Jennifer Romano is a litigation partner in Crowell & Moring's Los Angeles office, co-chair of the firm's Litigation Group, and a member of the firm's Management Board. Jennifer focuses her practice on defending companies against consumer class actions, litigating on behalf of health care companies, and representing companies in high stakes litigation matters. Jennifer represents clients as both plaintiffs and defendants in state and federal courts, as well as in arbitration and mediation. Her clients include major health plans, retail and consumer products companies, and professional services firms. Jennifer was named by the Los Angeles Daily Journal as one of the "Top Women Litigators" in California, and Chambers USA recognizes her as a leading lawyer in health care.
Jennifer served as a law clerk to the Honorable Mariana R. Pfaelzer, U.S. District Court for the Central District of California.
Jennifer has an active pro bono practice. She recently obtained a temporary restraining order and preliminary injunction on behalf of Planned Parenthood in its challenge to restrictions on abortion in Kentucky. She led a Crowell team, in partnership with Loyola Law School’s Juvenile Innocence and Fair Sentencing Clinic, in successfully petitioning the court to vacate a murder conviction against a minor who had been convicted over 25 years ago based on a felony murder charge. Jennifer also supervises associates in immigration and asylum matters for pro bono clients.
Jennifer is active in the community and serves in the following organizations:
- Los Angeles County Bar Association/Women Lawyers Association of Los Angeles Joint Task Force on the Retention and Promotion of Women
- Berkeley Law Alumni Association, Board Member
- Women Lawyers Association of Los Angeles, former Board Member and President
- Los Angeles County Bar Association, former Board of Trustees Member
- The Fellows of the American Bar Foundation, Member
- American Health Lawyers Association, Member
- Association of Business Trial Lawyers, Member
Representative Matters
Representative Class Action Matters
- Defeated class certification in an action brought under California’s unfair competition law and the Unruh Civil Rights Act on behalf of a class of persons who were denied health insurance coverage for behavioral health treatment. Denial of class certification was affirmed by the Court of Appeal.
- Represented multinational rental car company in defending against several class actions alleging unfair competition, false advertising, statutory violations, and tortious conduct. In a putative class action alleging violation of constitutional rights, Jennifer obtained judgment on behalf of her clients at the pleading stage, which was affirmed on appeal before the Ninth Circuit.
- Represented a major university in class action litigation filed in the wake of a cyber-intrusion into the client's electronic data systems. Cases involved alleged violation of California's Confidentiality of Medical Information Act and Security Breach Notification law, and other state law claims.
- Defended an internet company in consumer class actions brought under the Computer Fraud and Abuse Act, the Electronic Communications Privacy Act and state law. Obtained defense judgment against putative class action claims challenging the client's First Amendment right to determine the content of its search results.
- Represented a consumer products company in multiple class actions challenging the design of its products, materials, and practices. Resolved cases through motion practice, and successfully compelled arbitration based on user agreements.
Representative Health Care Litigation Matters
- Served as lead counsel in a three-week trial of two class actions alleging breach of fiduciary duty under ERISA. Obtained defense judgment as to the class’s prayer for substantial monetary relief. The trial judge’s order awarding injunctive relief to the class was recently overturned on appeal (rehearing petition is pending).
- Defeated class certification in an action against a health plan alleging violation of the federal Mental Health Parity and Addiction Equity Act arising out of coverage for wilderness programs.
- Representing multiple health plans in disputes with out-of-network providers relating to charges in excess of reasonable and customary amounts. Disputes total hundreds of millions of dollars and some include counterclaims for unfair business practices.
- Successfully defended against a plaintiff's ERISA claim for benefits for myoelectric prosthetic devices. Obtained summary judgment on behalf of the defendant's health plan by arguing that the California statutory language and legislative history supported the health plan's exclusion. The judgment was affirmed on appeal.
