Michael B. Miller

Partner | New York

mbmiller@mofo.com | (212) 468-8009

(212) 468-8009

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 financial services, antitrust, privacy, and commercial litigation, and he also is frequently consulted on related regulatory matters. Mr. Miller is the chair of the firm’s New York Litigation Department.

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 pharmaceuticals company in antitrust litigation; a dental supplies distributor in antitrust individual and class actions; a large U.S. bank in class action litigation relating to overdraft practices; a prominent government-sponsored enterprise in FCRA litigation; and a number of financial services companies in investigations initiated by the Consumer Financial Protection Bureau, the New York Department of Financial Services, and other regulators.

Mr. Miller is currently Vice Chair of the Insurance and Financial Services Committee of the ABA Antitrust Section and was formerly a member of the Section’s Long Range Planning Committee, chair of the Section’s Corporate Counseling Committee, and editor of The Antitrust Counselor. He speaks and writes frequently on a range of litigation, competition, and privacy law matters. 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 while at Brown. 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.  Mr. Miller clerked on the Ninth Circuit for Judge David R. Thompson.

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  • (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)

  • (N.D. Cal.). Representing major financial institution in class action antitrust litigation arising out of the introduction of chip card standards to the US payments sector. (Ongoing)

  • (E.D.N.Y.). Representing client in individual and class action antitrust litigation in the dental supplies industry. (Ongoing)

  • (S.D.N.Y.). Representing client in class action litigation in the travel services industry. (Ongoing)

  • (E.D.Pa.). Representing a major financial institution in class action litigation arising out of overdraft practices. (Ongoing)

  • Representing significant information-service providers in actions around the country alleging violations of the FCRA and related statues and in federal and state regulatory proceedings. (Ongoing)

  • (Ninth Circuit, D. Ariz.). Won dismissal of FCRA litigation against a large government-sponsored enterprise in the District of Arizona (currently on appeal). Representing GSE in other FCRA litigation. (Ongoing)

  • Representing a variety of clients in connection with regulatory and litigation issues arising out of data breach events. (Ongoing)

  • (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. Dismissal affirmed on appeal.

  • (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 dismissals affirmed on appeal.

  • (S.D.N.Y.). Favorably settled a matter for a major financial institution arising out of alleged Sherman Act violations in the card-issuing and network service markets.

  • 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.

  • 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)

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