Penelope A. Preovolos

Penelope A. Preovolos

Partner

San Francisco, (415) 268-7187

Education

University of California, Berkeley (B.A., 1976)
Harvard Law School (J.D., 1979)

Bar Admissions

California

Clerkships

Hon. Charles M. Merrill, U.S. Court of Appeals, Ninth Circuit (1978-1980)

Penelope Preovolos is a litigation partner in the San Francisco office of Morrison & Foerster. She has served as lead counsel in major consumer class actions and antitrust cases, including numerous MDL matters, for more than 35 years. Ms. Preovolos has successfully represented high-profile defendants in antitrust, consumer fraud, product defect, and privacy matters. Her clients span a range of industries, including consumer electronics and technology, retail, publishing, food and beverage, cosmetics, and household products. Ms. Preovolos is recommended by Legal 500 US in the area of “product liability and mass tort defense: consumer products” and “marketing and advertising” and was named San Francisco Litigation – Antitrust “Lawyer of the Year” by Best Lawyers in America 2014. She is recommended as a leading lawyer by Chambers Global, Practical Law Company’s Which lawyer? and Super Lawyers. According to Chambers USA, Ms. Preovolos has a “great reputation for antitrust and product liability work” and is a “superb all-around antitrust lawyer.”

Ms. Preovolos was co-chair of the firm's Antitrust Practice for 14 years. She has served as chair of the Antitrust and Trade Regulation Section of the State Bar of California and as a member of the Ninth Circuit Advisory Committee on Local Rules and Operations. Ms. Preovolos is an editor and frequent contributor to the firm’s Class Dismissed blog (classdismissed.mofo.com). She is also a frequent speaker on class action and antitrust issues.

Ms. Preovolos was a member of Phi Beta Kappa at the University of California, Berkeley. She was awarded the University Medal, the highest undergraduate honor at the university, as well as the English Departmental Citation (awarded to the outstanding graduate in that department). She graduated cum laude from Harvard Law School, where she was executive editor of the Harvard Civil Rights – Civil Liberties Law Review.

Energy Drink Manufacturer
Represented international energy drink manufacturer in antitrust litigation alleging monopolization, conspiracy and exclusive dealing claims. Motion to dismiss granted with prejudice on all claims.
Consumer Electronics MDLs
Lead and national coordinating counsel for a major consumer electronics manufacturer in MDL class action proceedings involving consumer fraud, product defect, warranty and tort claims. Successfully obtained dismissals in both MDLs.
In re Lipitor Antitrust Litigation
Represented major pharmacy benefits manager in antitrust litigation alleging horizontal and vertical conspiracies and other vertical agreements in restraint of trade.
American Booksellers Association, et al. v. Barnes & Noble, Inc.
Counsel to Barnes & Noble in antitrust and unfair trade practice action brought by the American Booksellers Association on behalf of its California members and by 26 bookstore plaintiffs. Plaintiffs alleged federal and California state antitrust claims regarding pricing and other issues. Obtained summary judgment on all monetary claims and settled on very favorable terms after two weeks of trial.
Moisan v. Fujitsu Computer Products of America, Inc.
Represented Fujitsu in consumer class action alleging false advertising and product defects.
Energy Drink Manufacturer
Represented international energy drink manufacturer in antitrust litigation alleging monopolization, conspiracy and exclusive dealing claims. Motion to dismiss granted with prejudice on all claims.
Consumer Electronics MDLs
Lead and national coordinating counsel for a major consumer electronics manufacturer in MDL class action proceedings involving consumer fraud, product defect, warranty and tort claims. Successfully obtained dismissals in both MDLs.
In re Lipitor Antitrust Litigation
Represented major pharmacy benefits manager in antitrust litigation alleging horizontal and vertical conspiracies and other vertical agreements in restraint of trade.
American Booksellers Association, et al. v. Barnes & Noble, Inc.
Counsel to Barnes & Noble in antitrust and unfair trade practice action brought by the American Booksellers Association on behalf of its California members and by 26 bookstore plaintiffs. Plaintiffs alleged federal and California state antitrust claims regarding pricing and other issues. Obtained summary judgment on all monetary claims and settled on very favorable terms after two weeks of trial.
Moisan v. Fujitsu Computer Products of America, Inc.
Represented Fujitsu in consumer class action alleging false advertising and product defects.

Penelope Preovolos was named "Lawyer of the Year" by Best Lawyers in America 2014 for San Francisco Litigation - Antitrust, and is recommended as a leading lawyer by Chambers Global 2014, Chambers USA 2016, Legal 500 US 2015, PLC Which lawyer? 2011, Best Lawyers In America 2014, and Super Lawyers 2013.

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