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Michael B. Miller

Miller, Michael B.

Partner

New York, (212) 468-8009

Education

Brown University (A.B., 1987)
University of California, Berkeley, School of Law (J.D., 1990)
King's College, University of London (P.G.Dip., EC Competition Law, 1997)

Bar Admissions

New York

Clerkships

Hon. David Thompson, U.S. Court of Appeals, Ninth Circuit (1990-1991)

Michael Miller is regularly called on to help clients overcome complex litigation challenges in both federal and state courts and in regulatory proceedings. His practice includes all aspects of complex antitrust, privacy, financial services and commercial litigation. Mr. Miller also frequently counsels clients on related issues.

Recent cases have included representation of a large U.S. bank in several different U.S. antitrust cases (including several class actions) arising out of credit card issuance and related industries; a prominent information-services firm in multiple large class actions brought under the Fair Credit Reporting Act (FCRA) and related statutes across the country; a prominent consumer products manufacturer in antitrust litigation; a large U.S. bank in a series of putative class actions regarding privacy law; a U.S. bank in pending antitrust investigations by federal and state regulators; a number of financial services companies in investigations initiated by the Consumer Financial Protection Bureau and the New York Department of Financial Services; a large auto parts manufacturer in class action Robinson-Patman Act litigation; an international consumer goods conglomerate in Robinson-Patman Act litigation; a European private bank and others in proceedings arising out of the Madoff matter; Lord Jacob Rothschild and several publicly traded English investment trusts in the New York Commercial Division; and a large European bank in U.S. antitrust litigation arising out of currency exchange services.

Mr. Miller is currently a member of the Trade Regulation Committee of the Bar of the City of New York and he speaks and writes frequently on a range of litigation, competition and privacy law matters. He is a former member of the Long Range Planning Committee of the ABA Antitrust Section and was formerly chair of the Section’s Corporate Counseling Committee and editor of The Antitrust Counselor. Mr. Miller is recommended by Legal 500 and Best Lawyers in America.

Mr. Miller graduated magna cum laude, with honors, from Brown University. He is a member of Phi Beta Kappa, and received a Randolph G. Rouse Prize in Economics and the Taubman Prize in Public Policy. During law school, he was the articles editor of the California Law Review and was elected to the Order of the Coif. Mr. Miller has a Post-Graduate Diploma in EC Competition Law from King’s College London.

In re Payment Card Interchange Fee and Merchant Discount Antitrust Litigation
(E.D.N.Y.). Representing a major financial institution in federal antitrust class and individual actions alleging that the payment card practices of the defendant card networks and financial institutions constitute an unreasonable restraint of trade and illegal monopolization. This is likely the largest private antitrust case ever brought. (Ongoing)
In re Late Fee and Over-Limit Fee Antitrust Litigation
(N.D. Cal.). Won dismissal for a major financial institution in a class action challenging the imposition of late and over-limit fees as a violation of the Sherman Act and the National Bank Act. Case is currently on appeal before the Ninth Circuit. (Ongoing)
Privacy Litigation
Litigation (D.D.C. and D.C. Superior Court). Won motions to dismiss in two actions (one in federal court, one in Superior Court) that alleged violations of various statutory rights to privacy stemming from customer service practices. Both cases affirmed on appeal.
FCRA Matters
Representing significant information-service providers in actions around the country alleging violations of the FCRA and related statues, and in regulatory proceedings. (Ongoing)
American Express v. Visa, et al.
(S.D.N.Y.). Favorably settled a matter for a major financial institution. Allegedly, defendants violated the Sherman Act by conspiring to exclude American Express from the card-issuing and network service markets.
Richbell Information Services, Inc., et al. v. Jupiter Partners LP et al.
Represented Lord Jacob Rothschild and several publicly traded English investment trusts in the New York Commercial Division in litigation arising out of disputes among shareholders. Resolved successfully for clients.
NY City Special Education Cases
Currently representing a number of NYC public school students in pro bono cases seeking special education and other programs from the Department of Education. (Ongoing)