Amy Miller represents institutional and individual shareholders in corporate governance lawsuits, ranging from derivative actions to securities class actions, all seeking accountability on issues including breach of fiduciary, securities fraud, and corporate waste. She is also a member of the Securities Group’s corporate governance case development team.
Amy brings to bear more than 20 years of plaintiff-side and defense-side securities litigation experience addressing matters involving corporate governance and corporate wrongdoing, mergers and acquisitions, in which stockholders were provided with an unfair value for their stock, and more recently with SPAC investment vehicles.
Immediately prior to joining Cohen Milstein in 2019, Amy led the corporate governance litigation practice at a highly regarded national securities plaintiffs’ class action law firm. She began her career at one of the nation’s top securities defense firms where she worked for nearly a decade.
Since 2018, Amy has contributed a chapter concerning the Second Circuit to the American Bar Association’s Survey of Federal Class Action Law: A U.S. Supreme Court and Circuit-by-Circuit Analysis. The Survey, produced by the ABA Litigation Section’s Class Actions and Derivative Suits Committee, provides up-to-date analysis of class action law in each federal circuit.
While attending law school, Amy was the articles editor for the New York Law School Law Review.
- American Bar Association
- New York
- New York Law School, J.D., summa cum laude, 2001
- Boston University, B.A., magna cum laude, 1995
- Extern for the Honorable George B. Daniels of the U.S. District Court for the Southern District of New York
Current Cases
In re Abbott Laboratories Infant Formula Shareholder Derivative Litigation
In re Abbott Laboratories Infant Formula Shareholder Derivative Litigation (N.D. Ill.): Cohen Milstein is Lead Counsel in this shareholder derivative lawsuit against Abbott’s board of directors for breaching their fiduciary duties related to the company’s manufacture and sale of infant formula products, prompting a major recall and nationwide infant formula shortage and allegedly causing billions of dollars of damage to Abbott. Plaintiffs also allege claims of insider trading, corporate waste, and unjust enrichment, as well as violations of the federal securities laws.
In re XL Fleet (Pivotal) Stockholder Litigation
In re XL Fleet (Pivotal) Stockholder Litigation (Del. Ch.): Cohen Milstein is co-lead counsel in a stockholder action against XL Fleet and certain current and former officers and directors. The action alleges that XL Fleet and Pivotal entered into a de-SPAC transaction harmful to stockholders.
Matterport Shareholder Derivative Litigation
Matterport Shareholder Derivative Litigation (Del. Ch.): On February 6, 2024, Cohen Milstein and co-counsel filed a verified stockholders’ derivative complaint nominally, on behalf of Matterport Inc., against the Company’s directors, officers, their affiliated entities, and others, who were unjustly enriched by the Board of Directors’ approval of a self-interested transaction.
Zucker, et al. v. Bowl America, Inc., et al.
Zucker, et al. v. Bowl America, Inc., et al. (D. Md.): Cohen Milstein serves as co-lead counsel in this certified securities class action. Shareholders of Bowl America, Inc. allege that the board of directors of Bowlero Corp. orchestrated a merger that was unfair, misleading and grossly inadequate, forcing the sale of Bowl America at a fire sale price.
Past Cases
Boeing Derivative Shareholder Litigation
Boeing Derivative Shareholder Litigation (N.D. Ill.): Cohen Milstein served as sole lead counsel in a federal derivative case brought by the Seafarers Pension Plan against The Boeing Company's directors and officers arising out of the 737 MAX crashes and alleging federal proxy statement violations in connection with director elections. After the case was dismissed on forum non conveniens grounds, Plaintiffs successfully argued before the U.S. Court of Appeals for the Seventh Circuit, obtaining a 2-to1, precedent-setting decision reversing the district court's dismissal of the case based on enforcement of Boeing's forum selection bylaw. The derivative action ultimately settled on December 14, 2022, along with a companion class action January 13, 2023, which was filed by the Seafarers in Delaware Chancery Court after the district court's dismissal and challenging the bylaw under Delaware law, for corporate governance reforms valued in excess of $100 million and a $6.25 million payment by the Directors' insurers to the Company.
