David J. Romanski
Senior Counsel
PRACTICE AREAS
Securities Litigation & Enforcement,
Business Litigation,
Alternative Dispute Resolution,
Professional Liability,
Intellectual Property Litigation
David Romanski regularly counsels clients on their obligations under the federal securities laws. He has extensive experience representing securities brokers and salespersons in regulatory inquiries by the SEC and the self regulatory authorities (NYSE, FINRA) and in connection with investigations by the SEC, federal prosecutors and other regulators of possible insider trading, unauthorized trading and other fraudulent acts. He also represents parties to arbitrations seeking damages for unsuitable investments or other fraudulent conduct. Mr. Romanski serves as an arbitrator for FINRA and the National Futures Association in securities and commodities disputes. Prior to entering private practice, Mr. Romanski served as Assistant General Counsel to the SEC and as Assistant Chief Counsel to its Division of Market Regulation.
Mr. Romanski also has conducted or participated in internal corporate investigations, including the investigation of a major biotech company in connection with claims of misrepresentations and the concealment of material facts relating to one of its premier, genetically engineered drugs.
Mr. Romanski has represented accountants in professional negligence matters, most recently representing a major accounting firm in multiple arbitrations alleging fraud and negligence in the sale of tax shelters. Mr. Romanski also represents clients in complex business litigation, product liability, and intellectual property matters involving copyrights, trademarks, and trade secrets.
In 2005, Mr. Romanski was named a Northern California Super Lawyer as the result of a joint research project conducted by Law & Politics and San Francisco magazines.
Mr. Romanski is a graduate of Fairfield University (B.A. 1967). He received his JD degree with honors from Catholic University of America and a Master of Law from the University of Pennsylvania.
Representative Cases
- Represented the CEO of a Fortune 500 corporation in class action litigation in federal and state courts alleging fraud and misrepresentation in connection with a corporate acquisition, the disclosure of which allegedly caused a $9 billion one day drop in the corporation's market capitalization.
- Represented the Investment Pool of a large California county in an action against a major retail broker-dealer and its employee and former county officials alleging improper payments to the county officials to obtain Pool investment business.
- Represented the same county's Employee Retirement Association in an action against its investment advisor for losses exceeding $50 million incurred in violation of the agreed upon investment guidelines.
- Successfully argued a Ninth Circuit appeal that articulated new standards for "use in commerce" of a service mark. Chance v. PacTel Teletrac, 242 F.3d 1151 (9th Cir. 2001).
- Represented a company accused of computer fraud and abuse, misappropriation of trade secrets, trespass to chattels and unfair competition arising out of the unauthorized access to plaintiff's confidential and proprietary computer information.
- Represented a movie production company in a copyright action alleging that the sound track of its movie included a song that improperly included a "sample" from one of plaintiff's songs.
- Represented an automobile manufacturer and its advertising agency against copyright claims by a world famous rock group that defendants misappropriated the group’s signature song for use in defendant’s commercials.
- Represented defendant state firefighters’ association in trademark infringement action alleging that a link on defendant’s website directed persons to a third party vendor who sold emblems that plaintiff alleged infringed its trademark. The case settled on terms favorable to defendant.
- Represented defendant in an action for breech of licensing agreement for software.
- Represented defendant in theft of trade secret matter relating to bacterial testing technology.
CONTACT
phone: (415) 352-3000
direct: (415) 277-9006
fax: (415) 352-3030
dromanski@chapop.com
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