Representative Commercial Litigation Matters
- Led the University of California’s challenge to the Department of Homeland Security’s COVID-era directive that would have forced international students to leave the United States if they were enrolled in only online classes due to the pandemic. DHS reversed its directive after the University of California and other universities filed lawsuits against the federal government and motions for injunctive relief across the country.
- Defended against lawsuit brought by homeowners who asserted fraud and negligence in the sale of homes located on the site of a former landfill. Plaintiffs sought $7 million in damages at trial, and a judgment was entered in an amount totaling just $43,223. On appeal, the judgment was overturned and a verdict entered in favor of Jennifer's client.
- Defended an expert consulting company in a contract dispute filed by its former consultant. Successfully challenged the plaintiff's attempt to bypass his obligation to exhaust administrative remedies, and defeated plaintiff's motion for summary judgment.
Insights
Speeches & Presentations
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"Proposed Guidelines for Arbitral Disclosure of Social Media Activity," American Arbitration Association, Annual Spring Conference, Live Operated Webinar
(April 28, 2022).
Presenters: Heidi A.O. Fisher (UnitedHealthcare), Jennifer Romano, Kelly Turner (American Arbitration Association), Mitch Zamoff (University of Minnesota Law School).
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"Winning at Mediation: Tactics and Tools for Negotiating a Favorable Settlement," FBA/OC Annual Civil Practice Seminar, Santa Ana, CA
(May 26, 2016).
Presenter: Jennifer S. Romano.
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"Protecting Information: Cybersecurity and Risk Management," WOOPS 2016, Crowell & Moring's 32nd Annual West Coast Ounce of Prevention Seminar, Marina del Rey, CA
(May 18, 2016).
Panelists: Peter B. Miller, Jennifer S. Romano, and Nathanial J. Wood.
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"Trends and Updates in Litigation Risks Facing Plans Today," American Conference Institute Annual Advanced Forum on Managed Care Disputes and Litigation, Chicago, Illinois
(May 2, 2016).
Presenter: Jennifer S. Romano.
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"Impact of False Ad & Labeling Claims Litigation on Retailers," RILA Retail Law Conference, San Antonio, Texas
(October 29, 2015).
Presenters: Christopher A. Cole and Jennifer S. Romano.
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“Commercial Contracts and Supply Chain,” First Annual In-House Affirmative Recovery Conference, Dana Point, CA
(March 19, 2015).
Presenters: Andrew Kaplan, Beatrice B. Nguyen, Jennifer Romano, William Moore (Hewlett-Packard Company)
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"'Don't Sign That Yet': Tools and Tips for Identifying and Avoiding Common Traps in Health Care Commercial Contracting," Crowell & Moring's Healthcare Ounce of Prevention Seminar (HOOPS), Hartford, CT
(March 10, 2015).
Presenters: Jennifer S. Romano and Todd D. Rosenberg.
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"Are You Prepared for New Privacy and Data Security Concerns?" Crowell & Moring's Healthcare Ounce Of Prevention Seminar (HOOPS), Los Angeles, CA
(May 13, 2014).
Presenters: Scott J. Moore and Jennifer S. Romano.
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"How to Manage a Data Breach ('Incident') Crisis," Association of Corporate Counsel, Southern California Chapter (ACC-SoCal), 2014 ACC-SoCal In-House Counsel Conference, Los Angeles, CA
(January 29, 2014).
Presenters: Jeffrey L. Poston and Jennifer S. Romano.
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"Navigating the New Consumer Product Regulatory Landscape," RILA's Retail Law Conference 2013, Phoenix, AZ
(October 17, 2013).
Presenters: Cheryl A. Falvey and Jennifer S. Romano.
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"Turning the Corporate Legal Department into a Profit Center," Association of Corporate Counsel Southern California Chapter
(June 24, 2013).
Presenters: Daniel A. Sasse, Jennifer S. Romano, Jason C. Murray, and Steven D. Allison.
