Hatch-Miller is part of the plaintiffs’ teams representing Nasdaq, Inc. and related entities in patent litigation against the IEX exchange, and in patent and trade secrets litigation against the MIAX exchange, both cases pending in the United States District Court for the District of New Jersey.
Hatch-Miller is part of the defense team representing Globus Medical, Inc. in an indirect patent infringement case pending before the United States District Court for the Eastern District of Pennsylvania.
Hatch-Miller is part of the plaintiffs’ team representing a proposed class of member-shareholders in CME Group, Inc. (“CME”) and its subsidiary, The Board of Trade of the City of Chicago, Inc. (“CBOT”). The lawsuit, which is pending in the Circuit Court of Cook County, Illinois, alleges that CME and CBOT breached their obligations under their respective corporate charters with respect to the exchanges’ Globex electronic trading platform. Additional information about the case is available here.
Hatch-Miller is part of the defense team representing online advertising firm Selling Source, LLC in several New York Supreme Court Commercial Division cases arising from a 2010 acquisition, as well as in related appeals pending before the First Department. He previously represented the company in an arbitration regarding the equity earn-out provision in the underlying acquisition contract, in which he helped obtain a final and binding ruling rejecting 93% of the plaintiff’s claims and ordering plaintiff to reimburse virtually all of Selling Source’s arbitrator fees.
Until 2017, Hatch-Miller was part of the plaintiffs’ team representing the world’s largest retailer in a contract lawsuit against Visa USA Inc. in the New York Supreme Court’s Commercial Division, as well as in antitrust litigation against the same defendant pending in the United States District Court for the Eastern District of New York. The cases settled on confidential terms.
Until 2017, Hatch-Miller was part of the defense team representing Globus Medical, Inc., in trade secrets matters before the United States District Court for the Eastern District of Pennsylvania and the United States District Court for the Eastern District of Texas. The cases settled on confidential terms before a scheduled Eastern District of Texas bench trial.
Until 2017, Hatch-Miller was part of the plaintiffs’ team representing an individual plaintiff in a bellwether case in the In re General Motors LLC Ignition Switch multi-district litigation, currently pending before the United States District Court for the Southern District of New York. The case settled on confidential terms before trial.
In 2016, Hatch-Miller served as pro bono counsel for plaintiff Pedro Nieblas-Love in an employment case against the New York City Housing Authority before the United States District Court for the Southern District of New York, including in a mediation that resulted in a confidential pre-trial settlement.
Until 2016, Hatch-Miller was part of the plaintiffs’ team representing American Capital, Ltd. and its portfolio company, Cambridge Major Laboratories, Inc., a Wisconsin-based pharmaceutical manufacturer, in a fraud and breach-of-contract case against Cambridge Major Laboratories’ former owners before the New York Supreme Court’s Commercial Division. The case settled on confidential terms before depositions began.
In 2016, Hatch-Miller represented medical device manufacturer Globus Medical, Inc. in a special proceeding in the United States District Court for the Eastern District of Pennsylvania, and won a motion to quash broad document and deposition subpoenas served by the plaintiff in a United States District Court for the Eastern District of Texas patent infringement case against one of Globus’s competitors, Medtronic, Inc. Read more here.
Until 2015, Hatch-Miller represented Pacific Life Funds and OppenheimerFunds mutual funds as opt-outs from a securities fraud class action against American International Group, Inc., arising from AIG’s misstatements and omissions to investors leading up to its 2008 bailout.
In 2015, in Oak Hill Capital Partners, LP v. Cuti (650667/2015), Hatch-Miller helped secure a stay of arbitration from the New York Supreme Court’s Commercial Division on the ground that Oak Hill was not a party to the underlying arbitration agreement.
In 2014, Hatch-Miller helped secure a $10.8 million cash settlement (net of fees, expenses, and administrative costs) for the class in a price-fixing case against Coach USA Inc. and City Sights LLC, providers of “hop-on, hop-off” double-decker bus tours of New York City, In re NYC Bus Tour Antitrust Litigation, No. 13-CV-711 (S.D.N.Y.). Read more here.
Until 2014, Hatch-Miller represented plaintiff UrbanDaddy, Inc., a New York-based digital media company, in a breach of contract and misappropriation of trade secrets case against Gannett Co. and its USA Today brand before the New York Supreme Court’s Commercial Division.
In 2013, Hatch-Miller represented and won summary judgment for auto parts manufacturer Sensata Technologies, Inc., in a product liability case before the Nassau County branch of the New York Supreme Court.
In 2013, Hatch-Miller briefed and argued a fraudulent conveyance appeal before the United States Court of Appeals for the Second Circuit, in the case of In re: M. Fabrikant & Sons, Inc., No. 12-4335-cv (2d Cir.).
In 2010, as a member of the Yale Supreme Court Advocacy Clinic, Hatch-Miller helped to secure a 6-3 victory for an indigent criminal defendant in a case before the United States Supreme Court. Hatch-Miller had previously worked on the defendant’s successful petition for certiorari. The Supreme Court’s published decision in the case can be accessed here: Carr v. United States, 130 S. Ct. 2229 (2010).