Ms. Preovolos is a litigation partner in the San Francisco office of Morrison & Foerster. She has extensive experience in antitrust, false advertising/unfair trade practice, and consumer class action litigation and counseling. She has served as lead counsel in a number of major California state antitrust, consumer class action, false advertising, and unfair competition cases. Ms. Preovolos has spoken and written extensively on antitrust, consumer class action, and unfair trade practice topics. She is listed by Chambers USA as one of California’s leading antitrust lawyers, and was recommended by Practical Law Company’s Which lawyer? Yearbook 2005 as an antitrust practitioner. In addition, Ms. Preovolos is listed in the Best Lawyers in America Directory (2006 - 2008) as a leader in the field of antitrust law. She also was listed in the 2007 edition of Who’s Who Legal: California as a leading practitioner in the field of competition (antitrust, unfair competition, and false advertising law). Ms. Preovolos served as co-chair of the firm’s Antitrust and Competition Group from 1990 to 2004 and as managing partner of the firm’s San Francisco office from 1995 to 1996. Ms. Preovolos became associated with Morrison & Foerster in 1980, and became a partner in 1985.

Ms. Preovolos served as Secretary (1993-1994) and Chair (1994-1995) of the Antitrust and Trade Regulation Section of the State Bar of California. She is a member of the Litigation and Antitrust Sections of the American Bar Association, and served from 1990 to 1993 on the Ninth Circuit Advisory Committee on Rules of Practice & Internal Operating Procedures.

Ms. Preovolos received her A.B. with greatest distinction from the University of California at Berkeley in 1976, where she was a member of Phi Beta Kappa and received the English Departmental Citation (outstanding graduate, English Department) and the University Medal (outstanding graduate). She received her J.D., cum laude, from Harvard Law School in 1979, where she was Executive Editor of the Harvard Civil Rights – Civil Liberties Law Review, 1978-1979. Ms. Preovolos was Clerk to Judge Charles M. Merrill of the United States Court of Appeals for the Ninth Circuit during 1979-1980.

Summary of Recent Antitrust Litigation Experience

• In re Cosmetics Industry Antitrust Litigation: Counsel to defendant in coordinated antitrust and unfair trade practice actions in U.S. District Court for the Northern District of California and Marin Superior Court (settled; settlement affirmed on appeal to the Ninth Circuit).
• In re Tableware Antitrust Litigation: Counsel for defendant in alleged antitrust conspiracy case in the Northern District of California (settled).
• American Booksellers Association, et al. v. Barnes & Noble, Inc.: Counsel to Barnes & Noble in antitrust and unfair trade practice action brought by American Booksellers Association on behalf of its California members and by 26 bookstore plaintiffs. Obtained summary judgment on all monetary claims and settled on very favorable terms during trial in April 2001.