FirstEnergy Shareholder Derivative Litigation
FirstEnergy Shareholder Derivative Litigation (S.D. Ohio; N.D. Ohio): Cohen Milstein represented the Massachusetts Laborers Pension Fund in two shareholder derivative actions against certain officers and directors and nominal defendant FirstEnergy related to the Company’s involvement in Ohio’s largest public bribery schemes. On August 23, 2022, the Court granted final approval of a $180 million global settlement. Law360 ranked this case as one of the top 10 securities litigation settlements in 2022.
Seafarers Pension Plan v. The Boeing Company
On July 8, 2020, Cohen Milstein, on behalf of the Seafarers Pension Plan (the “Seafarers”) and all other similarly situated stockholders of The Boeing Company (“Boeing”), filed a verified class action complaint against Boeing and the current members of its Board of Directors (the “Board”) to challenge a forum selection provision in Boeing’s bylaws (the […]
February 28, 2024
Matterport Stockholders Say Officials Wrongly Cashed $225M
Shareholders of 3D model maker Matterport Inc. accused top company officials in Delaware Chancery Court of self-dealing by paying themselves performance rewards following a 2021 merger, even though the company hadn’t met benchmarks to allow them to cash out $225 million in shares. In a partially redacted derivative complaint made public Tuesday, shareholders Laurie Hanna […]
In the News | Law360
October 20, 2023
Shareholder Suit Filed Against Abbott Laboratories Over Nationwide Baby Formula Shortage
The suit named Abbott as well as the company’s CEO Robert B. Ford, members of its board of directors, and executive level leaders of the company. A 181-page amended shareholder derivative lawsuit has been filed in federal court against Abbott Laboratories by court-appointed lead plaintiffs after the company closed a Michigan infant formula manufacturing facility […]
In the News | ALM/Law.com
October 17, 2023
Cohen Milstein Files Shareholder Derivative Lawsuit Against Abbott Laboratories’ Board of Directors
Litigation related to Abbott’s manufacture, sale, and recall of contaminated infant formula, leading to nationwide infant formula shortage. Chicago, IL – Court-appointed Lead Counsel Cohen Milstein and Scott & Scott filed a consolidated complaint in In re Abbott Laboratories Infant Formula Shareholder Derivative Litigation, a massive shareholder derivative lawsuit brought against Abbott Laboratories’ Board of Directors […]
Press Releases
July 25, 2023
A Victory for Investors Challenging a De-SPAC Transaction
By Amy Miller and Richard A. SpeirsShareholder Advocate Summer 2023 On June 9, 2023, Chancellor Kathaleen St. J. McCormick of the Court of Chancery of the State of Delaware issued a telephonic ruling which largely denied Defendants’ motions to dismiss the complaint in the In re XL Fleet (Pivotal) Stockholder Litigation, C.A. No. 2021-0808-KSJM, allowing […]
Articles
June 12, 2023
Del. Chancellor Denies XL Fleet Class SPAC Suit Dismissal
Most claims in a multicount class suit seeking damages from a take-public deal for special purpose acquisition company XL Fleet Holdings and its principals moved forward Friday after a Delaware Court of Chancery bench ruling that noted similarities to other recent SPAC disputes that survived dismissal. Chancellor Kathaleen St. J. McCormick sent all but one […]
In the News | Law360
December 15, 2022
Cohen Milstein Gets $4.25M For Boeing Investor Settlement
Cohen Milstein Sellers & Toll PLLC will receive $4.25 million of a $6.25 million global settlement they brokered on behalf of investors in aircraft company Boeing who accused the company’s brass of concealing issues with its 737 Max jet, an Illinois federal judge said. In the order, U.S. District Judge Harry D. Leinenweber said the […]
In the News | Law360
September 21, 2022
“Second Circuit,” 2022 Survey of Federal Class Action Law
Amy Miller authored the “Second Circuit” chapter for the American Bar Association’s 2022 Survey of Federal Class Action Law: United States Supreme Court and Circuit-by-Circuit Analysis. The book, produced by the ABA Litigation Section’s Class Actions and Derivative Suits Committee and edited by Elizabeth J Cabraser and Fabrice N Vincent, provides up-to-date analysis of class action […]
Articles
August 30, 2022
“Boeing’s $6.25M Settlement Over 737 Max Gets Initial OK”
