Kane, shareholder of the firm, is a graduate of Rutgers University
and Ohio Northern University School of Law, with distinction, where
he was a member of the Law Review. Mr. Kane is admitted to practice
in Pennsylvania and various federal
Mr. Kane joined
Berger & Montague's antitrust practice in 2005. Prior to
joining Berger & Montague, Mr. Kane was affiliated with Mager,
White & Goldstein, LLP where he represented clients in complex
commercial litigation involving alleged unlawful business practices
including: violations of federal and state antitrust and securities
laws, breach of contract and other unfair and deceptive trade
practices. Mr. Kane has extensive experience work with experts on
economic issues in antitrust cases, including impact and damages.
Mr. Kane has served in prominent roles in high profile antitrust,
securities, and unfair trade practice cases filed in courts around
the country. Mr. Kane had a leading role in the litigation
and resolution of the
In re Payment Card Interchange Fee and Merchant
Discount Antitrust Litigation, MDL No. 1720
(E.D.N.Y.) in which the Court on November 9, 2012 preliminary
approved the settlement for approximately $7.25 billion in cash
(reduced to $5.7 billion after opt outs) (the largest monetary
settlement of a private antitrust case in history) and injunctive
relief in the form of significant changes to the networks' rules,
which should result in increased competition as to interchange
fees. Mr. Kane also had a leading role in Ross
v. American Express Company (S.D.N.Y.)
($49.5 million settlement achieved after more than 7 years of
litigation and after summary judgment was denied) and the five week
bench trial in Ross v. American
Express and the related matter Ross v.
Bank of America (S.D.N.Y.) involving claims
that the defendant banks and American Express unlawfully acted in
concert to require cardholders to arbitrate disputes, including
debt collections, and to preclude cardholders from participating in
any class actions. Mr. Kane served as co-lead
counsel in In re Microsoft Corporation
Massachusetts Consumer Protection Litigation
(Mass. Super. Ct., Middlesex Cty.), in which plaintiffs
alleged that as a result of Microsoft Corporation's anticompetitive
practices, Massachusetts consumers paid more than they should have
for Microsoft's operating systems and software. The case was
settled for $34 million. Other cases in which Mr. Kane has had a
prominent role include:
In re Currency Conversion Fee Antitrust
Litig. (S.D.N.Y.) (settlement for $336
million and injunctive relief); In re Nasdaq
Market Makers Antitrust Litig.
(S.D.N.Y); In re Compact Disc Antitrust
Litig. (C.D. Cal.); In re
WorldCom, Inc. Securities Litig.
(S.D.N.Y); In re Lucent Technologies, Inc.
Securities Litig. (D.N.J.);
City Closets LLC v. Self Storage Assoc., Inc.
(S.D.N.Y.); Rolite, Inc. v. Wheelabrator
Environmental Sys. Inc., (E.D. Pa.); and
Amin v. Warren Hospital (N.J.
Prominent Judgments & Settlements