Photograph of Jennifer S. Romano

Jennifer S. Romano

Partner


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, 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.

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.

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

Education

  • University of California, Los Angeles, B.A., political science, magna cum laude, Phi Beta Kappa
  • University of California, Berkeley School of Law, J.D. (1997) Order of the Coif, executive editor of the Berkeley Women’s Law Journal

Affiliations

Admitted to practice: California

View More

Chambers USA 2022 Ranks 70 Crowell & Moring Lawyers and 37 Practice Areas Among Best in U.S. (June 1, 2022)
Firm News / Announcement
Crowell & Moring gains experienced brand protection litigator Jason Stiehl in Chicago The Trademark Lawyer (May 6, 2022)
Press Coverage
"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).
Speech/Presentation
Crowell & Moring Achieves Victory in Reproductive Rights Litigation in Kentucky (April 25, 2022)
Firm News / Announcement
Crowell & Moring Adds Labor And Employment Partner Law360 (February 25, 2022)
Press Coverage
"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
Client Alert / Newsletter
Metro Moves: Centennial Airport's New Captain The Denver Gazette (October 24, 2021)
Press Coverage
Crowell & Moring To Launch In Denver With Seven-Lawyer Team The Global Legal Post (October 15, 2021)
Press Coverage
Crowell & Moring Opens in Denver (October 14, 2021)
Firm News / Announcement
Los Angeles Business Journal Names Jennifer Romano to 2021 Leaders of Influence: Litigators & Trial Attorneys List (July 15, 2021)
Firm News / Announcement

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Crowell & Moring LLP is an international law firm with offices in the United States, Europe, MENA, and Asia that represents clients in litigation and arbitration, regulatory and policy, and transactional and corporate matters. The firm is internationally recognized for its representation of Fortune 500 companies in high-stakes litigation and government-facing matters, as well as its ongoing commitment to pro bono service and diversity, equity, and inclusion.

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