Eduardo G. Roy
Eduardo G. Roy is a Founding Partner of Prometheus Partners LLP, a diverse group of accomplished former Big Law Partners and Executive In House counsel who chose a name that reflected their approach to the practice of law: Prometheus.
Mr. Roy attended Amherst College and Vanderbilt University Law School. Prior to founding Prometheus Partners, Mr. Roy was a partner at DLA Piper.
As lead counsel in employment and labor matters: Eduardo Roy has successfully handled both class-‐action employment matters and single plaintiff discrimination matters. Specifically, Mr. Roy has handled wage and hour class actions and ERISA class-‐actions. Mr. Roy has also negotiated on behalf of the company regarding labor issues against the Hotel Employees and Restaurant Employees Union.
As lead counsel in government investigations: Eduardo Roy has conducted internal investigations in response to government subpoenas on behalf of the company, defended individual senior corporate officials in response to government subpoenas and represented companies and/or individuals in FCPA, OFAC, Criminal Enforcement against Off-‐Label Promotion, Criminal Antitrust, Criminal Securities Fraud, Bankruptcy Fraud and Obstruction of Justice
As lead counsel in complex litigation: Eduardo Roy successfully handled multi-‐billion dollar exposure privacy litigation, predatory lending matters for financial institutions, product liability litigation and advised the California Legislature on constitutional law questions.
As lead counsel Eduardo Roy tried to verdict jury trials in the areas of: trademark infringement, trade secret, international financial transactions, bank fraud, improper lobbying activities, and government contracts and securities fraud. He has also successfully argued numerous Ninth Circuit appeals.
Prior to entering private practice, Mr. Roy was selected as trial counsel for the Independent Counsel of the United States, where he convicted the senior vice president of an agricultural cooperative of giving gratuities to Mike Espy, the former Secretary of the United States Department of Agriculture. As an Assistant United States Attorney (AUSA) for the Northern District of California, Mr. Roy conducted numerous international and domestic investigations on behalf of the office of Inspector General, Secret Service, Federal Bureau of Investigations, the Drug Enforcement Administration and Customs.
Representative List of Employment Matters
United States v. Chevron (FCPA): Mr. Roy defended the former Vice Chairman of ChevronTexaco in a Federal Corrupt Practices Act (FCPA) investigation regarding ChevronTexaco’s dealings in Kazakhstan. No charges were brought against the Vice Chairman.
United States v. PurchasePro (Securities Fraud): Mr. Roy successfully defended the Executive Vice President Corporate Development and Acting Chief Financial Officer in a securities fraud case. In this matter the CEO, COO, Chief Accounting Officer, and Vice President Sales were all indicted and convicted. The Executive Vice President Corporate Development and Acting Chief Financial Officer was neither convicted nor indicted.
United States v. Japanese Company (OFAC): Mr. Roy successfully represented a leading Japanese company and its U.S. subsidiary in a criminal investigation brought by the Office of Foreign Asset Control (OFAC).
United States v. Genentech (Health-‐Care Fraud): Mr. Roy successfully represented a senior executive in a health-‐care fraud investigation.
United States v. John Doe (Bankruptcy Fraud): Mr. Roy successfully defended the owner and CEO of a food manufacturing company in a Bankruptcy Fraud investigation.
United States v. Coyote Valley Shodakai Casino (Indian Gaming): Mr. Roy successfully defended an Indian Gaming Casino from being “shut-‐down” and having hundreds of slot machines confiscated in a civil forfeiture by the United States Attorney for the Northern District.
United States v. John Doe: Mr. Roy successfully defended a City Councilman from being indicted in two separate government fraud investigations.
Partial List of Reported Decisions
Coyote Valley Band of Pomo Indians v. California (In re Indian Gaming Related Cases Chemehuevi Indian Tribe), 331 F.3d 1094 (9th Cir. 2003) [NOS: (890) Other Statutory Actions; Cause: Fed. Question]
Indian Gaming Related Cases v. California, 147 F. Supp. 2d 1011 (2001 U.S. Dist. LEXIS 12452)
Funkhouser v. Wells Fargo, N.A., 289 F.3d 1137 (9th Cir. 2002) [NOS: (710) Fair Labor Standards Act]
In re Vaccine Cases, 134 Cal. App. 4th 438 (36 Cal. Rptr. 3d 80; 2005 Cal. App. LEXIS 1840)
Partial List of Successful Appellate Arguments
U.S. v. Henderson, 68 F.3d 323 (9th Cir. 1995)
U.S. v. Nordby, (1998 U.S. App. LEXIS 17655 (9th Cir. July 30, 1998))
U.S. v. Tak Yan Lo, (1998 U.S. App. LEXIS 2133 (9th Cir. December 9, 1997))
U.S. v. Boschetti, (1997 U.S. App. LEXIS 15511 (9th Cir. May 7, 1997))
U.S. v. Kremer, (1996 U.S. App. LEXIS 33232 (9th Cir. November 8, 1996))
The Executive’s Guide to Understanding The Laws Behind White Collar Crime: (contributing article) A Step By Step Look At Defending A Corporation
Eduardo G. Roy & David P. Morales, Initiation of a Criminal Claim, in Trade Secret Litig. and Prot. in Cal., Chap. 16 (Randy Kay & Bec Edelson eds., Supp. 2011).
In 2005 and 2007, the San Francisco Hispanic Chamber of Commerce, along with the San Francisco Business Times named Eduardo Roy as one of the 25 most influential Hispanics in the Bay Area. Mr. Roy has been named a Northern California Super Lawyer on multiple occasions in Law & Politics and San Francisco magazines, and ranked as one of the 10 most influential African Americans in San Francisco by Cityflight magazine in 2006. Mr. Roy has an AV® rating by Martindale-‐Hubbell. Mr. Roy currently serves as general counsel to the National Latino Peace Officers Association (NLPOA) from 2002 through Present. He was recently named to the Vanderbilt Law School Board of Advisors.
Mr. Eduardo serves on the Law360 Privacy & Consumer Protection Editorial Advisory Board.
Mr. Roy is a former faculty member for the National Institute for Trial Advocacy. His teaching experience includes presenting courses in grand jury investigations at the U.S. Department of Justice Drug Enforcement Administration, complex litigation for the National Black Prosecutor’s Association, trial advocacy at Stanford Law School, and appellate advocacy at Boalt Law School.
Fluent in Spanish