Betsy A. Miller is a partner at Cohen Milstein and chair of the Public Client practice. She represents state attorneys general and political subdivisions in civil law enforcement investigations and litigation involving consumer protection, Medicaid fraud, and other areas of enforcement that protect government interests and vulnerable communities. She currently represents the states of Indiana, New Jersey and Vermont in the national opioid crisis litigation against manufacturers and distributors of prescription narcotics.
For her accomplishments and continued work in high-stakes matters, Ms. Miller has been honored on several occasions by industry peers, including Lawdragon 500, which recognizes “the best of the best” in the U.S. legal profession, The National Law Journal and The Trial Lawyer, which have identified Ms. Miller as one of America’s “50 Most Influential Trial Lawyers,” and The National Law Journal, which named Ms. Miller as one of nine women in the nation to its inaugural list of “Elite Women of the Plaintiffs’ Bar.”
Prior to joining Cohen Milstein, Ms. Miller served as the Chief of Staff and Senior Counsel to the Attorney General for the District of Columbia. Her responsibilities included supervising an office of 700+ employees and serving as the lead lawyer for the historic transition of the D.C. Public Schools under Mayor Adrian Fenty and Chancellor Michelle Rhee.
Earlier in her career, Ms. Miller served as Nominations Counsel for Senator Patrick J. Leahy (D-VT) on the Senate Judiciary Committee, where she was responsible for handling confirmation hearings on presidential nominations to the federal judiciary, the Department of Justice, the Federal Bureau of Investigation, and to the Offices of the United States Attorneys.
Ms. Miller also spent eight years as a litigator for two premier defense firms, where she represented some of the nation’s largest companies and individuals in matters including First Amendment issues, complex commercial disputes, collective bargaining negotiations and arbitration, employment class actions and challenges to independent contractor classification. Her civil defense experience adds to Ms. Miller’s deep and balanced litigation skillset.
Ms. Miller’s public (non-confidential) representations include:
- Grubhub and DoorDash Litigation: Representing the City of Chicago in its litigation against Grubhub and DoorDash for pervasively deceptive and unfair business practices that take advantage of restaurants, consumers, and drivers. Click here to view the lawsuit filed against DoorDash; click here to view the lawsuit filed against Grubhub.
- Uber Eats, Postmates Investigation: Represented the City of Chicago in its investigation into UberEats and Postmates for allegedly listing Chicago restaurants on their platforms without the eateries' consent, for violating the City's emergency fee cap ordinance during the COVID-19 pandemic, and for other false advertising-related misconduct. On December 5, 2022, the City announced a $10 million settlement.
- Opioid Painkillers: Representing the states of Indiana, New Jersey and Vermont in investigations and litigation against entities responsible for the deceptive marketing and sale of opioids.
- Moody’s Litigation: Represented the co-lead state (Mississippi) and New Jersey in the $864 million consumer fraud settlement achieved in January 2017 by 22 states and the U.S. Department of Justice with Moody’s Corporation, Moody’s Investors Service, Inc., and Moody’s Analytics, Inc.
- S&P Litigation: Represented co-lead state (Mississippi) in the $1.375 billion-dollar consumer fraud settlement achieved in 2015 by 20 states and the U.S. Department of Justice with Standard & Poor’s. Together with the Moody’s settlement, these cases against the nation’s two largest credit rating agencies produced key industry reforms that provide greater transparency for consumers and that divested the credit rating agencies of more than $2.2 billion for their conduct contributing to the national housing crisis and Great Recession.
Ms. Miller’s other investigation and litigation successes include matters in the financial, health care, and employment law sectors. Examples include:
- Representing the states of Arizona and Nevada in litigation against Bank of America for deceptive conduct in connection with servicing approximately 500,000 mortgages; resulting in financial payments to consumers and the states, commitments to mortgage modifications, and other equitable relief valued at nearly $1 billion.
- Representing the state of Montana in an investigation of a Fortune 100 company regarding alleged misclassification of employees as independent contractors; resulting in a multimillion-dollar resolution for the state.
- Representing other state attorneys general and municipalities in numerous confidential investigations and settlements.
In 2022, Harvard Law School invited Ms. Miller to serve as a Lecturer on Law, Advanced Negotiations - Polarities: The Power of "Both/And" Law and Leadership, which addresses the finer dynamics of advocacy and leadership skills in the practice of law and engaging sophisticated clients (and teams) in complex negotiations and problem solving. In addition, Ms. Miller has taught intensive negotiation courses at Harvard Law School’s Program on Negotiation (PON) (a consortium program of Harvard University, Massachusetts Institute of Technology, and Tufts University) (formerly Harvard’s Program of Instruction for Lawyers) and has provided negotiation skills training for a wide variety of federal and state government agencies, law firms, corporations, and non-profit organizations. In addition, Ms. Miller served as an Adjunct Professor at Georgetown Law School (2001 - 2014), where she taught seminars on negotiation and mediation strategy. She also holds Executive Certificates in both Leadership Coaching and Navigating Polarities: Leading and Coaching in a Complex World from Georgetown University’s Institute for Transformational Leadership (ITL) and is a member of the International Coach Federation (ICF).
