Timothy J. Miller

BIOGRAPHY

Tim Miller represents clients in complex commercial litigation and arbitration matters involving a wide range of issues. He is experienced in matters concerning attorneys’ and other professionals’ liability, directors’ and officers’ liability, partnership law, business torts, real estate and the activities of financial institutions. In 2013, Tim was named Novack and Macey’s General Counsel.

Representing attorneys and law firms in malpractice (or non-malpractice) situations makes up a large portion of Tim’s practice. In one such matter, he represented a law firm in a dispute with a former client, with which the firm had been involved in the collection for medical services from third party payers. The case involved accusations of fraud, breach of fiduciary duty, breach of contract and conversion. Novack and Macey convinced the trial court to dismiss the claim without prejudice by arguing that the plaintiff’s complaint was barred by the statute of limitations applicable to attorneys (an argument the plaintiffs unsuccessfully tried to counter by pointing to the collection work the law firm had done for them).

For almost 10 years of multiple trials and appeals, Tim was involved in a dispute over the purchase price of the subsidiary of a large health insurer. Issues included questions about corporate conduct, signed agreements, and the veracity of a third party accountant. After favorable resolution of numerous motions in limine, the case settled on the eve of trial. At the other end of the spectrum as far as a case’s protraction is concerned, two months was all it took for Tim and the rest of the Novack and Macey team to gather resources, complete discovery and conduct a fully evidentiary trial on behalf of a subsidiary of a major oil company in a dispute over a right of first refusal. The case was settled following trial but prior to entry of judgment.

Tim is a member of the American Bar Association. He has been a member of the Editorial Board of Mealey’s D&O Liability Litigation Reports. Prior to joining the firm, he was an associate at Sidley & Austin.

Born in 1960 and raised in Michigan, Tim lives in Wilmette with his wife, Kimberly, and their three children. He serves his community as a member of the Finance Committee of the Board of Directors of the Greater Chicago Food Depository.  The Finance Committee is a subcommittee of the Board of Directors that advises the Board with respect to, among other things, the Food Depository’s investment portfolio, budget and insurance needs.

EDUCATION

• Alma College (B.A., 1982), (Summa Cum Laude), Phi Beta Kappa
• Duke University Law School (J.D., 1985), High Honors, Order of the Coif; Managing Editor, Duke Law Journal

BAR ADMISSIONS

• Illinois
• Trial Bar of the United States District Court for the Northern District of Illinois
• United States Court of Appeals for the Seventh Circuit
• United States Court of Appeals for the Sixth Circuit
• United States District Court for the Northern District of Indiana
• United States District Court for the Western District of Michigan

SPEECHES AND PUBLICATIONS

• “Should Derivative Legal Malpractice Be Allowed in Illinois?” Illinois Bar Journal, February 2013. PDF
• “Ethical Considerations in Negotiating Outsourcing Deals.” Practising Law Institute, Intellectual Property Course Handbook, 2012. 
• Co-author, “Smart Evidence: Commercial Litigation.” Illinois Institute of Continuing Legal Education, 2012.
• Co-author, “Illinois Civil Practice: Trying the Case.” Illinois Institute of Continuing Legal Education, 2012.
• “Appeals from Judicial Criticism of Lawyers,”  SideBar of the Federal Litigation Section of the Federal Bar Association, Summer 2011.  PDF
• Co-author, “Smart Evidence: Commercial Litigation.” Illinois Institute of Continuing Legal Education, 2006.
• “Illinois Settlement Pitfalls,” CBA Record, May 2007.
• “7th Circuit Gives Arbitrators Permission to Ignore the Law,” Chicago Daily Law Bulletin, June 28, 2001.
• Co-author, “Are Your Attorney-Client Retention Agreements Enforceable?” CBA Record, January 2001.
• “The Attorney’s Duty to Reveal a Client’s Intended Future Criminal Conduct,” 1984 Duke Law Journal 582.
• Co-author, “Appeals Court Warns a New Retainer Agreement Pitfall,” www.law.com.

MEDIA COVERAGE

• Timothy J. Miller Named General Counsel of Novack and Macey LLP
• Tim Miller Argues Against Derivative Legal Malpractice in the Illinois Bar Journal
• 17 Attorneys Named as 2013 Super Lawyers and Rising Stars
• Tim Miller Discusses the Responsibilities and Risks of Serving on a Corporate Board of Directors in “Smart Business Chicago”
• IICLE Recognizes Novack and Macey Volunteers as “Exceptional Writers” of Civil-Litigation Materials
• Tim Miller Named to Facultyof PLI Seminar on Ethics Issues in Negotiating Sourcing Deals
• IICLE Publishes 2012 Edition of “SmartEvidence: Commercial Litigation” by Novack and Macey Attorneys Mitch Marinello, Tim Miller and Rebekah Parker
• Federal District Court Denies Motion to Reconsider Order Dismissing Defamation Claim Against Court-Appointed Receiver
• Miller, Drury and Schwartz Contribute to 2012 Illinois Civil Practice Handbook
• Tim Miller Cautions Business Executives Who Blog: “Don’t Let the Informality Fool You”
• Fleming, Macey, Mann, Marinello, Miller, Novack, Shonkwiler and Tarkington Are 2012 Illinois Super Lawyers
• Novack and Macey Attorneys Obtain Dismissal of Arbitration Proceeding
• Tim Miller Discusses “Appeals from Judicial Criticism of Lawyers” in FBA’s SideBar
• “Making a deal: What to do when considering and entering into a settlement agreement,” an Interview in the April 2011 issue of Smart Business Chicago magazine.
• Fleming, Macey, Mann, Marinello, Miller, Novack, Shonkwiler and Tarkington Are 2011 Illinois Super Lawyers
• Case Against Novack and Macey’s Client Dismissed
• Novack and Macey Attorneys Are Super Lawyers and Rising Stars!
• Novack and Macey Wins Dismissal of Complaint Against Its Client
• Motion to Dismiss Complaint Against Novack and Macey’s Clients Granted
• Novack and Macey’s Client Dismissed From Mortgage Rescue Fraud Case
• Novack & Macey Successfully Defends Dismissal of Appeal
• Appellate Court Upholds Novack and Macey’s Successful Defense of Law Firm Claim Accused of Malpractice
• In Case of First Impression, Court Upholds Novack and Macey’s Interpretation of Statute Regarding Security Interests
• Levine, Siegel and Campbell Obtain Over $18.9 Million in an Arbitration Award Against a Fund Manager
• Appellate Court Rules in Favor of Time Consumer Marketing, Inc. in Dismissal of Sweepstakes Mailing List
• Appellate Court Affirms Law Firm’s Right to Arbitration
• Appellate Court Allows Breach of Contract and Fraud Litigation