Barbara W. Mather
Barbara W. Mather is a partner in the Philadelphia office of Pepper Hamilton LLP and past chair of the firm’s Litigation and Dispute Resolution Department. She is a trial lawyer with experience in professional responsibility and malpractice, antitrust, securities and corporate governance, and other commercial, as well as college and university law.
Ms. Mather is a Fellow of the American College of Trial Lawyers and a member of the American Law Institute. She is listed in The Best Lawyers in America and has been named by Best Lawyers as the Philadelphia “Lawyer of the Year” for Bet-the-Company Litigation for 2014 and 2011 and for Antitrust Law in 2013. Ms. Mather also is highly rated by Chambers USA: America’s Leading Lawyers for Business in both commercial litigation and antitrust. She was selected for inclusion on the Pennsylvania Super Lawyers and Top 50 Women Pennsylvania Super Lawyers lists for 2014. Ms. Mather is listed as a local litigation star in Pennsylvania in Benchmark Litigation and was named to Benchmark: Top 250 Women in Litigation 2012-2014. The Supreme Court of Pennsylvania has appointed her chair of the Board of Law Examiners for the Commonwealth. Since 2005, she has been chair of the board of Swarthmore College.
Ms. Mather’s recent engagements include:
- 2009 full defense verdict following five-week jury trial for a major truck manufacturer in claims alleging price fixing and other violations of the Sherman Act, Toledo Mack v. Mack Trucks, Inc., No. 02-CV-04373 (E.D. Pa.)
- 2006 full defense verdict following four-week jury trial for a major truck manufacturer in claims alleging violations of the Robinson-Patman Act, the Sherman Act and state laws, and awarded $11.3 million on counterclaims, later reduced to $1.6 million – Toledo Mack v. Mack Trucks, Inc., No. 02-CV-04373 (E.D. Pa.) (Sherman Act claims retried in 2009)
- defending leading manufacturer of bathroom and kitchen fixtures and fittings against allegations of price fixing in In Re Plumbing Fixtures Antitrust Litigation. The action was dismissed.
- serving as co-counsel for LePage’s in LePage’s, et al. v. 3M (Minnesota Mining and Manufacturing Company in the trial of a monopolization claim before a jury that awarded $65 million (after trebling). The case was affirmed by the U.S. Court of Appeals for the Third Circuit and defendant’s petition for certiorari before the United States Supreme Court was denied in 2004.
- counseling major pharmaceutical company in assessing potential antitrust claims concerning a competitor’s marketing practices
- providing antitrust and other regulatory and litigation counseling of pharmaceutical, medical device and chemical companies concerning various proposed business combinations or agreements involving the acquisition, in-licensing, co-development, manufacture, distribution and co-promotion of their products
- representing one of the principal defendants in the Linerboard Antitrust Litigation cases charging price fixing, and arguing the class action issues in the U.S. Court of Appeals for the Third Circuit on behalf of a group of defendants
- co-representing the American Bar Association in Massachusetts School of Law at Andover, Inc. v. American Bar Association, obtaining summary judgment in a private action charging antitrust violations in connection with law school accreditation.
- representation and prompt settlement on behalf of an issuer of CDO’s in defense of securities and derivative claims based upon valuation issues
- representation of officers of Vlasic Corporation to obtain dismissal of securities claims based upon alleged failure to disclose inadequate computer systems; Walter W. Wilson, et al. v. Robert F. Bernstock, et al., No. 01-0272
- representation of officers and directors of ViroPharma in a class action case charging failure to disclose trial results; the case was resolved by settlement
- representation of Hershey Trust Company and Milton Hershey School in litigation relating to standing to challenge its management under the Hershey Trust; In Re: Milton Hershey School and Hershey Trust Company, 590 Pa 35, 911 A.2d 1258 (Pa. 2006)
- representation of owners of a closely held corporation in litigation to compel compliance with its shareholder agreement.
- representation of National Conference of Bar Examiners in claims asserting theft of intellectual property
- breach of contract litigation and advice regarding issues arising from various acquisitions by firm clients.
In addition to these representations, Ms. Mather has in the past had the following engagements:
- 2008 successful defense at trial and an appeal of a malpractice claim against a major actuarial firm charged with failure to provide correct advice on plan termination
- defense of an “employment” claim by a law firm partner
- advice and counsel to a major Philadelphia law firm on a potential action for malpractice based upon alleged conflict of interest
- representation of a major law firm in a claim asserted by former clients alleging malpractice in advice concerning commercial transactions
- advice to clients concerning potential malpractice in a commercial transaction and successful mediation of that claim
- representation of individual lawyers in matters involving alleged discovery abuse
- counsel to lawyers in SEC investigation re “gatekeeper” responsibilities.
- William and Nancy Devlin, et al. v. City of Philadelphia, et al., Supreme Court of Pennsylvania, Eastern District, No. 43 EAP 2003 — Special Appellate Counsel for the City of Philadelphia in successful appeal upholding the validity of ordinance
- Goode v. City of Philadelphia, 539 F.3d 311, 2008 WL 3306656, (3d Cir. 2008), argued appeal as special appellate counsel for the City of Philadelphia and prevailed with affirmance of dismissal below in an action involving the City’s regulation of billboards
- Massachusetts School of Law at Andover, Inc. v. American Bar Association, 107 F.3d 1026 (3d Cir. 1997) — co-representation of the American Bar Association in a case obtaining summary judgment in a private action charging antitrust violations in connection with law school accreditation.
Ms. Mather has been a lecturer in law for antitrust at the University of Pennsylvania Law School and taught appellate advocacy and legal ethics.
Ms. Mather has served as city solicitor of Philadelphia, the chief civil lawyer in the city and head of Philadelphia’s 100-member law department.
B.A. 1965, high honors, Swarthmore College; Phi Beta Kappa
J.D. 1968 University of Chicago Law School; Order of the Coif; editor, University of Chicago Law Review
Admitted to practice in Pennsylvania