Ms. Miller has authored several articles, including, “Untapped Potential: Creating a Systematic Model for Mediation Preparation,” which appears as Chapter 13 in the AAA Handbook on Mediation – Third Edition (2016), and she has been acknowledged for her work in the area of leadership coaching, including in Navigating Polarities: Using Both/And Thinking to Lead Transformation by Brian Emerson and Kelly Lewis (Paradoxical Press, 2019).
Ms. Miller speaks nationally on the practice of law and issues of significance for state attorneys general and other government entities. She is also in high demand as a speaker on negotiation and resolution strategy, leadership, team dynamics, and change management. The development of women leaders is an area of particular focus within these presentation topics. Ms. Miller’s thought leadership has been profiled extensively, including by Above the Law, The American Lawyer, Law360, National Law Journal, Thomson Reuters Legal Executive Institute, among others.
Ms. Miller earned her undergraduate degree in Comparative Literature from Dartmouth College, graduating magna cum laude and Phi Beta Kappa, and earned her law degree from Harvard Law School, where she was an editor on the Harvard Human Rights Journal and the Harvard Latinx Law Review. She is the recipient of Harvard Law School’s Heyman Post-Grad Fellowship for federal government service and academic excellence and of Harvard Law School’s Irving R. Kaufman Public Interest Fellowship for public service. Immediately after graduating from Harvard, she clerked for the Honorable Thomas Penfield Jackson in the U.S. District Court for the District of Columbia.
Ms. Miller's speaker biography can be accessed here: https://bit.ly/3lpcYuo.
- Lecturer, Harvard Law School, Law and Advanced Negotiations - Polarities: The Power of "Both/And" Law and Leadership, 2022 - present
- Adjunct Professor, Georgetown Law School, Negotiations and Mediation, 2001-2014
- Chief of Staff and Senior Counsel to the Attorney General for the District of Columbia, 2007-2008
- Nominations Counsel, U.S. Senate Committee on the Judiciary, 2001-2002
- Mediation Advocacy & Negotiation/Settlement Skills Training for Federal and State Agencies, Private Corporations and Educational Institutions
- Pro-bono leadership coaching for select individuals, teams and organizations
- Steering Committee, ARK Women's Legal Summit, 2022
Member, ABA Women Rainmakers Committee, 2021-present
Co-Chair, Women’s Leadership Forum – National Trial Lawyers Summit, 2020-present
Executive Board Member, National Trial Lawyers, 2019-present
- Certified Leadership Coach, International Coach Federation, 2017-present
- Guest Lecturer, Harvard Law School, 2010, 2019
- Consultant, Fisher, William W. & Martha A. Field, Legal Reform in Central America: Dispute Resolution & Property Systems, John F. Kennedy School of Government, Harvard University, 1998-2000
- Consultant, Harvard Negotiation Institute, 1998-1999
Uber Agrees to Pay $10 Million for Listing Chicago Restaurants Without Their Consent, Charging More Than Allowed, MarketWatch
“Plaintiffs Bar Leaders Feeling Pressure to Make Deeper Diversity Improvements,” The National Law Journal
“Chicago Seeks Restaurants Stories Detailing Experiences with DoorDash, Grubhub, and Uber Eats,” EATER
“Editorial: Grubhub, DoorDash Racket Needs Reform. The City of Chicago Was Right to Sue,” Chicago Tribune Editorial Board
City of Chicago Files Consumer Protection Lawsuits Against DoorDash and Grubhub for Engaging in Deceptive and Unfair Business Practices
“DoorDash and Grubhub Sued by City of Chicago, Which Alleges Deceptive Fees and Predatory Practices,” MarketWatch
“Chicago Sues Grubhub and DoorDash for Allegedly Scamming Basically Everyone: Restaurants, Drivers, and Customers,” EATER
“City of Chicago Sues Food Delivery Services Grubhub and DoorDash for Alleged Deceptive Practices During Pandemic,” Chicago Tribune
“Scaling Feedback to Fuel Growth: Betsy Miller & Tory Nugent of Cohen Milstein,” Thomson Reuters Legal Executive Institute
“Use the Coaching Mindset to Drive Growth: Betsy Miller & Tory Nugent of Cohen Milstein,” Thomson Reuters Legal Executive Institute
“AG Curtis Hill Files Lawsuit Against Three Opioid Distributors,” Indiana Office of the Attorney General