William S. Rogers Jr.

William S. Rogers, Jr. represents a broad array of clients including technology companies, financial services institutions and their representatives, health care institutions and health care providers, product manufacturers, distributors and retailers, vendors and purchasers, construction contractors, and professional service providers in commercial and tort disputes. His representation includes contract disputes, intentional and business torts, medical negligence and wrongful death actions, products liability and warranty obligation actions, government and internal investigations, and often involves claims under statutory schemes, including the Uniform Commercial Code, Public Procurement statutes and regulations, Construction Mechanics liens, Payment and Performance Bond statutes, Unfair Competition and Unfair Trade Practice statutes and regulations, Misappropriation of Trade Secrets and Computer Fraud statutes, Data Security and Data Breach notification statutes and regulations, State and Federal Securities laws, and related class actions.

Bill is chair of the firm’s Data Privacy and Security and multidisciplinary Nanotechnology Practice Groups, which include attorneys from many of the firm’s traditional practices including corporate, employment, insurance and reinsurance, patent, trademark, copyright, and intellectual property law, products liability, litigation, OSHA, environmental, start-ups and renewable energy. Attorneys in our Data Privacy and Security and Nanotechnology Practice Groups work as a team to identify and resolve the unique legal challenges faced by our clients in these fields. Attorneys in both groups are active in industry forums, conferences, and webinars, they are frequent contributors to industry publications and journals, and collaborate often with strategic partners for Data Privacy matters in computer forensics, crisis response and data breach response fields, and for Nanotechnology in the toxicology, scientific, risk management, insurance consulting, business consulting, regulatory and industry standardization efforts taking place both nationally and globally. Bill’s data privacy practice focuses on civil and regulatory enforcement risk management and litigation, and in nanotechnology Bill’s practice focuses on compliance and risk management, pending future nanotechnology litigation.

Bill is a lecturer and frequent speaker at industry conferences and continuing legal education programs. He edits and/or writes articles on nanomaterial risk for the International Risk Management Institute, IRMI.com.  Bill returned to speak for the fourth consecutive year on emerging trends in Digital Law and Cybersecurity Standards of Care at the RSA Conference in San Francisco on February 15, 2017. Last year, Bill  presented a legal, safety and industrial hygiene panel examining a case study for an existing nanomaterial-enabled product creating a potential hazard in office workplaces in America at the annual American Industrial Hygiene Conference and Exposition (AIHce) in Baltimore, MD on May 23, 2016, and also spoke on Nanotechnology safety at the EHS Symposium at Nanotech 2016 on May 25, 2016 in Washington, D.C.

Bill is admitted to practice in all state courts in the Commonwealth of Massachusetts, the U.S. District Courts for the Districts of Massachusetts and the Northern District of Illinois, The U.S. Court of Appeals for the First Circuit, and the United States Supreme Court. He has also been admitted specially as lead trial counsel for cases in the state courts of Connecticut, California, Maine, and Rhode Island. Bill has appeared on behalf of clients in arbitrations conducted by The American Arbitration Association and self-regulatory organizations in the securities industry.

In a career spanning over 30  years, Bill has tried more than 45 major cases to judgments in courts or awards in arbitration. He has tried and managed complex commercial litigations, which often involve proprietary, trade secret, and technology-driven issues involving both closely held businesses and publicly traded companies. His representation includes complex product warranty and liability cases involving a wide variety of products, from hand­held power tools, electrical and power sub-components, software products, microprocessors and integrated circuits, silicon wafers, and heavy industrial machinery. Bill has defended a variety of medical specialists and medical institutions in alleged medical negligence and wrongful death jury trials resulting in more than 20 defense jury verdicts.

