and collateralized debt obligations, as well as credit-linked notes and fund-linked notes referencing a panoply of underlying assets. Mr. Miller has extensive knowledge of the contracts through which such structured transactions are implemented, including virtually all forms of agreements structured pursuant to the conventions of the International Swaps and Derivatives Association (“ISDA”), and the various forms of trust structures employed to effect a broad range of risk transference and regulatory capital relief transactions. Mr. Miller has extensive experience litigating on behalf of corporations and high net worth individuals holding frozen auction rate securities of every variety, including taxable and tax-exempt municipal debt and student loan issuances, taxable and tax exempt closed-end fund preferred shares, complex derivative instruments issued by collateralized debt obligations, credit derivative product companies, and special purpose vehicles, and financial institution pass-through dividend received deduction securities.
Notable Representations
Mr. Miller’s current or recent engagements have included representing:
- corporations, including a leading American clothing designer and leading international chemical corporation seeking to recover investments in student loan auction rate securities totaling more than $1 billion;
- a leading oil field services provider seeking to recover more than $30 million in connection with its investment in securities tied to complex, credit linked notes referencing a portfolio of credit default swaps providing loss protection on a portfolio of corporate bonds;
- a large hedge fund seeking to recover more than $60 million in cash committed to a complex loss protection agreement implemented through multiple contracts including an ISDA credit default swap and multiple trust agreements;
- an international financial institution seeking to recover nearly $200 million invested in CDOs;
- the liquidator of an overseas broker-dealer in that country’s largest ever bankruptcy proceeding in which the liquidator seeks more than $180 million in damages in connection with the purchase and sale of credit-linked notes referencing a tender option bond fund tied to a complex hedging strategy.
Recent Clients
Recent clients include American Eagle Outfitters Inc., Ashland Inc., Baker Hughes Incorporated, Blue Healthcare Bank, Depfa Bank PLC, Chicago Fundamental Investment Partners, LLC, Iconix Brand Group, Incorporated, National Australia Bank Limited, Veyance Technologies, Inc.
Speaking Engagements
Mr. Miller lectures on structured finance issues and their relation to the law, and provides tutorials to in-house legal personnel to assist them in understanding the nature of the securities and transactions at issue so they may pursue their rights more effectively.
Mr. Miller is a 1997 graduate of the Fordham University School of Law, where he taught trial advocacy as an adjunct professor following graduation.
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Email:
Telephone:
(212) 506-1908
Fax:
(212) 506-1800
Office:
New York
Practice Areas:
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