Marie-Bernarde Miller focuses primarily on business litigation, including employment claims, class action defense, deceptive trade practices claims, contract disputes and title insurance defense. She provides advice and counsel to employers related to employment best practices, internal investigations, preparation of responses to EEOC charges and representation in EEOC mediations. Ms. Miller also serves as Legal Counsel to the Arkansas Judicial Discipline & Disability Commission.

Ms. Miller honed her litigation skills as a Deputy Prosecuting Attorney for Pulaski and Perry Counties, Arkansas in jury and bench trial prosecutions of felony cases. She investigated and prosecuted nursing home abuse and fraud cases as the Deputy Attorney General and Director of the Arkansas Medicaid Fraud Control Unit and as a Special Assistant U.S. Attorney for Health Care Fraud issues in cooperation with the United States Attorney. As Hearing Officer for the Arkansas Department of Human Services, Office of Long Term Care, Ms. Miller heard numerous cases involving alleged violation of nursing home regulations.

Ms. Miller’s civil litigation experience has encompassed coordination and defense of a lawsuit involving claims of interference with business expectancy and violation of the Real Estate Settlement Procedures Act, (Stewart Title Guaranty Company v. American Abstract & Title Co., 363 Ark. 530; 215 S.W.3d 596 (2005), and a series of class actions involving claims of violations of the deceptive trade practices act against a publicly traded national title insurance underwriter. She has represented a national retail department store chain in a series of cases involving racial profiling, including Crutchfield v. Dillard’s, Inc., U.S.D.C. No. 4-02-0074; a national distributor of the popular energy drink, Niagara® (Pfizer, Inc. v. Williams, et al., U.S.D.C. No. 4-01-CV-00210); a subsidiary of a well-known national hunters association involving trademark infringement Arkansas Trophy Hunters Association, Inc. vs. Texas Trophy Hunters d/b/a Arkansas Trophy Hunters Association, Case No. U.S. District Court 2006-5067(2007), a telecommunication company involving claims of interference with business relationship and non-compete agreement issues. Ms. Miller has also argued before the United States Courts of Appeal for the Fifth and Eighth Circuits.

Ms. Miller is respected by her peers, not only for her legal skills, but also for her sensitivity and discretion in addressing high profile matters for the good of the public and the Arkansas Bar when her services have been requested. She served the public when the Arkansas Judicial Discipline & Disability Commission requested that Ms. Miller serve as its Special Counsel in 1999 in successfully prosecuting the removal of the first state court judge in the history of the Arkansas judiciary (Judicial Discipline & Disability Commission v. Morris W. Thompson, Case No. 99-1443 (2000)). Again, in 2000, the Arkansas Supreme Court Professional Conduct Committee requested her service as its Special Counsel in prosecuting the disbarment of President William Jefferson Clinton. Ms. Miller guided that case to a settlement in which President Clinton agreed to accept a five year suspension of his law license and a $25,000 fine, while sitting as President of the United States (Supreme Court Committee on Professional Conduct v. William Jefferson Clinton, Case No. 2000-5677 (2001)).

Ms. Miller is a former Sister of Mercy, and taught American Government, American History and Religious Studies at Mount Saint Mary Academy, Little Rock, Arkansas, the oldest educational institution in continuous operation in Arkansas.

In 2007, Ms. Miller was one of six nominees whose names were submitted to President George W. Bush to fill the position of United States District Judge for the Eastern District of Arkansas.

Education

Bachelor of Arts, Political Science, Maryville College (University), 1975
Juris Doctorate, University of Kansas School of Law, 1983

Professional Activities

Currently, Vice-President and President-elect of Board of Governors, University of Kansas School of Law
Previously served as Parliamentarian and Member of the Board of Governors, Arkansas Bar Association.
Previously served as a member of the Adjunct Law Faculty, UALR William H. Bowen School of Law.

Professional Affiliations

Arkansas Bar Association
American Bar Association
National Bar Association
Judge Henry Woods Inn of Court
Saint Thomas More Society

Professional Designations

United States Supreme Court
United States Court of Appeal for the Fifth Circuit
United States Court of Appeal for the Sixth Circuit
United States Court of Appeal for the Eighth Circuit
United States District Court for the Eastern District of Arkansas
United States District Court for the Western District of Arkansas

Honors & Awards

Notable Practitioner, Business Litigation, 2008 Chambers USA and
2008 Super Lawyers, Corporate Counsel Edition

Recognized in Commercial Litigation in Chambers and Partners' 2007 Edition of
America's Leading Lawyers for Business and in Mid-South Super Lawyers 2007

Walter Hiersteiner Outstanding Service Award, Selected by Faculty, University of Kansas School of Law

Non-Profit Involvement

Center for Women in Transition
Arkansas Symphony Foundation - 2009 Live Auction Committee

Interests

Golf
Travel

PRACTICE AREAS: General Corporate and Commercial Law, Employment Law, Complex Commercial Litigation, Class Actions, and Appellate Advocacy

Marie Bernarde Miller

Seriously Outstanding

only 5% selected each year

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University of Kansas School of Law

Maryville University

Mount Saint Mary Academy