In-House Counsel File: Jilana L. Miller, Epson America, Inc. | Practical Law

In-House Counsel File: Jilana L. Miller, Epson America, Inc. | Practical Law

A profile of Jilana L. Miller, Senior Legal Counsel at Epson America, Inc.

In-House Counsel File: Jilana L. Miller, Epson America, Inc.

Practical Law Article w-000-9612 (Approx. 3 pages)

In-House Counsel File: Jilana L. Miller, Epson America, Inc.

by Practical Law Litigation
Published on 15 Nov 2015USA
A profile of Jilana L. Miller, Senior Legal Counsel at Epson America, Inc.
Education: 1996: J.D., with honors, University of San Diego School of Law; 1992: B.A. (Philosophy), cum laude, University of Southern California.
Career in Brief: 2007–present: Epson America, Inc., Senior Legal Counsel; 2006–2007: The Ryland Group, Inc., Assistant General Counsel (Litigation Manager); 2000–2006: Heller Ehrman White & McAuliffe, LLP, Associate.
Location of Company HQ: Long Beach, California.
Primary Industry Sector: Consumer Electronics.
Law Department Location: Long Beach, California.
What is the total number of attorneys in the company worldwide, and how many focus on litigation? Epson America employs four attorneys for North America and Latin America, including myself. Two attorneys handle litigation, although the majority of litigation issues are my responsibility.
Where does litigation fall within the organizational structure? The legal department reports to the General Counsel and Vice President of Legal Affairs, who reports directly to the Chief Executive Officer.
What is keeping your department's attorneys the busiest at the moment? We are constantly making slight shifts in priorities depending on the demands of the business and changes in the legal landscape. Currently, we have a number of active intellectual property (IP) and brand protection matters. In many companies, IP and brand protection are handled by a separate department. At Epson America, these matters are handled by the legal department with support from the IP Division at our parent company.
How typical or unique is the scope of responsibilities for the company's attorneys? The attorneys in our department handle a broad scope of responsibilities. Each attorney is responsible for supporting a product group and handling any issues that arise for that group. Additionally, each attorney has expertise in particular subject matter areas, such as privacy and data security or import and export issues. Once an issue rises to the level of litigation or is clearly moving in that direction, regardless of subject matter, I handle it.
What types of issues will cause you to turn to outside litigation counsel? We engage outside counsel in all litigation matters. We actively manage those matters and often handle select aspects of the litigation in-house.
What three things does a law firm need to do to impress you? First, know the consumer electronics industry and the unique aspects of our business that may be impacted by a litigation. Often, gaining that industry-level understanding is not a priority for a law firm attorney mired in the day-to-day demands of litigation. However, it can mean all the difference to in-house counsel charged with making the best strategic decisions for the company.
Second, manage the litigation and its budget in a manner that is consistent with the litigation's importance to the business. A skilled attorney can demonstrate at the outset how she will manage the case and set strategic priorities within a budget.
Finally, I appreciate clear and precise advice. Attorneys often struggle with providing clear guidance without caveats and disclaimers, but business clients demand straightforward, practical advice. Clear responses demonstrate that an attorney is attuned to our business interests and has the confidence and experience to provide appropriate direction.
Can you describe the career path that led you to become an in-house litigation counsel? One of the aspects I enjoyed most as outside counsel was putting the client's business interests and priorities into a broader context than the specific matter I was handling on their behalf. When a partner I worked with closely left the firm to become a client's general counsel, he encouraged me to make a similar move.
At the time, my practice focused on antitrust and product liability litigation and I represented one manufacturer whose product was used in residential construction. I used that experience to forge a path to my first in-house position, as a litigation manager with a publicly traded, nationwide residential builder.
If not an attorney, what would you wish to be? A college professor.
What one piece of advice would you give to prospective in-house litigation counsel? Start working on business skills and knowledge now, instead of exclusively focusing on legal risks and specific rules. As an in-house attorney, although you will need to understand those risks and rules, it is more important to understand how to balance risks against benefits and provide practical advice to the business.