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Brian Penny



  • Juris Doctor, 2000 Pennsylvania State University, Penn State Law
  • B.A., History, 1997 Davidson College

Bar Admissions

  • US District Court for the Eastern District of Pennsylvania
  • US District Court for the Southern District of New York
  • US District Court for the Eastern District of Wisconsin
  • US Court of Appeals for the First Circuit
  • US Court of Appeals for the Third Circuit
  • US Court of Appeals for the Fourth Circuit
  • US Court of Appeals for the Ninth Circuit
  • Pennsylvania
  • New York

Practice Areas

  • Antitrust
  • Consumer Fraud
  • Securities Fraud

Mr. Penny has significant experience prosecuting antitrust and consumer claims. He represents union health benefit funds in generic “pay-for-delay” antitrust actions; small businesses and consumers in direct and indirect antitrust litigation and consumers in false advertising and consumer fraud class actions. He has served as lead or co-counsel in Mirakay, et al. v. Dakota Growers, et al., (D.N.J. 2013); Logue v. West Penn Multi-Listing Service (W.D. Pa. 2010); Allan v. Realcomp II (E.D. Mich. 2010); Boland v. Columbia Multi-Listing Service (D.S.C. 2009); and Robertson v. Hilton-Head Multi-Listing Service (D.S.C. 2009). He has also been appointed to the executive committees of several recent antitrust cases. Mr. Penny has also litigated numerous securities fraud class actions over the course of his career. He was a key member of the plaintiff’s team that prosecuted In re Broadcom Securities Litigation which resulted in a settlement of $150 million for the class, and he participated in the AOL Time Warner Securities Litigation which recouped of over $2.5 billion for investors. Mr. Penny was also one of the lead attorneys representing the classes in a number of securities fraud actions arising out of stock option backdating, including, In re Monster Worldwide, Inc. Securities Litigation ($47.5 million settlement), In re Mercury Interactive Securities Litigation ($117.5 million settlement) , In re SafeNet, Inc. Securities Litigation ($25 million settlement), Ramsey v. MRV Communications et al. ($10 million settlement), and In re Semtech Securities Litigation ($20 million settlement).

In 2015, Mr. Penny was one of four finalists for the American Antitrust Institute’s Enforcement Award for Outstanding Antitrust Litigation Achievement by a Young Lawyer for his work on Allen, et al. v. Realcomp Ltd., et al. Mr. Penny has also been named a Super Lawyer or Rising Star by Super Lawyers every year since 2010.