Professional Experience
Román handles significant litigation matters across the U.S. His ability to obtain favorable results is consistently strong. Some of America’s largest corporations rely on his counsel and have retained him for his experience and expertise. He has a national litigation practice and focuses on the areas of employment law and commercial litigation. He has particular experience in the defense of employers against claims filed by former, current, and prospective employees for allegations of discrimination, harassment, constructive discharge, wrongful discharge, and for alleged wage and hour violations in both state and federal courts, including class action litigation. He provides general employment advice to employers of all sizes related to employment policies and practices. Additionally, Román has an extensive commercial litigation practice and regularly represents clients in litigation involving breach of contract matters, defense of consumer protection claims, and defense of fraud claims among others, including class action defense.
Román represents clients, in a variety of industries including energy, retail, telecommunications, agribusiness, health and hygiene, software development, manufacturing, logistics, transportation, in addition to educational institutions. He has appeared in federal courts in Oregon, Washington, Idaho, California, Texas and Pennsylvania on behalf of firm clients, and has presented oral argument to the U.S. Court of Appeals for the Ninth Circuit. He also acts as lead counsel in class action disputes at the state and federal level.
Representative Cases/Matters
- Ethan Lewis v. Continuum Global Solutions, LLC, AAA Arbitration (March 17, 2023), following a five-hour arbitration hearing, complete defense ruling on claimant’s claim of overtime asserted under both state and federal laws for alleged off-the-clock work. Eight other former employees alleged identical claims through individual arbitration proceedings, but voluntarily dismissed them at different stages in the proceedings which saved the client resources and inconvenience.
- Dickson v. Continuum Global Solutions, LLC, 2022 WL 847215 (N.D. Tex. Mar. 22, 2022) (successful dismissal of a potential nationwide Fair Labor Standards Act collective action and order that plaintiffs must pursue their claims in arbitration).
- Meredith Lodging LLC v. YapStone, Inc., Lincoln County Circuit Court, Case No. 20CV22195 (July 2020) (favorably resolved various claims against online payment processor in excess of $2.6 million after moving to dismiss lawsuit).
- De Borja v. International Container Terminal Services, Inc. et al., 2019 U.S. Dist. LEXIS 167024 (D. Or. Aug. 16, 2019) (successful dismissal of lawsuit against Manila-based ICTSI, Inc.; its owner and CEO Mr. Enrique K. Razon, Jr.; and ICTSI Oregon, Inc. who were sued for $385 million by plaintiffs who alleged 22 separate claims that included fraud, breach of fiduciary duty, civil conspiracy, misappropriation, and conversion in a 128-page complaint). U.S. Magistrate’s Findings and Recommendations adopted, 2019 U.S. Dist. LEXIS 165075 (D. Or. Sept. 25, 2019), aff’d, 2020 WL 6441186 (9th Cir. Nov. 3, 2020) (represented the client on appeal; a unanimous 3-judge panel agreed with our arguments and upheld dismissal of the lawsuit).
- On behalf of out-of-state Tribal entities, Case No. 3:18-CV-01651-AC (D. Or. 2018) (favorably resolved putative class action alleging violations of Oregon consumer lending laws for Tribal online lending entities after moving to dismiss lawsuit).
- On behalf of out-of-state reinsurer, Case No. 3:18-CV-01917-MO (D. Or. 2018) (favorably resolved a $1.8 million breach of contract dispute after creatively identifying and asserting a counterclaim).
- Luke v. Target Corporation, 2018 WL 2144347 (D. Or. May 9, 2018) (dismissed part of a wrongful discharge claim which led to favorable resolution of lawsuit).
- White v. Albertsons LLC, Multnomah County Circuit Court, Case No. 17CV04376 (complete defense ruling at conclusion of 5-hour arbitration hearing including award of costs and disbursements in favor of client and against plaintiff).
- Morales v. Interstate Meat Distributers, Inc., Oregon Supreme Court, Case No. S065554 (Mar. 2018) (successfully opposed writ of mandamus which sought discovery of expert witnesses).
- Hamilton v. Wal-Mart Stores, Inc. 2017 WL 4355903 (C. Dist. Cal. Sept. 29, 2017) (successful opposition of motion to remand to state court in putative wage and hour class action).
- Hernandez v. FedEx Freight, Inc. et al., 2017 WL 3120271 (D. Or. July 21, 2017) (dismissing state law “aiding and abetting” claim against two out of three individually named supervisors, which led to a favorable resolution of the lawsuit).
- Bryan v. Wal-Mart Services, Inc. 2014 WL 841532 (W. Dist. Wash. Mar. 4, 2014) (dismissing, with prejudice, disability discrimination nationwide putative class action that alleged that client’s policy violated American with Disabilities Act as to pharmacists who are recovering drug addicts and alcoholics), aff’d, 2016 WL 6212004 (9th Cir. Oct. 25, 2016) (represented the client on appeal; a unanimous 3-judge panel agreed with our arguments and upheld dismissal of the lawsuit).