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"Managed Care Litigation: Past, Present, and Future," 2012 Annual Meeting and Spring Seminar, California Society for Healthcare Attorneys, Monterey, CA
(April 2012).
Presenters: Andrew J. Hefty and Jennifer S. Romano.
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"Class Action Lawsuits Against Retailers – Consumer and Employment Suits," Association of Corporate Counsel (ACC) webcast
(March 2012).
Presenters: Gregory D. Call, Jennifer S. Romano and Wendy A. Sugg.
Publications
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"A Tangled Web: How the Internet of Things and AI Expose Companies to Increased Tort, Privacy, and Cybersecurity Litigation," Crowell & Moring's Litigation Forecast 2020
(January 22, 2020).
Contributors: Jeffrey L. Poston, Cheryl A. Falvey, Evan D. Wolff, Paul M. Rosen, Jennifer S. Romano, Kristin J. Madigan, Gabriel M. Ramsey, and Laurence Winston.
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"The Satisfied Class Plaintiff: How Individual Settlement Offers to Putative Class Plaintiffs Can Impact Class Litigation in California," California Litigation Review
(2015).
Authors: Jennifer S. Romano and Dylan S. Burstein.
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"Health Care - Big Changes May Open the Door for Plaintiffs," Crowell & Moring's Litigation Forecast 2016
(January 2016).
Contributor: Jennifer Romano.
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"Regulatory Forecast 2015: What Corporate Counsel Need to Know for the Coming Year," a Crowell & Moring LLP publication
(January 2015).
Contributor.
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"Allegation of Data Breach Alone Insufficient to Sustain Claims Based on Inadequate Cybersecurity Under California Law," Crowell & Moring's Retail Law Observer
(March 21, 2013).
Author: Jennifer S. Romano.
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"Litigation Forecast 2013: What Corporate Counsel Need to Know for the Coming Year," Crowell & Moring LLP publication
(January 2013).
Contributor.
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"Taxes May Not Be a Straight Pass-Through Under Retail Leases," Crowell & Moring Retail Law Observer
(September 3, 2010).
Author: Jennifer S. Romano
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"Using Declarations to Obtain or Defeat Class Certification," Los Angeles/San Francisco Daily Journal
(May 27, 2010).
Co-Authors: Michael L. Cypers and Jennifer S. Romano.
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"Enforcing Co-tenancy Provisions in Leases Can Help Control Costs," Chain Store Age
(April/May 2010 Issue).
Co-Authors: Gregory D. Call and Jennifer S. Romano.
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Class Actions—the Evolution Continues
Client Alerts & Newsletters
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"Federal Regulators Release 2022 MHPAEA Annual Report,"
Health Care Alert
(January 26, 2022).
Contacts: Christopher Flynn, Jennifer S. Romano, Michael W. Lieberman, Paul Mourning, Lauren R. Nunez, Joe Records
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"11th Cir. Rejects Standing Due to Threat of Future Identity Theft & Further Deepens Circuit Split,"
Privacy Law Alert
(February 9, 2021).
Contacts: Kristin J. Madigan, CIPP/US, Jeffrey L. Poston, Jennifer S. Romano, Nathanial J. Wood, Jacob Canter
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"COVID-19 Class Actions: Refund Disputes Rage Over Membership Fees & Event Tickets,"
Mass Tort, Product, and Consumer Litigation Alert
(April 17, 2020).
