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Romaine Marshall

Partner

222 South Main Street, Suite 2200, Salt Lake City, UT 84101

Romaine is a business litigation and trial attorney. He has represented a variety of companies in state and federal courts nationwide and has been lead counsel in numerous jury trials.

In 2017, he obtained successful outcomes in three complex business cases involving juries that included breach of contract, trade secret misappropriation, negligence, and fraud claims.

Romaine also specializes in cybersecurity and privacy law. He has been lead counsel on more than fifty cases involving data breaches, ransomware, dedicated denial of service attacks (DDoS), phishing scams, wire fraud, social engineering, and other exploits. Romaine has also represented and advised companies in disputes involving emerging technologies.

He frequently presents on cybersecurity issues addressing industry and regulatory compliance, risk, vendor management, and corporate governance. Romaine leads H&H’s Hi-Tech Hub which analyzes the implications of emerging technologies (such as blockchain, AI, IoT, drones, robotics, unmanned vehicles) and their intersection with business laws, including cybersecurity and privacy.

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Client Results

Privacy and Cybersecurity
  • Obtained dismissal of class action lawsuit against national grocery store in data breach case stemming from a cyberattack.

  • Has successfully defended data centers in data loss, theft, and breach litigation in state and federal courts.

  • Worked with the FBI to block fraudulent wire transfers of funds from a US heavy machinery company to European banks.

  • Advised US insurance companies with compliance issues relating to New York Department of Financial Services cybersecurity regulations.

  • Advised and defended global SaaS provider throughout regulatory investigation involving personal information.

Software and Technology Litigation
  • Obtained injunctive relief and favorable settlement for telecommunications provider in data breach and misappropriation of trade secrets case.

  • Successfully opposed attempts to cease operations of software company in California and defended company’s former CEO in Utah against claims for fraud, data theft, and trade secret 

  • Successfully defended software distribution and CRM company in California and negotiated voluntary dismissal of all claims by software manufacturer. 

Financial and Technical Services Litigation
  • In bench trial, successfully defended multistate bank in breach of contract claims by Utah developer.        

  • Obtained consent judgment on behalf of multinational manufacturer of industrial hygiene products against unauthorized distributor under deceptive trade practices statutes.  

  • Secured summary judgment and dismissal for real estate finance company accused of violating the Utah Unfair Practices Act. 

Energy and Natural Resources Litigation
  • Successfully protected geothermal energy exploration and development rights of renewable energy companies against challenge by special interest group in Oregon.

  • Litigated, mediated, and negotiated favorable outcomes for global oil and gas company in Utah, Idaho, Louisiana, Georgia, Florida, and Mississippi in cases involving enforcement of wholesaler marketing and incentive agreements.   

  • Administered and defended data governance policies and procedures on behalf of global oil and gas company in multi-million dollar oil spill case. 

Regulatory Litigation and Investigations
  • Successfully petitioned administrative board to renew low-level radioactive waste disposal permits and defeated renewal challenge by former CEO.

  • On behalf of the Utah Department of Insurance, obtained contempt of court order leading to incarceration of corporate officer and recovery of illegal investments.         

  • Administered data governance and containment strategy in collaboration with the FBI, SEC, and IRS against a $200 million real estate company investigated for Securities Act violations.  Obtained contempt of court order and judgment against principal of company for violations of data and asset recovery order. 

News

Publications

Speaking Engagements

Education

Bar Admissions

Recognition

  • Mountain States Super Lawyers®, Rising Stars, Business Litigation, 2008, 2011
  • Utah Federal Bar Association, Pro Bono Award Recipient, 2009
  • Utah Business Magazine, Utah Legal Elite, 2005-2009, Civil Litigation, 2015-2018

Professional and Civic Affiliations

  • Utah Bar Association Office of Professional Conduct, Ethics and Disciplinary Committee Member
  • Utah State Bar, Litigation Section, Member
  • American Bar Association, Member
  • American Trial Lawyers Association, Member
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