MarisaB.
Miller

Co-Leader, Business Trial Practice Group
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Marisa Miller

Overview

Marisa Miller is a seasoned commercial litigator who represents businesses throughout the United States in high-stakes, complex disputes. She is a tireless advocate for her clients and has decades of courtroom experience, having served as lead counsel in state and federal cases across the country. Marisa is co-leader of the firm's Business Trial practice group.

With experience spanning the full spectrum of business disputes—including contracts, trade secrets, corporate governance, business tort and fraud claims—Marisa represents companies on a national basis and handles U.S. matters for international companies, including recent representations of Canadian and European companies with U.S. operations.

Her clients range from private equity firms and their portfolio companies to public and private companies across industries. In addition to serving clients in the software, manufacturing, and real estate industries, Marisa has developed particular expertise advising companies in the construction, energy, and healthcare sectors.

Marisa represents the key players in the construction lifecycle—lenders, owners, developers, contractors, and design professionals—guiding matters from active project counseling through arbitration and trial. She handles complex disputes involving high-rise projects, healthcare facilities, residential homes, wind and solar facilities, power and manufacturing plants, and other major infrastructure projects.

She also advises energy and healthcare clients in high-stakes contract and business tort disputes, internal investigations, and litigation strategy, including matters for utilities, developers of renewable projects, software/AI companies, hospital developers, and behavioral health networks.

In addition to actively litigating, Marisa advises clients regarding litigation prevention and non-litigation remedies. She frequently develops pre-litigation strategies that lay the groundwork for favorable outcomes—preparing for potential litigation while still leaving open the possibility of negotiated solutions.

As a Cuban American, Marisa actively participates in the firm's Diversity and Inclusion Attorney Network and was selected as the firm's 2018 fellow for the Leadership Council for Legal Diversity.

Marisa is active in the community and serves as Board Chair of Big Brothers Big Sisters of San Diego County. In her free time, she enjoys spending time with her husband, twin teenage daughters and two dogs and exploring the outdoors with her family.

Experience

Representative Matters

  • Represent real estate developer in claims against the general contractor arising from the construction of an urban high-rise mixed use building.
  • Counsel to owner and operator of wind generating facilities in disputes against the manufacturer of wind turbines.
  • Represent a general contractor in litigation against multiple homeowners arising from residential construction disputes.
  • Represented a transportation technology company in litigation against a general contractor in connection with the construction of a manufacturing plant.
  • Represent an engineering firm in connection with the pursuit of delay, disruption and scope change claims relating to the California Highspeed Railway Project.
  • Represent a healthcare provider in connection with claims against the general contractor and the design team arising out of the design and construction of a psychiatric hospital.
  • Represent a privately-held food and beverage company in an ownership dispute involving contractual, fraud, and breach of fiduciary duty claims.
  • Represent a biotechnology company in a federal lawsuit and private arbitration involving claims of trade secret misappropriation and patent infringement.
  • Represent a Major League Baseball organization in contractual disputes arising from leases and construction contracts.
  • Represent a natural gas and electric utility in a lease dispute involving a decommissioned power generation plant and its cooling water tunnels.
  • Advise a natural gas and electric utility regarding franchise issues.
  • Secured a favorable settlement on the eve of trial for a California utility in a high-stakes commercial dispute concerning the administration of a request for proposal for resource adequacy and power generation in San Diego.
  • Advise private investment management firms with respect to wildfire litigation issues in California.
  • Represented a California utility in a multi-billion dollar international arbitration and related regulatory matters arising from claims of defective design of steam generators installed in a nuclear power plant.
  • Secured dismissal of a billion-dollar breach of contract and unfair competition claim for a majority shareholder of a Peruvian utility.
  • Secured a favorable settlement for a utility in connection with a dispute with another utility regarding certain administrative and general accounting costs with respect to the operation of a nuclear power plant.
  • Advised an energy services holding company and its subsidiary utility in the defense of 20 lawsuits alleging tort and inverse condemnation claims arising from property damage as a result of the 2008 Sesnon wildfire.
  • Represented an energy services holding company and subsidiary utility in defending mass tort and inverse condemnation claims filed by thousands of plaintiffs in excess of $1 billion arising from 2007 San Diego wildfires.
  • Secured a favorable settlement of construction defect and fraud claims for a diversified real estate company.
Credentials
Clerkships

Extern to the Honorable Amy St. Eve, Northern District of Illinois

Education

J.D., Northwestern University School of Law, 2006, Northwestern University Law Review, Associate Editor; Dean's List; Kirkland & Ellis Diversity Fellowship Recipient, 2005

B.A., Philosophy, Politics and Economics, University of Pennsylvania, 2002

Admissions

California

Illinois

U.S. District Court for the Southern District of California

U.S. District Court for the Northern District of Illinois

U.S. Court of Appeals for the Seventh Circuit

Honors

Stand-Out Lawyer, Thomson Reuters, 2026

Best Lawyers in America, Best Lawyers, 2025-2026

Woman of Influence in Law, San Diego Business Journal, 2023-2024

Woman of Influence in Construction, San Diego Business Journal, 2023-2024

Top Leader in Law, San Diego Business Journal, 2022

2018 Fellow for the Leadership Council on Legal Diversity

Legal 500, Real Estate and Construction Litigation, 2019, 2024

Legal 500 Recommended Lawyer 2024
Memberships

Board Chair, Big Brothers Big Sisters of San Diego County

ChIPs

California Lawyers Association – Business Law and Litigation Sections

Minority Corporate Counsel Association

California Minority Counsel Program

Association of Women in Water, Energy and Environment

Leadership Council on Legal Diversity

Association of Business Trial Lawyers

Lawyers Club of San Diego

J. Clifford Wallace American Inn of Court

Thought Leadership

Speaker, “ESI Negotiation,” San Diego, CA, May 2022

Speaker, “COVID-19’s Impact on the Energy Industry,” San Diego, CA May 2020

Speaker, "Fundamentals of Taking Depositions," Mastering the Deposition in CA, June 2019

Speaker, “The Broad Implications of Public Utilities Code Section 2106,” San Diego, CA, May 2019, and Los Angeles, CA, June 2019

Speaker, “The New Abnormal: Recent Legal Developments Affecting Wildfire Liability,” San Diego, CA, April 2019

Speaker, "Fundamentals of Law and Motion Practice," Los Angeles, CA, January 2019

Speaker, "Fundamentals of Law and Motion Practice," Los Angeles, CA, February 2018

Speaker, "Legal Ramifications of Natural Disasters – Lessons Learned from Litigation and Emergency Response to Natural Gas Leaks and Wildfires," ACI's Third Annual Women Leaders in Environmental & Energy Law, New Orleans, LA, 2017

Speaker, "Strategies for Defending Against Wildfire Litigation," Portland, OR, June 2016

Speaker, "Limitations of Liability in Commercial Contracts," San Diego, CA, February 2016

Moderator, "State Storage Initiatives, Challenges and Opportunities," Energy Storage Week 2016, San Diego, CA, January 2016

Pro Bono
Marisa has extensive pro bono experience, including representing indigent defendants in immigration and criminal cases. She successfully argued an appeal before the Seventh Circuit and drafted the first successful motion under the federal Innocence Protection Act, securing client access to DNA testing.