The Best Lawyers in America® 2015

Gregory A. Miller

Shareholder
T:412 562 3960  |   F:412 562 1041 Pittsburgh
Gregory A. Miller is the firm's general counsel. His practice encompasses a range of employer counseling and employment litigation issues in both state and federal court including defending employers against FLSA collective actions and related state law class actions. Greg is a member of the Executive Committee of the firm's Labor and Employment Law Section.

Greg defends employers against claims for discrimination, retaliation, wage payment, civil rights, defamation and wrongful termination. Additionally, he focuses on litigation involving trade secret law/covenants not to compete, shareholder disputes, executive agreements, and intellectual property ownership issues.

Greg currently serves as the firm's vice president and chair of the associate committee. He formerly served on the firm's board of directors and chaired the recruiting committee when its summer program was ranked second nationally among large firms.

He has written on employee/employer related privacy issues and trade secret protection and has spoken on these topics at various forums. Greg focuses his counseling efforts on avoiding litigation and trains clients in the art of managing the problem employee, and managing to eliminate or reduce the risk of being sued. Many of these risk reduction concepts are reflected in the employment agreements, policies, handbooks and separation agreements Greg drafts for clients.

In 2012, Greg was named to the Best Lawyers in America® list.

Greg began his legal experience as a summer intern with Buchanan's Pittsburgh office and has spent his entire legal career with the firm. Prior to entering law school, he worked as an engineer in the space industry in Cape Canaveral, Florida.

Significant Injunction Cases:

  • Obtained comprehensive Temporary Restraining Order and Preliminary Injunction Order on behalf of international secondary steel company following a hearing in federal court enjoining its ex-executive and her new employer from soliciting its customers and other post-employment restrictions.
  • Obtained full Temporary Restraining Order on behalf of national sports and fitness specialty retailer following a hearing in federal court enjoining its ex-senior buyer from going to work for a competitor pursuant to the terms of a noncompete agreement. 
  • Obtained consensual Temporary Restraining Order and ultimately full, consensual final Order on behalf of an insurance agency prohibiting ex-insurance salesperson and her new employer from soliciting former customers. As part of negotiated settlement, client was reimbursed $140,000 for 100 percent of attorneys fees plus the value of lost clients plus loss of goodwill. 
  • Successfully prosecuted, on behalf of a national commercial roofing company in multi-jurisdictional dispute, a claim that its ex-roofing salesman in Georgia had violated post-employment obligations when working for a competitor, resulting in an agreement barring roofing activities in a restricted territory and the solicitation of customers. As part of the settlement, the ex-employee paid $35,000 to reimburse attorneys fees expended on prosecution and agreed to sign a letter to be distributed to current employees admitting he breached his employment agreement, paid significant monetary damages and apologized. 
  • Successfully defended two former executives of a cold storage facility against action brought by former employer attempting to stop them from operating a competitive facility. After successfully arguing, Company was obligated to advance and then reimburse the former executives for their attorneys fees in defending themselves against former employer based upon interpretation of the Company's By-Laws, case settled on very favorable terms with no competitive restrictions. 
Significant Employment Cases:

  • Won defense verdict in favor of Nike, Inc. following a weeklong jury trial in federal court in case alleging reverse gender discrimination, hostile work environment and retaliation. Jeffrey Paich v. Nike, Inc., Civil Action No. 06-1442, U.S. District Court for the Western District of Pennsylvania.
  • Granted Rule 50 Motion at completion of one week jury trial awarding defense verdict on all claims in defense of Pittsburgh Public School System in lawsuit filed by former teacher alleging constitutional breaches related to her discipline for "assisting" grade school students on standardized tests.  Prior to entering appearance and substituting as counsel for a prior firm, the court had awarded partial summary judgments for Plaintiff on liability which was then vacated at conclusion of trial. Beth Lynn Boysza v. John W. Thompson, individually and in his capacity as Superintendent of the City of Pittsburgh School District, the Pittsburgh Board of Public Education and the City of Pittsburgh School District, Civil Action No. 03-1526, U.S. District Court for the Western District of Pennsylvania.
  • Awarded motion to dismiss or summary judgment resulting in dismissal of lawsuit on variety of single plaintiff employment cases including:
  • Regis H. Stepp v. FairPoint Communications, Inc., Marianna and Scenery Hill Telephone Company, Terry Stauffer, Michelle Murray & Lori L. Engel, Civil Action No. 06-00576, U.S. District Court for the Western District of Pennsylvania (age, retaliation, hostile work environment).
  • William E. Hynes v. USAir, Inc., et al., Civil Action No, 95-1086, U.S. District Court for the Western District of Pennsylvania (age, and violations of several common law torts including libel, slander, defamation and negligent infliction of emotional distress).
  • Todd Elliott Koger v. Robert Half International, Robert Half Legal, Aparna Sharma, Civil Action No. 05-0859, U.S. District Court for the Western District of Pennsylvania (race). Plaintiff appealed to the U.S. Court of Appeals for the Third Circuit at No. 07-1746, and the Third Circuit denied the appeal.
  • Krishnaswamy Sampath v. Concurrent Technologies Corporation, Civil Action No. 03-264J, U.S. District Court for the Western District of Pennsylvania (national origin, retaliation). Plaintiff appealed to the U.S. Court for Appeals for the Third Circuit at No. N.. 08-2370, and the Third Circuit Court of Appeals issued its opinion affirming the Order of the District Court. Plaintiff then filed a petition with the Supreme Court of the United States for writ of certiorari. The Supreme Court denied the petition.
FLSA Collective/Class Action Cases:

  • Defended national sports and fitness specialty retailer against a purported nationwide FLSA collection action comprised of a class of non-exempt employees who had allegedly been denied wages under a holiday pay policy. Court granted a Rule 12 motion to dismiss the holiday pay claim.
  • Defended national insurance company against a purported nationwide FLSA collective action comprised of independent contractor agents alleging they were actually employees of the Company who were due overtime. Through early successful case management, initial discovery was limited to named plaintiff only. Case was dismissed when defendant was awarded summary judgment by proving named plaintiff was an independent contractor and not an employee. 
  • Defended national mortgage company in nationwide FLSA collective action alleging wrongful classification of loan officers as non-exempt. Case resolved at close of discovery in settlement approved by U.S. District Court for the District of Minnesota.
Other:

  • Successfully represented medical device company against claims by former employee over ownership and inventor status following sale of device with issues being decided by the Third Circuit Court of Appeals and, after oral argument, by the Federal Circuit Court of Appeals. Ultimately summary judgment was granted on all counts to defendants.