Michael J. Kass
Partner

Mr. Kass is a commercial litigator engaged in trial and appellate practice before federal and state courts and administrative agencies. He has represented energy and telecommunications companies whose commercial practices have been challenged by competitors and consumers alleging antitrust violations and unfair competition. He is defending lawsuits filed in multiple states against a national energy company charged with manipulating prices for natural gas in violation of state and federal antitrust laws. He recently defended a national energy company charged with violating federal commodities laws with respect to natural gas futures traded on the NYMEX. Mr. Kass also defended an incumbent local exchange carrier charged with unfair competition by a competitor with respect to allegedly tied telecommunication and information services. He prosecuted an international arbitration on behalf of a major public utility in the Pacific Northwest against national energy traders with respect to improper charges levied and paid pursuant to a federal tariff and successfully defended that company in another arbitration from alleged antitrust violations in connection with a power purchase agreement for geothermal energy.

• Defend national energy company charged with violating state and federal antitrust laws and having engaged in unfair competition with respect to price reports submitted to commercial index publishers. The Tennessee Supreme Court dismissed a putative class action on grounds of federal preemption and actions on behalf of putative classes in Wisconsin, Missouri, Kansas and Colorado are pending dismissal in a Multi District Litigation proceeding in Las Vegas, Nevada.
• Defend national energy company charged with conspiring to violate federal commodities laws with respect to natural gas futures traded on the NYMEX.
• Defend national energy company charged with violating state and federal antitrust laws and having engaged in unfair competition with respect to California's wholesale energy crisis in 2000-2001. All actions were dismissed on grounds of preemption and the filed rate doctrine and affirmed by the Ninth Circuit Court of Appeals and the California Court of Appeal.
• Defend incumbent local exchange carrier charged with unfair competition by competitor with respect to promotional practices to win back pay telephone service providers in complaint proceeding filed before Public Utilities Commission.
• Defend incumbent local exchange carrier charged with unfair competition by competitors with respect to allegedly tied telecommunication and information services in complaint proceeding filed before Public Utilities Commission.
• Prosecute international arbitration on behalf of major public utility in Pacific Northwest against national energy traders with respect to improper charges levied and paid pursuant to federal tariff.
• Defend public utility charged with violating antitrust laws in connection with a geothermal power purchase agreement.
• Litigate contract disputes for energy services company involving public power development and cogeneration issues.

• Represent association of California banks in successful challenge to municipal ordinances purporting to ban ATM fees on grounds of federal preemption.
• Represent media associations in successful First Amendment challenge to state regulation purporting to limit witness access to execution proceedings in California.

• Legal 500 US, Antitrust (2011-2012)
• Super Lawyers