Contacts: Valerie M. Goo, Jennifer S. Romano, Raija Horstman, Eli Berns-Zieve, Suzanne Trivette
Press Coverage
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As Companies' Fears of Data-Breach-Litigation Soar, Legal Terrain Rife With Uncertainty
January 12, 2023 — Corporate Counsel
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Crowell & Moring gains experienced brand protection litigator Jason Stiehl in Chicago
May 6, 2022 — The Trademark Lawyer
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Crowell & Moring Adds Labor And Employment Partner
February 25, 2022 — Law360
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Metro Moves: Centennial Airport's New Captain
October 24, 2021 — The Denver Gazette
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Crowell & Moring To Launch In Denver With Seven-Lawyer Team
October 15, 2021 — The Global Legal Post
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Jen Romano And Mark Klapow Of Crowell & Moring Tackle Client Problems Alongside The Firm’s Regulatory Team
June 22, 2021 — American Lawyer Litigation Daily
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O'Melveny, Gibson Dunn Join Gender Equity Campaign In LA
May 21, 2021 — Law360
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Orrick White Collar Partner Heads To Crowell & Moring
January 21, 2021 — The Recorder
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Top Women 2020: Jen Romano
November 4, 2020 — Daily Journal
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UC statement on Department of Homeland Security reversal of international student visa order
July 14, 2020 — University of California
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Crowell Nabs McDermott's Bay Area Litigation Head
April 11, 2019 — The Recorder
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Q&A With Crowell & Moring's Jennifer S. Romano
May 26, 2011 — California Law360, Competition Law360, and Class Action Law360
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Keeping the Ball Rolling: How Big Firm Leaders Continue to Manage in Uncertain Times
— The AmLaw Litigation Daily
Firm News & Announcements
January 11, 2023 |
Crowell & Moring Releases Litigation Forecast 2023: What Corporate Counsel Need to Know for the Coming Year |
June 1, 2022 |
Chambers USA 2022 Ranks 70 Crowell & Moring Lawyers and 37 Practice Areas Among Best in U.S. |
April 25, 2022 |
Crowell & Moring Achieves Victory in Reproductive Rights Litigation in Kentucky |
October 14, 2021 |
Crowell & Moring Opens in Denver |
July 15, 2021 |
Los Angeles Business Journal Names Jennifer Romano to 2021 Leaders of Influence: Litigators & Trial Attorneys List |
May 20, 2021 |
Chambers USA 2021 Ranks 63 Crowell & Moring Lawyers and 30 Practice Areas Among Best in U.S. |
January 8, 2021 |
Law Firms Unite to Defend Constitutional Democracy |
January 7, 2021 |
In Defense of Constitutional Democracy |
November 11, 2020 |
The Daily Journal Names Jennifer Romano to 2020 "Top Women Lawyers" List |
April 23, 2020 |
Chambers USA 2020 Ranks 53 Crowell & Moring Lawyers and 21 Practice Areas Among Best in U.S. |
November 6, 2019 |
WomenInc. Names Crowell & Moring a Top Law Firm for Women |
September 20, 2019 |
Super Lawyers Recognizes 82 Crowell & Moring Lawyers Across United States |
June 26, 2019 |
Los Angeles Business Journal Names Jennifer S. Romano to LA500 |
April 11, 2019 |
Experienced Trial Lawyer A. Marisa Chun Joins Crowell & Moring’s San Francisco Office |
October 15, 2018 |
Super Lawyers Recognizes 82 Crowell & Moring Lawyers Across United States |
August 8, 2018 |
Working Mother Names Crowell & Moring Among ‘Best Law Firms for Women’ for Seventh Consecutive Year |
May 17, 2018 |
Crowell & Moring Litigation Group Co-Chair Jennifer Romano Named to Los Angeles Business Journal's 2018 List of "Most Influential Women Attorneys" |
October 31, 2017 |
Super Lawyers Recognizes 79 Crowell & Moring Lawyers Across United States |
November 30, 2016 |
Super Lawyers Recognizes 71 Crowell & Moring Lawyers Across United States |
January 13, 2015 |
Crowell & Moring Releases Third Annual Litigation Forecast Report and Inaugural Regulatory Forecast |
October 6, 2014 |
Crowell & Moring’s Jennifer Romano Elected President of the Women Lawyers Association of Los Angeles |
January 29, 2013 |
Crowell & Moring Releases Report, "Litigation Forecast 2013" |