  • Boston University School of Law, J.D., 1986
  • Syracuse University Whitman School of Management, B.S., 1983
  • Massachusetts
  • United States Bankruptcy Court for the District of Massachusetts
  • United States Court of Appeals for the First Circuit
  • United States District Court for the District of Massachusetts
  • United States District Court for the Northern District of Illinois
  • United States Supreme Court
  • International Association of Privacy Professionals (2015 – Present)
  • Boston Bar Association, Litigation Section, member (2008-present)
  • Massachusetts Bar Association, Litigation Section, member (1986-2013)
  • American Bar Association, Litigation, Business, Products Liability and Tort and Insurance Practice Sections, member (1986-2009, 2016-present)
  • Worcester County Massachusetts Bar Association, Civil Litigation Section, member (1986-2009)
  • AV® Preeminent™ both Peer and Judiciary Review Rated
  • 2013-present: Selected for inclusion in The Best Lawyers in America® and New England’s Best Lawyers, (Woodward/White) in the areas of Commercial Litigation and Product Liability Litigation – Defendants
  • AVVO® rated, Superb, 10 out of 10
  • 2012-present: Named a “Massachusetts Super Lawyer” in the field of Business Litigation
  • 2010-2013: Board Member, City Year Legal Community Leadership Committee for City Year’s annual Boston’s Legal Community Breakfast
  • 2012-2015: Elected to Republican Town Committee, Hopkinton, MA
  • AAU Baseball Coach; Little League Baseball and Softball Coach; Little League Softball League Director; and Member, Board of Directors, Hopkinton Little League Baseball, Inc. (retired). 1997-2010
  • Lifetime Service Award 2009, Hopkinton Little League Baseball, Inc.
  • Volunteer of the Year 2008, Hopkinton Little League Baseball, Inc

 

