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Michael J. Kane

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Michael J. 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 courts.

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. Super.).

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