FacultyFaculty/Author Profile

Penelope A. Preovolos

Morrison & Foerster LLP

San Francisco, CA, USA


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  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 is recommended by Practical Law Company's Which lawyer? Yearbook as an antitrust practitioner.  In addition, Ms. Preovolos is listed in the Best Lawyers in America Directory  as a leader in the field of antitrust law. She also was listed in the 2009 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
- Li v. Apple Inc..:  Counsel to Apple in antitrust class action in the Eastern District of New York (obtained dismissal with prejudice).
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 Other Litigation Experience
Cellular Telephone Litigation: Defend cellular telephone manufacturer in two MDL proceedings alleging false advertising and unfair trade practices.   
Trujillo v. Apple Inc.: Obtained summary judgment for Apple in federal class action alleging misrepresentations regarding the phone's battery.
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" (settled).
Digital Music Player Litigation: Represent digital music player manufacturer in multiple class actions (federal MDL actions and coordinated California state actions) alleging that the music player develops cosmetic defects during ordinary use and asserting false advertising, product defect, breach of warranty, and other claims. Consumer class actions alleging § 17200, product defect and other (settled).
Moisan v. Fujitsu Computer Products of America, Inc.: Defend FCPA in class action alleging that it misrepresented hard drive capacity (settled).

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