Mark Hatch-Miller
Partner
New York Office Phone: (212) 336-8332 Email Download vCard Print Bio to PDF
Education
  • Wesleyan University, B.A. with Honors in History
  • University of Chicago Law School (Transferred)
  • Yale Law School, J.D.
Judicial Clerkship

The Honorable Mark R. Kravitz, United States District Court for the District of Connecticut

The Honorable Reena Raggi, United States Court of Appeals for the Second Circuit

Mark Hatch-Miller
Partner

Mark Hatch-Miller, a partner in Susman Godfrey’s New York City office, has amassed an impressive record of court and arbitration appearances. Since joining the firm, he has had stand-up roles in three jury trials, a bench trial, and a AAA arbitration. He has also appeared and argued before state and federal courts in California, Illinois, New York, Pennsylvania, and Texas, as well as before the United States Court of Appeals for the Second Circuit. Super Lawyers (published by Thompson Reuters) has recognized him as a “Rising Star” in the area of general litigation for the New York Metro Area every year since 2014. In 2019 and 2020, Benchmark Litigation named him to its “40 & Under Hotlist.”

Hatch-Miller graduated from Yale Law School, where he won the top team prize in the moot court competition, and helped the Supreme Court Clinic win reversal of a criminal conviction from the Supreme Court of the United States. Before joining Susman Godfrey, he clerked for distinguished judges on the United States District Court for the District of Connecticut and the United States Court of Appeals for the Second Circuit.

Trials and Arbitrations

In 2017, Hatch-Miller was part of the plaintiff’s team that secured a winning jury verdict for Westlake Chemical Corporation. The jury ruled in Westlake’s favor on all three of its asserted contract provisions, awarded more than $4.5 million to Westlake, and reduced $15 million in alleged counterclaims to approximately $1.2 million. Westlake brought the case to recover damages incurred following a series of contractor safety issues, including a fatality. The verdict in Westlake’s favor was affirmed on appeal, with the verdict for the defendant on the counterclaims reversed. The defendant’s petition for Texas Supreme Court review is pending.

In 2016, Hatch-Miller was part of the defense team that won a no-liability jury verdict for medical device manufacturer Globus Medical, Inc., in a patent infringement case before the United States District Court for the Eastern District of Texas. Hatch-Miller also helped obtain several key pre-verdict wins, including a partial grant of summary judgment, two granted Daubert motions, and a grant of judgment as a matter of law on the issue of willfulness. The jury trial lasted one week. Read more here. After this win, Hatch-Miller co-wrote an article for The Corporate Counselor (an ALM Publication) about the firm’s experience trying the case. Click here to read that article (at page 9). Hatch-Miller also represented Globus in the appeal before the United States Court of Appeals for the Federal Circuit.

In 2015, Hatch-Miller represented a biopharmaceutical start-up defendant in a breach of contract arbitration before the International Centre for Dispute Resolution, the international arm of the American Arbitration Association. The arbitration hearing on liability lasted one week; the case settled on confidential terms prior to a second scheduled arbitration hearing on damages.

In 2014, Hatch-Miller was part of the defense team representing Sam Wyly and the Estate of Charles Wyly in what Reuters described as one of the largest SEC cases ever to reach trial. The jury trial on liability before the United States District Court for the Southern District of New York lasted five weeks; a subsequent damages bench trial lasted one and a half weeks. Hatch-Miller was co-counsel for the defendants in the appeal to the United States Court of Appeals for the Second Circuit. Read more here.

Other Representations

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 plaintiffs’ team representing Jane Petty, ex-wife of the recording artist Tom Petty, in a putative class action against Universal Music Group, Inc. in the United States District Court for the Central District of California, seeking damages related to a June 1, 2008 warehouse fire on a Universal Studios Hollywood backlot.

Hatch-Miller is part of the plaintiffs’ team representing Nasdaq, Inc. in trade secrets litigation against the MIAX exchange 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 a patent infringement case before the United States District Court for the Western District of Texas.

Hatch-Miller is part of the defense team representing online advertising firm Selling Source, LLC in pending New York Supreme Court Commercial Division litigation arising from a 2010 acquisition. He has also represented Selling Source in prior New York Supreme Court matters, including appeals 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 2020, Hatch-Miller was part of the plaintiffs’ teams representing Nasdaq, Inc. and related entities in patent litigation against the IEX exchange in the United States District Court for the District of New Jersey. The case settled on confidential terms.

Until 2019, Hatch-Miller was part of the defense team representing Globus Medical, Inc. in an indirect patent infringement case before the United States District Court for the Eastern District of Pennsylvania. The case settled on confidential terms before summary judgment briefing.

In 2018, Hatch-Miller was part of the team representing a claimant in a confidential earn-out arbitration before a public accounting firm. The case settled on confidential terms after the submission of final briefing to the arbitrator.

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 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).

Honors and Distinctions
  • Named to the “40 and Under Hot List” by Benchmark Litigation, 2019, 2020
  • Super Lawyers Rising Star, New York Metro Area, 2014 – 2019 (Published by Thomson Reuters)
  • Joseph Henry Beale Prize for Outstanding First-Year Legal Writing, University of Chicago Law School
  • Potter Stewart Prize for Best Overall Written and Oral Argument, Morris Tyler Moot Court of Appeals, Yale Law School
Professional Associations and Memberships

Admitted to practice before New York State Courts, the United States District Court for the Southern District of New York, the United States District Court for the Eastern District of New York, the United States Court of Appeals for the Second Circuit, and the United States Court of Appeals for the Federal Circuit.

Federal Bar Council, First Decade Committee Member

Federal Bar Council American Inn of Court, Associate Member