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Direct: 801.590.2353

BLAKE D. MILLER

Clients have trusted Blake in high-stakes commercial litigation for over 35 years. Blake works closely with clients to ensure that their goals are achieved, whether those require a court trial, arbitration, mediation, bankruptcy or negotiation.  Blake is a seasoned trial lawyer, having conducted numerous jury and bench trials before federal, state and tribal courts.  He has also participated as lead counsel in several large regulatory hearings before public service commissions. He has successfully represented businesses in bet-the-company cases; reorganized struggling companies, both in bankruptcy and out of court restructures; defended companies from large exposure cases, such as wrongful death; and prosecuted and defended a wide variety of business disputes and torts, including contract, professional liability, trade secrets, real estate, and inter-company disputes. 

In restructuring matters, Blake has represented debtors, debtors-in-possession, creditors, trustees and creditor committees in Chapter 11 bankruptcy cases. He has also been engaged in a number of large out-of-court corporate restructures and dissolutions.

Blake is a frequent lecturer and contributor to legal publications on bankruptcy and litigation issues. He has been selected as one of the Best Lawyers in America in the practice area of Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law. Blake has also been selected as a Mountain States Super Lawyer by Law & Politics Magazine and is a member of Utah’s Legal Elite by Utah Business. He was selected as one of the Top 100 Attorneys in Litigation from the American Society of Legal Advocates. Blake has an AV Preeminent rating from Martindale-Hubbell.

Blake also understands being a client, as a former founder and CEO of several businesses, including O2 Blue, a pioneer in the environmental commodities exchange market.

Education

  • J.D., University of Utah College of Law, 1983

    • Order of the Coif

    • Utah Law Review

  • B.A., summa cum laude, Boise State University, 1980

    • Phi Beta Kappa Honor Society

Admissions

  • Utah, 1983

  • U.S. District Court, District of Utah, 1983

  • U.S. Federal Court, 1983

  • U.S. Court of Appeals, Ninth Circuit, 2017

  • U.S. Court of Appeals, Tenth Circuit, 1990

  • U.S. Supreme Court, 1990

Reported Decisions

  • Perkumpulan Investor Crisis Center Dressel-WBG v. Wong, 2010 WL 3611654 (9th Cir. 2010)

  • Marker v. Pacific Mezzanine Fund, LP, 309 F.3d 744 (10th Cir. 2002)

  • Rich Financial, LLC v. U.S., 2009 WL 87606 (D. Utah 2009)

  • Cody v. Infinia at Show Low, Inc., 2007 WL 2153589 (D. Ariz. 2007)

  • Rupp v. Ayres (In re Fabbro), 411 B.R. 407 (Bankr. D. Utah 2009)

  • In re Tri-L Corp., 65 B.R. 774 (Bankr. D. Utah 1986)

  • Gibbs v. Professional Investors Insurance Group, 2008 WL 5213959 (Bankr. N.D. Tex. 2008)

  • Prinsburg State Bank v. Abundo, 2012 UT 94, 296 P.3d 709

  • Fox v. Park City, 2008 UT 85, 200 P.3d 182

  • Page v. McKeachnie, 2004 UT 65, 97 P.3d 1290

  • Sawyers v. FMA Leasing Co., 722 P.2d 773 (Utah 1986)

  • DCH Holdings, LLC v. Nielsen, 2009 UT App 269, 220 P.3d 178

  • 3D Construction & Dev. v. Old Standard Life Ins. Co., 2005 UT App 307, 117 P.3d 1082

  • For-Shor Co. v. Early, 828 P.2d 1080 (Utah Ct. App. 1992)

Representative Matters

  • Lead trial counsel in numerous construction litigation matters involving projects in excess of $500 million.

  • Successfully defended longstanding business against successor liability claims that threatened company's existence.

  • Lead trial counsel in regulatory hearings over consolidated matter involving interconnection agreements.

  • Served as primary trial counsel in numerous business tort and trade dress cases.

Recognitions

  • Named “Lawyer of the Year” by Best Lawyers for Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law (2021)

  • Recognized among Smith & Naifeh’s Best Lawyers in America in the practice area of Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law

  • Rated as a Mountain States Super Lawyer

  • Rated among Utah Business Magazine's Utah Legal Elite™

  • Listed among the Top 100 Attorneys in Litigation by the American Society of Legal Advocates

  • Martindale-Hubbell® has given Blake its AV Preeminent® rating, signifying that his peers rate him at the highest level of professional excellence

Publications

  • Exhaustion of Trial Court Remedies: Rejecting Bright-Line Rules and Affirmative Action, 71 N.D. L. Rev. 277 (1995)