  • Synanomet, LLC, Little Rock, AK., Advisory Board, 2014-present
  • Center for High-rate Nanomanufacturing, Northeastern University, Boston, MA, Board Member, Industrial Advisory Board (2014-present)
  • New England Nanotechnology Association, Founder and Chairman, Board of Directors, Boston, MA (2012-present)
  • Center for High-Rate Nanomanufacturing, University of Massachusetts Lowell, Lowell, MA, Board Member, Executive Advisory Board,(2011-present)
  • U.S. Delegate to ISO/ANSI Technical Committee 229 Nanotechnologies,(2009-present)
  • 720 Comstock Avenue, Inc., Charitable Housing Corporation for Pi Kappa Alpha Fraternity at Syracuse University, President and Director,(1990-present)
  • Pi Kappa Alpha Fraternity: Alpha Chi Chapter, Alumni Association, member,(1983-present)
  • Moderator, New England Nanotechnology Association Meeting, May 17, 2017
  • Moderator, New England Nanotechnology Association meeting on Incubators (INL, 3DFortify and MassChallenge) hosted by Prince Lobel Tye LLP, February 7, 2017
  • Presenter, “The $100 Million Question: What is the Cybersecurity Standard of Care?” – RSA Conference, San Francisco, CA, February 15, 2017
  • Quoted, “Nanotech Tort Litigation: The Sleeping Giant,”  Bloomberg BNA’s Product Safety & Liability Reporter, December 12, 2016
  • Moderator, New England Nanotechnology Association meeting hosted by Prince Lobel Tye LLP, September 15, 2016
  • Moderator, New England Nanotechnology Association meeting hosted by Rogers Corporation at the Kostas Center for Homeland Security in Burlington, MA, June 14, 2016
  • Presenter, “The Implications of State Regulatory Schemes Affecting Engineered Nanomaterials in the U.S., TechConnect World/Nanotech 2016 Conferences and Exposition, Washington, D.C., May 25, 2016
  • Presenter, Product Liability Exposures, Including Warning/Labeling of Engineered Nanomaterial Products, Association of Industrial Hygiene Conference and Exposition, Baltimore, MD, May 23, 2016
  • Presenter, “The $100 Million Question: Were Reasonable Cybersecurity Measures Taken?” – RSA Conference, San Francisco, CA, March 2, 2016
  • Presenter, “Nanotechnology and Food and Cosmetics” – 1st Annual Food Litigation ExecuSummit, Uncasville, CT, February 2, 2016
  • Moderator, New England Nanotechnology Association Meeting, FLEXcon Corp., December 8, 2015
  • Moderator, New England Nanotechnology Association Meeting, September 15, 2015
  • Moderator, New England Nanotechnology Association Meeting, May 13th, 2015
  • Moderator, “Big Tech’s Burden to Develop Predictive Indicators to Combat Cyber-Attacks” – RSA Conference, San Francisco, CA, April 23, 2015
  • Moderator, New England Nanotechnology Association Meeting,March 31, 2015
  • Panelist, “Nanomaterials Safety and Health: Strategies for Engineering Out Hazards during Production and Downstream Use” – BLR Webinar, December 8, 2014
  • Moderator, New England Nanotechnology Association Breakfast Meeting, December 4, 2014
  • Panelist, Sustainable Nanotechnology Organization Conference, November 3, 2014
  • Moderator and Panelist, “Legislation on Attorney Jury Voir Dire in Superior Court” – Prince Lobel seminar, Boston, MA, September 23, 2014
  • Moderator, New England Nanotechnology Association Breakfast Meeting, September 16, 2014
  • Moderator, New England Nanotechnology Association Meeting at CUMIRP at UMass Amherst, March 14, 2014
  • Panelist, “Liberty Reserve Money Laundering Case: The New Face of Cybercrime?” – RSA Conference, San Francisco, CA, February 27, 2014
  • Moderator, New England Nanotechnology Association Meeting, February 25, 2014
  • Panelist, “Data Breaches and Digital Disasters” – Prince Lobel seminar, November 14, 2013
  • Speaker, “Responsible Product Development – Food-Contact Textiles Containing Nanoscale Silver” – Society for the Study of
  • Nanoscience & Emerging Technologies – Fifth Annual Meeting, Boston, MA, October 29, 2013
  • Moderator, “EHS: Workplace Exposure Assessment for Nanomaterials” – Destination Nano, September 24, 2013
  • Moderator, “New England Nanotechnology Association Meeting,” September 14, 2013
  • Moderator, “New England Nanotechnology Association Meeting,” June 19, 2013
  • Moderator, Speaker, “Inaugural Meeting of New England Nanotechnology Association,” May 7, 2013
  • Speaker, Prince Lobel-Exponent, Inc. webinar presented by ISSA, the Worldwide Cleaning Industry Association, March 27, 2013
  • Speaker, “Consumer Labeling, Warnings, and Instructions for Nanomaterial Containing Products,” Society of Chemical Hazard Communication Conference, Alexandria, VA, September 2012
  • Speaker, Prince Lobel-Exponent, Inc. webinar on “Nanomaterial Hazard Communication, Labeling, and Warnings,” June 5, 2012
  • Organizer and Speaker, “Destination Nano: Concept to Commercialization” at UMass Lowell, Lowell, MA, May 15-16, 2012
