Mioko is an experienced litigator representing individuals and entities in litigation, arbitration, and mediation involving a broad range of issues, including attorney professional liability, fiduciary duties, breach of contract, contested accountings, employment disputes, and intellectual property disputes.
Mioko is committed to achieving cost-effective solutions where appropriate by settling disputes pre-litigation — but has the requisite skills and experience to handle cases from beginning to end, including trials and appeals. Mioko is also a native Japanese speaker and routinely provides counsel to Japanese individuals, Japanese companies, and US subsidiaries of Japanese companies in various legal matters both in and out of the courtroom, including serving in an outside general counsel role for a retail hospitality client.
Before joining Elman Freiberg, Mioko practiced for almost 19 years at an esteemed New York City commercial litigation boutique. Mioko is also a founding member of the Japanese American Lawyers Network.
Selected Experience
- Defending AmLaw 100 firm against legal malpractice claim arising from alleged failure to advise on the applicability of “bad actor” disqualification rule under SEC regulations.
- Representing an estate and charitable foundation asserting breach of fiduciary duty and surcharge claims against trustees for hundreds of millions of dollars.
- Representing a beneficiary in a significant estate and trust dispute regarding complex assets.
- Defended a top mid-sized law firm in a $45 million legal malpractice claim and obtained a beneficial settlement.
- Successfully averted a motion for expedited hearing and obtained a stay of action in Delaware Chancery Court in an action filed by client’s lender.
- Obtained denial of preliminary injunction and dismissal of proceeding filed by a co-member of an LLC seeking judicial dissolution, among other claims.
- Defended building owner in suit brought by artists claiming protection under the Visual Artists Rights Act in a three-day preliminary injunction hearing and three-week federal jury trial.
- Obtained dismissal of claim for breach of loan commitment brought by developers against a bank after a three-week bench trial and won affirmance by the Second Department following oral argument.
- Won pre-answer motion to dismiss of employment-discrimination complaint against foreign parent of US subsidiary alleging single-employer doctrine.
- Obtained reversal of lower court’s denial of summary judgment on behalf of judgment-creditor/landlord seeking recovery of escrow funds in interpleader action.