- Foley Enterprises, Inc. v. Frontier Communications Northwest, Inc., Case No. 3:16-CV-00425-HZ (D. Or. 2016) (favorably resolved a lawsuit alleging fraud and unjust enrichment after moving to dismiss or stay the lawsuit).
- Tecta America Corp. v. Viewpoint, Inc. Case No. 3:15-02214-HZ (D. Or. 2015) (favorably resolved a computer software dispute after moving to dismiss the claims for fraud and consequential damages alleged by the nation’s largest commercial roofing company with more than $4 million in damages at stake).
- De la Mora v. Target Corporation, Case No. 3:15-cv-00209-PRM (W. Dist. Tex 2015) (favorably resolved Title VII and 42 U.S.C. Section 1981 national origin and discrimination/relations claims the day after deposing the plaintiff, who sought compensatory and punitive damages).
- First Pacific Funding v. Frontier Communications Corp., Case No. C14-00744-RMS (W. Dist. Wash. June 2015) (resolved a consumer protection putative class action on favorable terms after successfully defeating the plaintiff’s attempt to dismiss clients’ counterclaim for attorneys’ fees).
- Fog Cap Acceptance, et al. v. Verizon Business Network Services, Inc., 2014 WL 6064217 (D. Or. Nov. 12, 2014) (dismissal of lawsuit alleging breach of contract, bailment, and negligence claims related to the alleged loss and destruction of the plaintiffs’ computer software, for which plaintiffs claimed $11.5 million in economic damages)
- Alvarez v. Target Corporation, 2013 U.S. Dist. LEXIS 96509 (E. Dist. Wash. July 10, 2013) (dismissal of lawsuit alleging various state law torts including outrage/IIED, breach of promise, and negligent infliction of emotional distress, as well as a Washington Consumer Protection Act claim).
- Rask v. USA Technologies, Inc., Multnomah County Circuit Court, Case No. 121013299 (favorably resolved putative wage and hour class action on behalf of national construction company for alleged violations of Oregon wage laws).
- Johnston v. Kimberly-Clark Global Sales, LLC, 2010 U.S. Dist. LEXIS 144088 (D. Or. Aug. 19, 2010) (dismissal of lawsuit alleging an intentional interference with economic relations claim).
- DeBaugh v. Greyhound Lines, Inc., 693 F. Supp. 2d 1253 (D. Or. 2009) (dismissal of negligent entrustment claim asserted against a motor carrier).
- Marquez Brothers Northwest, Inc. v. Hurtado Trucking, LLC, Multnomah County Circuit Court, Cast No. 080811247 (successful prosecution of claim for damages sustained by national producer of Mexican foods while its products were in transit).
- Surber v. Wal-Mart Stores, Inc., Umatilla County Circuit Court, Case No. CV040529 (dismissal of lawsuit alleging workers’ compensation discrimination and retaliatory discharge claims).
Representative matters may include engagements before joining Cable Huston, LLP.
Speaking Engagements
- “DEI Lessons Learned,” Partners in Diversity CEO Forum, December 1, 2022.
- “The Uncertain Future of Noncompetes: Trends in Federal and State Limitations on Use and Enforcement of Restrictive Convenants,” HNBA Annual Convention, September 2022.
- “Depositions During the Pandemic: Using Technology for Safe and Effective Witness Preparation and Examination,” Oregon State Bar Association, Business Litigation Section, October 2020.
- “The Corporate Designee: Avoiding Traps and Pitfalls,” Multnomah Bar Association, Young Lawyers Division, November 2019.
- “‘ME, Inc.’ – The Ins and Outs of Developing Your Brand and Owning Your Career,” HNBA Annual Convention, September 2016.
- “Leadership Skills for Lawyers,” HNBA Corporate Counsel Conference, March 2015.
- “Legal Writing: Elevator to Success or Nearest Pitfall. Where Do You Stand?” HNBA Annual Convention, August 2014.
- “Saying Goodbye Is Hard to Do: Challenges of Employment Termination,” HNBA Corporate Counsel Conference, March 2014.
Publications
- Co-author, “SCOTUS Invalidates CA Law Preventing Arbitration of Individual PAGA Claims When a Valid Arbitration Agreement Exists,” Troutman Pepper, June 17, 2022.
- Co-author, “SCOTUS Resolves Circuit Split: A Showing of Prejudice Not Required to “Waive” Right to Arbitration,” Troutman Pepper, May 25, 2022.
- Co-author, “Federal Arbitration Act Will Likely Be Amended to Prohibit Pre-Dispute Arbitration Clauses for Sexual Assault and Sexual Harassment Claims.” Troutman Pepper, February 14, 2022.
- Co-author, “Noncompete Agreements and The Great Resignation,” Troutman Pepper, August 13, 2021.
- Co-author, “Viewpoint: Looking to Mandate a Jab? What Oregon Employers Need to Know Before Requiring Workers Get Vaccines,” Portland Business Journal, April 26, 2021
- Co-author, “Oregon Employment Law Update,” Troutman Sanders Advisory, July 17, 2019