Biography

Miles Carlsen is the principal of Carlsen Law Corporation. Mr. Carlsen has extensive experience in all types of complex business dispute resolution. He regularly defends and advises clients in the areas of employment practices, insurance recovery, contractual arrangements of all types, the obligations of corporate officers and directors and internal corporate investigations. Mr. Carlsen also has significant experience handling matters for corporate clients as plaintiffs in significant commercial and policyholder insurance coverage disputes. With his extensive experience, Mr. Carlsen has tried and won many cases, including claims of breach of contract and fraud. He also has considerable experience with provisional remedies. Mr. Carlsen was admitted to the State Bar of California in 1990 and regularly appears in federal and state courts throughout California and elsewhere, in administrative proceedings and in arbitrations and other types of private dispute resolution proceedings. Mr. Carlsen frequently serves as a Special Master appointed by the State Bar of California in connection with various law enforcement investigations throughout Southern California. Mr. Carlsen is admitted as a Foreign Lawyer in New South Wales, Australia.

Education
1990, Vanderbilt University School of Law, J.D.
1986, University of the South, B.A.

Bar Admission
California

Country of Origin
United States

Representative Matters

• Breach of Contract/Fraud - Defended insurance broker against claim by senior sales executive that the company breached an employment contract giving the executive an equity stake in the business; summary adjudication of issues granted on all tort claims including causes of action for fraud and breach of fiduciary duty.
• Corporate Governance - Defended family members against breach of fiduciary duty claims involving interested director transactions and corporate opportunities allegedly diverted to a family partnership.
• Insurance Recovery/Employment - Represented insurance broker in coverage negotiations with EPLI carrier; underlying litigation arose from employee's fraud claims; negotiated payment of defense costs and carrier's contribution on settlement.
• Breach of Employment Contract/Fraud - Defended employer in a 3-week bench trial on fraud claims relating to termination of company's president; recovered $380,000.00 in fees and costs.
• Whistle Blowing - Defended specialty chemical company against claim that it terminated a senior line manager as a result of OSHA "whistle blowing".
• Constructive Termination - Defended medical device manufacturer against claim that it constructively terminated a senior R&D executive.
• Breach of Employment Contract - Defended publicly-traded company against claims that it wrongfully terminated company's president and failed to award stock options.
• Whistle Blowing - Defended publicly-company against claim that it terminated an employee as a result of FDA "whistle blowing".
• Sexual Harassment - Conducted sexual harassment seminars for a 20-employee company involved in brokering the sales of fresh produce.
• Employment Counseling - Provided regular counseling for NASDAQ company's human resource department and its senior line managers regarding wide range of time-sensitive personnel issues.
• Copyright Infringement - Defended jewelry manufacturer in copyright infringement action; case settled for pennies on the dollar.
• Trade Dress Infringement - Represented restaurant franchiser as plaintiff in a trade dress infringement action under the Lanham Act; settlement required defendant to change its trade dress.
• Trademark Counterfeiting - Defended software distributor in a trademark counterfeiting action; case settled for pennies on the dollar.
• Copyright Infringement - Defended videodisk mastering company in a copyright infringement action; case dismissed as a result of plaintiff's discovery abuses.
• Software Development Contract/Y2K - Defended enterprise software developer against claims for breach of Y2K warranty; case dismissed in exchange for waiver of costs.
• Aircraft Acquisition - Defended aircraft broker against claims of fraud and breach of contract in connection with acquisition of a Gulfstream IV; recovered the fee due the broker.
• Insurance Recovery - Represented insurance broker in a declaratory relief/bad faith action against its CGL carrier; underlying litigation arose from a malicious prosecution claim; negotiated Cumis representation and full coverage for the malicious prosecution claim.
• Insurance Recovery - Represented insurance broker in coverage negotiations with its CGL carrier; underlying litigation arose from a trade libel claim; negotiated a defense with favorable reservation of rights and indemnification for fees incurred prior to coverage acceptance; insured ultimately received coverage for settlement of the underlying trade libel claim.
