Overview
Morgan Miller is a partner in the Investigations and White Collar Defense practice at Paul Hastings and is based in the firm’s Washington, D.C. and London offices. His practice focuses on representing companies and individuals in white collar defense, anticorruption, securities enforcement, and related investigations before the U.S. Securities and Exchange Commission, U.S. Department of Justice, U.K. Serious Fraud Office, and other international regulators. Mr. Miller's particular areas of expertise include cross-border investigations involving complex financial and accounting issues and anticorruption matters, including under the U.S. Foreign Corrupt Practices Act and U.K. Bribery Act, as well as internal and special committee representations, regulatory compliance, and corporate governance.
Prior to joining Paul Hastings, Mr. Miller served as counsel in the Division of Enforcement at the SEC in Washington, D.C. During his tenure, Mr. Miller investigated and prosecuted a number of groundbreaking cases involving allegations of accounting fraud, insider trading, corruption, market manipulation, offering fraud, and regulated entity cases involving broker-dealers and investment advisors. Mr. Miller represents some of the largest multi-national companies and financial firms in multijurisdictional investigations—leading investigations in more than 40 countries throughout Africa, Asia, Europe, the Middle East, and South America. Many of these matters involve parallel investigations by the US, UK, and other international authorities. On a proactive basis, Mr. Miller regularly conducts risk assessments, transactional due diligence, and enhancements to global compliance programs. Mr. Miller’s experience spans a number of industries, including financial services, life sciences, technology, oil and gas, and defense. Mr. Miller is particularly experienced in the pharmaceutical and medical device sectors, representing multi-national companies in some of the most significant cases under the FCPA and the UK Bribery Act.
Recognitions
- Mr. Miller has been recognized for his innovative approach to complex investigations and significant litigation. One major corporation’s litigation team recently awarded Mr. Miller as its first ever “Hero of the Year” recipient for his outstanding representation in a high-profile FCPA investigation.
- Ethisphere 2014, “Attorneys Who Matter,” Specialists – Private Practice
- Global Investigations Review 2016, “Washington DC’s Leading FCPA Practices”
- Recipient of the 2014 Burton Award for Distinguished Legal Writing
Education
- University of San Diego School of Law, J.D., Order of the Coif, 1999
- University of California, San Diego, B.A., 1994
Representations
- Representing a large multinational company in connection with an SEC monitorship, including with respect to related enhancements to its global compliance program.
- Representing a Fortune 50 pharmaceutical and healthcare company in connection with anti-corruption investigations by the DOJ, SEC, UK Serious Fraud Office, and other government authorities involving over three dozen countries across the globe.
- Representing a multi-national pharmaceutical company in connection with its global anti-corruption/ FCPA due diligence associated with its US$16 billion acquisition of the vaccines business of another pharmaceutical company, divestiture of its oncology business, and a consumer healthcare joint venture.
- Advising a Fortune 50 life sciences company in connection with corporate governance and enhancements to its global compliance program, including a global risk assessment, third-party training, internal audit program, and third-party oversight.
- Representing a global specialist HIV company in conducting internal investigations of anti-corruption allegations in several countries, including in the CIS, Middle East, and South America.
- Representing a foreign sovereign wealth fund in an investigation of certain trading activities by the SEC. The SEC declined to take enforcement action following a lengthy investigation.
- Representing a Fortune 50 medical device company in anti-corruption investigations by the SEC and Italian authorities. The SEC declined to institute enforcement action.
- Representing a major investment bank in an investigation by the SEC and state regulators regarding mortgage and securities-related issues.
- Advising a Fortune 50 company on anti-corruption matters in China, including with respect to a joint venture and third-party sales force.
- Defending a global oil and gas corporation in the successful resolution of investigations by the DOJ and SEC regarding possible FCPA violations in its Nigerian operations.
- Representing a global manufacturer in FCPA investigations by the SEC, including conducting internal investigations in China and Europe while developing a global risk assessment. The matter favorably resolved with the SEC, which credited the Company’s response and remediation of the issues.
- Counseling a private equity fund regarding compliance and due diligence matters in the Middle East.
- Conducting an internal investigation of financial reporting issues for a national clothing manufacturer.
- Advising the audit committee of a major animal products company in conducting investigations of financial reporting, executive perquisites, and potential conflicts of interest.
- Representing a CFO of a life sciences company in an investigation by the SEC regarding financial reporting. The SEC declined to take enforcement action.
- Developing a global compliance program for a multi-national technology company.
- Representing the former CFO of a NASDAQ-listed corporation in SEC and DOJ investigations concerning allegations of accounting fraud. Investigations concluded without any criminal charges or SEC enforcement proceedings.
- Representing numerous other notable companies and executives in life sciences, technology, retail, telecommunications, and manufacturing companies in investigations by the SEC regarding financial reporting, accounting, executive compensation, and insider trading matters.
- Conducting numerous internal investigations on behalf of corporations and their Audit Committees concerning accounting, revenue recognition, disclosure, and various other securities-related issues.
- Representing life sciences, technology, and financial institutions and their officers and directors in shareholder class actions, derivative lawsuits, and other commercial litigation, including Capital One Financial, Northwestern Corporation, Dura Pharmaceuticals, Ligand Pharmaceuticals, and Semtech Corporation, among others.
Engagement & Publications
- Mr. Miller lectures and publishes regularly and is often quoted in articles on securities enforcement, anti-corruption, and legal ethics issues published by Bloomberg, Ethisphere, Law360, Los Angeles Times, Main Justice, Reuters, and the Wall Street Journal, among other leading publications.
- Co-Author of the Bloomberg/BNA treatise, Responding to Corporate Criminal Investigations.
- Contributing author of the Global Law and Business treatise, Anti-corruption Laws and Regulations (United Kingdom).