Marshall L. Miller

Marshall L. Miller is a partner at Kaplan Hecker & Fink LLP. He joined the firm from Wachtell, Lipton, Rosen & Katz, after serving as Principal Deputy Assistant Attorney General & Chief of Staff at the U.S. Department of Justice’s Criminal Division and as Chief of the Criminal Division at the U.S. Attorney’s Office for the Eastern District of New York.

Marshall’s practice focuses on working with individuals, corporate executives, boards of directors, and companies to solve their most complex legal problems. He helps clients navigate internal investigations, whistleblower complaints, data breaches, regulatory challenges, and government enforcement actions and prosecutions. He has particular experience and expertise in financial, accounting, anti-corruption, anti-money laundering, and data security and privacy matters, as well as extensive experience trying cases to verdict. In 2019, Who’s Who Legal described Marshall as “widely recognized for his vast experience handling white-collar crime and related regulatory matters.”

At the Department of Justice, Marshall served as the highest-ranking career official in the Criminal Division, overseeing the Department’s most significant criminal matters and highest-profile prosecutions. Marshall supervised over 600 federal prosecutors, as well as the Department’s most important programs and prosecutions, such as its Foreign Corrupt Practices Act program, its Health Care Fraud Strike Force, its Office of International Affairs, and its flagship cybercrime and public corruption units.  Marshall worked to develop and implement the Department’s strategic priorities and policies, including updating and steering its policy on corporate cooperation with DOJ investigations.  Marshall testified on Capitol Hill and provided briefings and counsel to Congressional staff and executive branch officials, with an emphasis on cybersecurity, asset forfeiture, and anti-corruption measures.  Following his departure from the DOJ, Attorney General Loretta E. Lynch lauded Marshall as “an outstanding attorney, a remarkable public servant, and an unwavering advocate for the principles of justice.”

Marshall began his career in public service at the U.S. Attorney’s Office for the Eastern District of New York (“EDNY”), serving as an Assistant United States Attorney for over a dozen years. At the EDNY, Marshall served in a number of leadership roles, including National Security Coordinator, Chief of the Violent Crimes & Terrorism Section, and ultimately Chief of the Office’s Criminal Division. As the EDNY Criminal Chief, Marshall oversaw all of the Office’s criminal prosecutions, including many of the nation’s most significant corruption, cybercrime, corporate fraud, sanctions violations, and international terrorism cases. 

Marshall has received substantial recognition for his work. At DOJ, Marshall received the Attorney General’s Award for Excellence in Furthering the Interests of National Security, the Director’s Award for Superior Performance, and the Federal Law Enforcement Foundation’s Prosecutor of the Year Award. He was awarded the Henry L. Stimson Medal by the New York City Bar Association, recognizing the EDNY’s most outstanding AUSA in the Criminal Division, and the J. Michael Bradford Award, presented by the National Association of Former U.S. Attorneys for the most outstanding performance by an AUSA nationwide.  He is also the winner of a National Intelligence Merit Award, presented by the Director of National Intelligence.  Most recently, Global Investigations Review honored him for delivering the year’s “Best Speech on White Collar Enforcement.”

Marshall is also a thought leader, authoring numerous articles on cybersecurity, regulatory compliance, corruption, and related white-collar issues. His recent publications include:

Cybersecurity & Data Privacy

• FTC Discusses Management and Board Roles as Core Elements of Revised Data Breach Enforcement Model, in Compliance & Enforcement, a blog of NYU Law’s Program on Corporate Compliance & Enforcement (NYU/PCCE Compliance & Enforcement blog), Jan. 10, 2020.
• Vulnerability Disclosure Policies: A Cost-Effective Best Practice for Cybersecurity, in Cybersecurity Law Report, Sept. 25, 2019.
• Planning for a Gathering Storm: Ransomware Preparation and Response, in NYU/PCCE Compliance & Enforcement blog, Sept. 6, 2019.
• U.S. Regulators Impose Record $5 Billion Data Privacy Penalty Against Facebook, Along with $100 Million Penalty for Misleading Market Disclosures, in Harvard Law School Forum on Corporate Governance & Financial Regulation (Harvard Law School Forum), July 29, 2019.
• Preparing for the California Consumer Privacy Act in an Evolving Privacy Landscape, in NYU/PCCE Compliance & Enforcement blog, May 21, 2019.
• State-Level Actors on the Frontlines of U.S. Cybersecurity and Data Privacy Regulation and Enforcement, in NYU/PCCE Compliance & Enforcement blog, Feb. 8, 2019.
• SEC Sanctions Investment Firm for Inadequate Cybersecurity and Identity Theft Prevention Policies, in Harvard Law School Forum, Oct. 12, 2018.
• FTC's Cybersecurity Remedial Authority Limited, in NYU/PCCE Compliance & Enforcement blog, June 14, 2018.
• NIST Releases an Updated Version of its Cybersecurity Framework, in NYU/PCCE Compliance & Enforcement blog, Apr. 24, 2018.
• Maximizing Value and Avoiding Pitfalls when Purchasing Cyber Insurance, in NYU/PCCE Compliance & Enforcement blog, Apr. 11, 2018.

White-Collar & Compliance

• Why Compliance (Still) Matters, in Harvard Law School Forum, July 28, 2019.
• DOJ Issues Updated Guidance on Corporate Compliance Programs, in Harvard Law School Forum, May 14, 2019.
• DOJ Extends FCPA Corporate Enforcement Policy Principles to Non-FCPA Misconduct Discovered in the M&A Context, in NYU/PCCE Compliance & Enforcement blog, Oct. 5, 2018. 
• DOJ Applies Principles of FCPA Corporate Enforcement Policy in Other White-Collar Investigations, Increasing Opportunity for Corporate Declinations, in NYU/PCCE Compliance & Enforcement blog, Mar. 7, 2018.

Crisis & Risk Management

• Risk Management and the Board of Directors, in Harvard Law School Forum, Nov. 20, 2019.
• A Reminder About Corporate Crisis Communications, in Harvard Law School Forum, Mar. 16, 2019.
• Risk Management and the Board of Directors (updated August 2018), in Harvard Law School Forum, Sept. 5, 2018.

Marshall also works to advance the law by serving on numerous legal services, bar association, and legal reform organizations.  He is the Treasurer, Audit & Budget Committee Chair, and a member of the Board of Directors for Legal Services NYC, the nation’s largest civil legal services provider.  He helps lead the New York City Bar Association’s White Collar Criminal Law Committee, serving as the Committee’s Secretary.  He serves on advisory boards at the Center for Court Innovation, which seeks to create a more effective and humane justice system, and the NYU Program on Corporate Compliance & Enforcement, which works to advance understanding of the causes of corporate misconduct and the nature of effective enforcement and compliance.

Marshall previously taught at NYU Law as an Assistant Professor and an Adjunct Clinical Professor and co-founded the EDNY Federal Criminal Prosecution Clinic. He has also taught National Security Law at Fordham University.

Marshall is a graduate of Yale Law School and Yale College. He served as a law clerk to the Honorable Allyne R. Ross of the U.S. District Court for the Eastern District of New York.