• Breach of Authorship Contract - Represented author as plaintiff in a breach of contract action to enforce authorship and publicity rights; successful applications for TRO and preliminary injunction led to settlement that required the defendant to give plaintiff all authorship and publicity rights required under the contract in addition to a cash payment.
• Unlawful Sale of Real Estate Securities - Defended company principal in a 5-day bench trial on indemnification claims relating to unlawful sales of real estate securities; my cross-examination of the plaintiff led to an extremely favorable settlement on the last day of trial.
• ERISA Fiduciary Liability - Successfully defended MEWA trustees, third party administrators and service providers in ERISA actions by the U.S. Department of Labor and trust beneficiaries alleging breach of fiduciary duty.
• Corporate Governance - Provided regular seminars on the business judgment rule and corporate governance for a NASDAQ medical technology company.
• Software Implementation Project - Defended packaging company in 2-day bench trial on fraud and breach of contract claims relating to failed ERP software implementation; defense judgment.
• Manufacturing Joint Venture - Defended manufacturer in a 3-day bench trial on fraud/partnership claims relating to an overseas manufacturing joint venture.
• Insurance Recovery - Represented non-profit religious organization in coverage negotiations with its first party property insurer; underlying property damage arose from excessive moisture in a gymnasium; developed analysis and successfully argued that the property damage had resulted from a "collapse".
• D&O Liability - Defended thrift directors and officers against RTC/FDIC claims of breach of fiduciary duty and negligence.
• Insurance Recovery - Represented general contractor in coverage negotiations against its CGL (completed operations) carrier; underlying litigation related to construction defects in 4 custom homes; negotiated Cumis representation and full coverage for the underlying construction defect claims.
• Insurance Recovery - Represented coatings manufacturer in declaratory relief/bad faith action against its CGL carrier; underlying litigation related to claims that the insured's plaster product was defective and had caused pitting in the walls of homes in which it was installed; developed multiple occurrence analysis; multimillion dollar verdict against the insurer.
• Trade Secrets - Represented aircraft parts manufacturer in misappropriation of trade secrets case involving former employee.
• Insurance Recovery - Represented professional services firm in bad faith/declaratory relief action on a first party crime coverage claim; firm received a very favorable settlement.
• Sale of Corporation - Represented sole shareholder in his sale of corporation with low-basis commercial rental property as sole asset of the corporation.
• Insurance Recovery - Represented corporation in litigation with its insurer on dual EPLI and crime coverage claims triggered by conduct of a former officer-shareholder; defeated summary judgment motions and negotiated a very substantial settlement with the insurer on the crime coverage claim and full coverage for the EPLI claim.
• Wrongful Termination - Represented defendant employer in litigation with a former officer-shareholder; defeated plaintiff's summary judgment motion which paved the way for a de minimus settlement resolving the matter.
• Insurance Recovery – Represented beneficiary in negotiations under an accidental death policy; case settled for policy limits in response to demand letter.
• Trade Secrets – Represented manufacturing company client against former employees who breached non-solicitation agreement and misappropriated employer’s trade secrets to perform unauthorized after-market service for client’s customers; obtained TRO and preliminary injunction.
• Racial Discrimination – Represented employer in employees’ lawsuit which included claims of racial discrimination under FEHA; court sustained demurrer on second amended complaint without leave to amend.
• Unfair Competition - Represented insurance broker against former employee who breached non-solicitation agreement and misappropriated employer’s customer list to solicit clients for policy renewals; obtained TRO prior to employee filing bankruptcy petition.
• FEHA/Labor Code Violations- Represented Beverly Hills-based retailer in a case involving sexual harassment and wage/hour claims; motion for summary adjudication of issues disposed of most of the causes of action and a week-long trial resulted in 12-0 defense verdicts after 3 hours of jury deliberation.
• Surrogacy Contract - Represented individual in connection with surrogacy center's demand for payment under a surrogacy/IVF contract; defense judgment for the client following 2-day bench trial.