Summary of Recent Consumer Class Action/False Advertising Litigation Experience

• Smartphone Litigation: Defend smartphone manufacturer in multiple federal class actions alleging misrepresentations regarding the phone’s battery (pending).
• Digital Music Player Litigation: Represent a digital music player manufacturer in multiple class actions (federal MDL actions and coordinated California state actions) alleging that the music player develops cosmetic defects use and asserting false advertising, product defect, breach of warranty, and other claims. Class certification has not yet been sought. Consumer class actions alleging § 17200, product defect and other claims regarding alleged cosmetic defects of a digital music player (pending).
• Moisan v. Fujitsu Computer Products of America, Inc.: Defend FCPA in class action alleging that it misrepresented hard drive capacity (pending).
• In re: Digital Music Player Battery Cases: Represented a digital music player manufacturer in coordinated consumer class actions alleging product defects, false advertising, violations of California Business and Professions Code § 17200 and § 17500, violations of the Consumer Legal Remedies Act, and other claims regarding the battery. The cases settled on a nationwide class basis prior to class certification.
• In re Palm Treo 600 and 650 Consumer Class Actions. Represent Palm in multiple consolidated class actions alleging false advertising and product defects with respect to the Palm Treo 600 and 650 “smartphones” (pending).
• Wershba v. Apple Computer, Inc.: Counsel for Apple in multiple California state court class actions challenging changes made by Apple to its technical support policies and charges. Argued and won appeal challenging trial court’s approval of settlement.
• Hurkes-Harris v. Fujitsu Computer Products of America, Inc.: Defended FCPA in consumer class action alleging § 17200 claims respecting allegedly defective hard drives (settled).
• Adapter Litigation: Represent a computer manufacturer in a class action filed in the Northern District of California alleging misrepresentations and product defects with respect to an adapter sold with the computer (pending).
• Computer Display Litigation: Represented a computer display manufacturer in a consumer class action filed in Los Angeles Superior Court (Complex Division) alleging false advertising and product defects with respect to certain flat panel displays (settled).
• Wireless Router Manufacturer Litigation: Represented a wireless router manufacturer in a class action alleging that it misrepresented transfer speeds on several of its wireless products. This case was settled on a non-class, individual basis prior to class certification.
• Computer Manufacturer Memory Litigation: Represented a computer manufacturer in consumer class actions filed in the Northern District of California and the District of Arkansas alleging false advertising, negligent misrepresentation, breach of warranty, and other claims regarding memory function of certain notebook computers. The cases were settled on an individual, non-class basis.
• Operating System Class Action: Counsel for defendant in consumer class action alleging false advertising and product defects respecting compatibility of certain computers with operating system (settled).
• Printer Speed Class Actions: Represented defendants in various state court class actions alleging misrepresentations regarding printer speed (settled).
• Software DVD Player Class Action: Counsel for defendant in consumer class actions alleging false advertising and product defects respecting software DVD player (settled).
• Dowhal v. Packard Bell NEC, Inc.: Counsel for Packard Bell NEC in “private attorney general action” challenging disclosures respecting variable CD ROM speed (settled).

Selected Speaking and Writing Engagements

• Co-Chair and Speaker, PLI 46th Annual Advanced Antitrust Seminar, Distribution and Marketing, “Predatory Pricing and Unfair Trade Practices” (2007)
• PLI 48th Annual Antitrust Institute, “Robinson-Patman Act Damages and Defenses” (2007)
• Co-Chair and Speaker, PLI 45th Annual Advanced Antitrust Seminar, Distribution and Marketing, “Predatory Pricing and Unfair Trade Practices” (2006)
• PLI 47th Annual Antitrust Institute, “Robinson-Patman Act Damages and Defenses” (2006)
• PLI 44th Annual Advanced Antitrust Seminar, Distribution and Marketing, “Predatory Pricing and Unfair Trade Practices” (2005)
• PLI Copyright, Trademark and Unfair Competition, “The New Unfair Competition Litigation — Consumer Fraud Class Actions” (1998)
• PLI, Intellectual Property and Antitrust, “Unilateral Refusal to License and Third Party Maintenance Agreements” (1998)
• PLI 37th Annual Advanced Antitrust Seminar, Distribution and Marketing, “Predatory Pricing and Unfair Trade Practices” (1998)
• California State Bar Antitrust and Unfair Competition Law Section: Numerous speaking engagements regarding California Unfair Competition Law, False Advertidsing Law, and Antitrust Law
• Chapter author, Garrett, World Antitrust Law and Practice (Little, Brown and Company 1997)
• Insight Seminar, Minimizing Risk in International Business Transactions, “International Antitrust and Trade Practice Matters” (1998)
• PLI, Intellectual Property and Antitrust, “Antitrust Claims Based on Enforcement of Intellectual Property Rights” (1997)
• PLI, Intellectual Property and Antitrust, “Antitrust Claims Based on Enforcement of Intellectual Property Rights” (1996)
• Co-Author, “Antitrust Restrictions on IP Licensing,” in International Commercial Litigation (July/August 1995)
• Author, “Antitrust Guidelines for IP — What You Should Know,” in The Intellectual Property Strategist (December 1994)
• Recorder Roundtable, “From Start Up to Market Power” (1994)