Jennifer S. Romano

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.

•  Los Angeles Business Journal: Leaders of Influence, Litigation & Trial, 2024
• Chambers USA: Band 3, Healthcare, California, 2020-2023
• Los Angeles Daily Journal: Top Women Litigators, Healthcare, California, 2020