Michael B. Miller

Partner | New York

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

mbmiller@mofo.com
(212) 468-8009

Michael Miller regularly represents clients in managing antitrust risk in complex transactional and other business matters, including strategy and structuring of transactions to avoid antitrust risk and achieve strategic business objectives, and U.S. and multinational merger notification and review. He is regularly called on to help clients overcome complex 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 and in merger control proceedings in a variety of jurisdictions.

Recent matters have included representation of:

  • SoftBank and Sprint at trial and in related regulatory proceedings in connection with Sprint’s combination with T-Mobile
  • 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 contact lens manufacturer in a range of antitrust litigation pending across the country. 
  • Various large financial institutions and life sciences companies in connection with managing antitrust risk raised by pending transactions.
  • 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 dental supplies distributor in antitrust individual and class actions and related regulatory matters
  • A large U.S. bank in class action litigation relating to overdraft practices
  • A prominent government-sponsored enterprise in FCRA litigation
  • 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.
  • A history of representing companies before the US and EU competition law regulators in the telecommunications, network services, pharmaceutical, industrial, financial services, consumer products, chemical, and technology industries.

Michael was formerly a member of the ABA Antitrust Section’s Long Range Planning Committee, chair of the Section’s Corporate Counseling Committee, Vice Chair of the Insurance and Financial Services Committee and editor of The Antitrust Counselor. He speaks and writes frequently on a range of litigation, competition, and privacy law matters. Michael is recommended by Legal 500 and Best Lawyers in America.

Michael 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. Michael has a Post-Graduate Diploma in EC Competition Law from King’s College London. He also clerked on the Ninth Circuit for Judge David R. Thompson.

Representative Experience

  • SoftBank/Sprint/T-Mobile
    Representing SoftBank and Sprint at trial and in various merger regulatory investigations in connection with Sprint’s successful combination with T-Mobile.
  • Alcon Vision
    Representing a contact lens manufacturer in antitrust litigation pending against unauthorized distributors.
  • 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)
  • EMV Litigation (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)
  • In re Dental Supply Antitrust Litigation (E.D.N.Y.).
    Representing client in individual and class action antitrust litigation in the dental supplies industry. (Ongoing)
  • Gordon, et al. v. Amadeus IT Group, S.A. (S.D.N.Y.).
    Representing client in class action litigation in the travel services industry. (Ongoing)
  • Overdraft Litigation (E.D.Pa.).
    Representing a major financial institution in class action litigation arising out of overdraft practices. (Ongoing)
  • Merger Clearances.
    Has obtained merger clearances in the US and EU for clients in the financial services, telecommunications, network services, pharmaceuticals, consumer products, oil and gas, consumer products, chemical, packaging, and metals industries. 
  • FCRA Matters.
    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)
  • GSE FCRA Litigation (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)
  • Data Breach Matters.
    Representing a variety of clients in connection with regulatory and litigation issues arising out of data breach events. (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. Dismissal affirmed on appeal.
  • Privacy 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 dismissals affirmed on appeal.
  • American Express v. Visa, et al. (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.
  • 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
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Experience

  • Representing SoftBank and Sprint at trial and in various merger regulatory investigations in connection with Sprint’s successful combination with T-Mobile.

  • Representing a contact lens manufacturer in antitrust litigation pending against unauthorized distributors.

  • (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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