FacultyFaculty/Author Profile

Michael B. Miller

Morrison & Foerster LLP

New York, NY, USA


Michael Miller's practice includes all aspects of complex antitrust and commercial litigation in federal and state courts, at both the trial and appellate levels and in administrative proceedings. Mr. Miller also frequently counsels clients on antitrust, privacy, and data security-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 U.S. bank in pending antitrust investigations by federal and state regulators; a significant auto parts manufacturer in class action Robinson-Patman Act litigation; an international consumer goods conglomerate in Robinson-Patman Act litigation; a prominent 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; a trade association as amicus curiae in significant antitrust litigation in the federal courts; a large European bank in U.S. antitrust litigation arising out of currency exchange services; and the independent directors of a mutual fund group with respect to market timing cases and investigations.

Mr. Miller regularly counsels clients on U.S. and EU competition and privacy law matters, and represents clients before both the Department of Justice's Antitrust Division and the Federal Trade Commission in connection with mergers and acquisitions and joint ventures, including deals in the financial services, pharmaceutical, life sciences, aluminum, energy, computer software and consumer electronics industries, and in connection with other government investigations.

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 and 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 graduated with honors from Brown University, magna cum laude and a Phi Beta Kappa, and received the 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 Kings College, University in 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, in what is likely the largest private antitrust suit ever brought.  (Ongoing)

Richbell Information Services, In., et al. vs. 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.) (2006)

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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