An Illinois federal judge gave preliminary approval to a $6.25 million settlement between Boeing and shareholders who alleged in both federal court and the Delaware Court of Chancery that the company failed to properly disclose issues with its 737 Max jet. U.S. District Judge Harry D. Leinenweber on Thursday signed off on the deal, pending […]
In the News | Law360
August 26, 2022
“Boeing Board Pays $6.25 Million to End Litigation Over Bylaw,” Bloomberg Law
Board also agrees to retool controversial forum bylaw Settlement will be paid by insurers into company’s coffers Boeing Co.’s board will pay $6.25 million and amend a controversial company bylaw to end litigation in two courts challenging the aerospace manufacturer’s requirement that certain shareholder lawsuits be heard in Delaware, according to federal court filings in […]
In the News
August 24, 2022
“FirstEnergy’s $180 Million Derivative Settlement Wins Approval”
Deal said to be among largest derivative recoveries Judge not confident higher recovery “realistic” Shareholders of FirstEnergy Corp. won court approval of a $180 million settlement in their derivative litigation against the utility company’s directors. The shareholders have said the settlement is “among the largest derivative recoveries ever achieved” in the US, noted Judge Algenon […]
In the News | Bloomberg Law
July 14, 2022
“KPMG’s $35 Million Deal to End Miller Energy Suit Gets Final Nod”
Class action closed, except for attorneys’ fee allocation Class co-lead counsel ordered to mediation KPMG LLP’s $35 million settlement to resolve a 2016 securities lawsuit claiming its audit failures allowed Miller Energy Resources to misrepresent the value of key Alaskan oil and gas assets won a federal court’s final approval. Click through to read Bloomberg […]
In the News | Bloomberg Law
January 13, 2022
7th Circ. Boeing Ruling Tears Open Forum Rift in Delaware
Boeing shareholders still have an uphill fight ahead after winning a Seventh Circuit ruling that ran right through the crossroads of corporate law and a Catch-22 company bylaw restricting federal derivative claims to Delaware’s Chancery Court, which is barred from hearing them. Experts said the decision last week in Seafarers Pension Plan v. Robert Bradway, […]
In the News | Law360
January 10, 2022
“Split 7th Circ. Says Boeing Can’t Curb 737 Max Derivative Suit”
A split Seventh Circuit panel said Friday that Boeing can’t use its bylaws to prevent shareholders from bringing federal derivative claims alleging its board directors and officers issued false and misleading statements concerning the 737 Max jets in the years leading up to two fatal crashes. The 2-1 appellate panel revived a shareholder derivative suit […]
In the News | Law360
January 7, 2022
“Boeing Investors Get 737 Max Crash Litigation Revived on Appeal”
Seventh Circuit revives case after it was sent to Delaware Boeing bylaw would require waiver of unwaivable claims Boeing Co. and its board must face federal securities litigation in Chicago over claims they misled investors about its 737 Max 8 jetliner before two high-profile crashes that killed 346 people, a federal appeals court ruled Friday, […]
In the News | Bloomberg Law
July 15, 2021
Directors and Officers Face Potential Liability under Section 14(a) for their Roles in Ohio’s Largest Bribery Scheme
On May 11, 2021, in Employees Retirement System of the City of St. Louis v. Jones, No. 2:20-cv-04813, 2021 WL 1890490 (S.D. Ohio May 11, 2021), Chief Judge Algenon L. Marbley of the U.S. District Court for the Southern District of Ohio upheld all claims in a shareholder derivative action seeking to hold certain current […]
Articles | Shareholder Advocate Summer 2021
November 30, 2020
“Boeing Can’t Limit Forum for Shareholder Suits, 7th Circ. Told,” Law360
A Boeing shareholder told the Seventh Circuit during oral arguments Monday that the aerospace giant’s bylaws deprive shareholders of their rights to bring federal derivative claims over allegedly misleading proxy statements made about its 737 Max jets. Seafarers Pension Plan, which has alleged in Illinois federal court that current and former Boeing board members and […]
In the News
October 15, 2020
Delaware Court Says Board Must Properly Monitor ‘Mission Critical’ Compliance Risk
By Amy Miller Investors seeking to hold corporate boards liable for failing to properly oversee “mission critical” operations in highly regulated companies should be encouraged by a recent decision allowing shareholders of a pharmaceutical company to proceed with their derivative lawsuit. On August 24, 2020, in Teamsters Local 443 Health Services & Insurance Plan v. […]
Articles | Shareholder Advocate Fall 2020