Jennifer Romano is a litigation partner in Crowell & Moring's Los Angeles office, co-chair of the firm's Litigation Group, and a former 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. In 2020, Chambers USA recognized her as a leading lawyer in health care.
Prior to joining Crowell & Moring, Jennifer was a partner at Folger Levin & Kahn LLP. Previously, she served as a law clerk to the Honorable Mariana R. Pfaelzer, United States District Court for the Central District of California.
Representative Class Action Matters
- Defeated class certification in 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 multi-national rental car company in defending against class actions alleging unfair competition, false advertising and statutory violations. 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 client in class action litigation in both federal and state courts in California arising out of an alleged loss of protected health information of individuals. Cases involve 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.
Representative Health Care Litigation Matters
- Defended a national health plan in lawsuits filed by groups of emergency room physicians seeking reimbursement for services provided to health plan patients for whom financial liability had been delegated to independent practice associations under California law. Jennifer argued the defendants' joint demurrer, and the Court sustained the joint demurrer without leave to amend. The matter is on appeal before the California Supreme Court.
- Represented a major health plan against putative class action claims brought on behalf of health care consumers who obtained emergency medical treatment. Jennifer led the case team in filing a successful motion to dismiss the plaintiff's claims for failure to exhaust administrative remedies under the Medicare Act and ERISA.
- Representing major health plan in multiple disputes with an out-of-network provider relating to charges in excess of reasonable and customary amounts. Disputes involve several million dollars and include counterclaims against the provider for unfair business practices under California law.
- Successfully defended against a plaintiff's ERISA claim for benefits for myoelectric prosthetic devices. Jennifer obtained summary judgment on behalf the defendant health plan by arguing that the California statutory language and legislative history supported the health plan's exclusion of myoelectric devices from prosthetics benefits, and the judgment was affirmed on appeal.
Representative Commercial Litigation Matters
- Defended against lawsuit brought by elderly 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.
- Represent major retailers in real estate disputes relating to cotenancy provisions, CAM charges, taxes and property damage. Won summary judgment in two separate actions on behalf of a retailer in co-tenancy disputes with shopping center landlords.
- Defended an expert consulting company in a contract dispute filed by its former employee and forensic accounting expert. Jennifer successfully challenged the plaintiff's attempt to bypass his obligation to exhaust administrative remedies, and defeated plaintiff's motion for summary judgment, which then led to a settlement for her client.
Jennifer has an active pro bono practice. She successfully represented Volunteers of America in a dispute with a landlord that houses VOA's early childhood development program. She helped to obtain asylum for a 19-year-old Coptic Christian woman who faced oppression if deported to Egypt. Jennifer also regularly supervises firm associates in representing minors in pro bono immigration matters.
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
Affiliations
Admitted to practice: California
Highlights, News & Knowledge
Speeches & Presentations
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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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"Goals, Strategies & Tactics: Litigating Lease Disputes," National Retail Tenants Association Conference
(2010-2013).
Presenters: Gregory D. Call 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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"Litigation Forecast Class Actions Webinar: Trends In Early Motions, Class Certification, and Settlement," Crowell & Moring Webinar
(May 21, 2013).
Presenters: Trina Fairley Barlow, Tracy A. Roman, and Jennifer S. Romano.
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"Recovery Opportunities for Retailers: Turning a Retail Law Department into a Profit Center in Retail Leasing, Antitrust Litigation and Vendor Disputes," Retail Industry Leaders Association Retail Law Conference 2012
(November 2012).
Presenters: Gregory D. Call, Jennifer S. Romano, and Steve D. Allison.
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"The Dish on Data and Disks HIPAA Privacy and Security Breach Developments," Crowell & Moring's Healthcare Ounce of Prevention Seminar (HOOPS)
(June 21-22, 2012).
Presenters: Robin B. Campbell, Ethan P. Schulman and Jennifer S. Romano.
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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.
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"Co-tenancy Disputes," National Retail Tenants Association Conference
(2009).
Presenter: Jennifer S. Romano.
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"E-Discovery: Legislative Efforts to Manage the Burdens of Litigation," California Retailers Association Annual Meeting
(June 2008).
Presenter: Jennifer S. Romano.
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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"Litigation Forecast 2016: What Corporate Counsel Need to Know for the Coming Year," a Crowell & Moring LLP publication
(January 2016).
Contributor.
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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.
Client Alerts & Newsletters
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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, Paul M. Rosen, 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: Christopher A. Cole, Valerie M. Goo, Jennifer S. Romano, Raija Horstman, Eli Berns-Zieve, Siri Rao, Suzanne Trivette
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"California Court of Appeal Expands Coverage for Autism Related Services for Certain Health Plans,"
Health Care Alert
(April 28, 2014).
Contacts: Jennifer S. Romano, Peter Roan, Christopher Flynn
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"Act Now to Protect Against Tax-Related Liabilities for Identity Theft,"
Regulatory Alert
(December 6, 2013).
Contacts: Jeffrey L. Poston, Jennifer S. Romano
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"Data Breach Class Action Against Barnes & Noble Dismissed for Lack of Standing,"
Privacy Law Alert
(September 10, 2013).
Contacts: Jeffrey L. Poston, Jennifer S. Romano
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"California Supreme Court Holds that Collecting and Recording Zip Codes During Credit Card Transactions Violates California Law,"
Retail Law Alert
(February 14, 2011).
Contacts: Gregory D. Call, Jennifer S. Romano, Tracy E. Reichmuth
Media Mentions
Firm News & Announcements