“I relish in delighting my clients. My motto is: Never give up; there’s always a way to get the right result. My clients are on my mind 24 hours a day, and I wouldn’t have it any other way.
Penelope has served as lead counsel in major consumer class actions and antitrust cases for more than 35 years, successfully representing high-profile defendants in antitrust, consumer fraud, and product defect matters. Her clients span a range of industries, including consumer electronics, technology, retail, publishing, food and beverage, cosmetics, and household products. According to Chambers USA, Penelope has a “great reputation for antitrust and product liability work” and is a “superb all-around antitrust lawyer.”
Penelope was named the 2019 Antitrust Lawyer of the Year by the Antitrust, UCL, and Privacy Section of the California Lawyers Association. She was co-chair of MoFo’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. She is an editor of and frequent contributor to Morrison & Foerster’s Class Dismissed blog, as well as a frequent speaker about class action and antitrust issues.
Experience
Represented an international energy drink manufacturer in antitrust litigation involving monopolization, conspiracy, and exclusive dealing claims. Motion to dismiss was granted with prejudice on all claims.
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 dismissal of all claims.
Represented computer manufacturer in litigation alleging defects in the power management system of a notebook computer. Won multiple rounds of motions to dismiss and prevailed on appeal in the Ninth Circuit.
Represented major multinational intellectual property management company in action brought by putative business class alleging unfair trade practice and misrepresentation claims.
Defeated class certification with prejudice in consolidated consumer class actions challenging online disclosures and billing practices.
Represented a major pharmacy benefits manager in an antitrust litigation alleging horizontal and vertical conspiracies and other vertical agreements in restraint of trade.
Counsel to Barnes & Noble in an antitrust and unfair trade practice action brought by the American Booksellers Association on behalf of its California members and by 26 bookstore plaintiffs in which plaintiffs alleged federal and California state antitrust claims regarding pricing and other issues. Obtained summary judgment on all monetary claims and the case was settled on very favorable terms after two weeks of trial.