  • Speaker, “Cyber Liability Institute,” New Jersey Institute for Continuing Legal Education, New Brunswick, NJ, December 5, 2011
  • Chair and speaker, “Drafting and Enforcing Warranties & Disclaimers,” Massachusetts Continuing Legal Education, Inc., Boston, MA, November 9, 2011
  • Featured, “Personal Data Loss and Thefts: What to Do?” New England Cable News, September 26, 2011
  • Speaker, “Preserving Nanotechnology as a Technological Beacon of Prosperity for Industry & Business in the 21st Century,” Chemistry Council of New Jersey’s 27th Annual Spring Conference, Galloway, N.J., May 2, 2011
  • Speaker, “The Next Small Step For Mankind – Nanotechnology’s Journey to Commercialization,” University of Massachusetts Lowell’s Nanomanufacturing Center of Excellence and Center for High-Rate Nanomanufacturing, Day Pitney LLP and Bluewater Consulting First Annual Collaborative Conference, Lowell, MA, April 12, 2011
  • Speaker, “The Potential Toxicity of Nanomaterials: Best Practices and What You Should be Doing Now,” Chemistry Council of New Jersey Health & Safety Committee Meeting, Parsippany, NJ, December 7, 2010
  • Panelist, “Nanotechnology Enabled Products: Advanced Litigation Preparedness,” ALM, Webinar, December 15, 2010
  • Chair and Speaker, “Cyber Liability in the Age of the New Data Security Laws,” Massachusetts Continuing Legal Education, Boston, MA, June 29, 2010
  • Moderator/Speaker, “Nanotech Conference & Expo 2010,” Tech Connect World Conference & Expo 2010, Anaheim, California, June 21-24, 2010
  • Interviewed, “Nanotechnology: A New Force For Human Betterment – Part II,” The Metropolitan Corporate Counsel, April 2010
  • Speaker, “Nanotechnology, Safety, Risk and the Environment,” North Carolina Nanotechnology Commercialization Conference, Greensboro, N.C., March 31 – April 1, 2010
  • Quoted, “UNH Chemistry Breakthrough Could Lead to ‘Chameleon’ Camo and Rollup TVs,” Mass High Tech, March 17, 2010
  • Interviewed, “Nanotechnology: A New Force for Human Betterment – Part I,” The Metropolitan Corporate Counsel, March 2010
  • Speaker, “Cyber Liability in an Automated Business Climate From Legislation to Litigation…How to Manage the Risk,” Day Pitney Seminar, Gillette Stadium Fidelity Club, Foxboro, MA, February 4, 2010
  • Speaker, “Nanotechnology Products in 2010: What You Need to Know Now About Warning, Labeling, and Instructions,” Day Pitney Webinar, January 21, 2010
  • Featured, “Massachusetts High Court Allows Lung Cancer Monitoring Claims to go Forward,” National Law Journal, November 2, 2009
  • Speaker, “Nanotechnology: The Next 10 Years,” Nanotechnology Health & Safety Forum, Seattle, WA, June 8-9, 2009
  • Moderator/Speaker, “Environmental, Health and Safety: Nanotechnology Policy, Regulation & Product Safety,” Nanotech 2009, Nano Science and Technology Institute (NSTI), Tech Connect World Conference & Expo 2009, Houston, TX, May 3-7, 2009
  • Commercial Contracts (Sublease): Successfully represented a national communications and securities industry publishing company in an action to recover over $325,000 in past due rent, utilities and operating expenses, and legal fees from an athletics manufacturing sub-tenant , under a commercial sub-lease agreement. Payment was obtained by filing suit, securing a trustee process attachment of the sub-tenant’s commercial bank account, and leveraging full payment of all past amounts due by the sub-tenant’s venture capital investor and by retaining its security deposit.
  • Commercial Contracts (Lease): Successfully resolved a $1.2 million claim against a client guarantor for past and future rent payments allegedly due from a municipal supply vendor tenant under a commercial lease agreement, with both a disputed lease termination and disputed renewal lease term.
  • Commercial Contracts/Products Liability: Successfully resolved a breach of contract suit seeking approximately $4 million in alleged contract damages and contractual attorney’s fees and costs between two publicly traded domestic technology companies. The successful resolution was obtained though effective assertion of product warranty and fraud claims by the client-defendant against both the supplier-plaintiff and its affiliated silicon integrated circuit wafer foundry.
  • Commercial Contracts/Products Liability: Successfully prosecuted and resolved a $1.8 million breach of contract and breach of warranty suit by a publicly traded audio-video teleconferencing products manufacturer against the privately held manufacturer of a defective custom business-to-business website and software product. The case involved a successful contempt trial against the defendant’s CEO for failure to adhere to terms of an injunction order and trustee process attachment concerning the ordinary course use of corporate funds pending trial.
  • Computer Fraud and Abuse/Theft of Trade Secrets: Successfully resolved claims by an award-winning healthcare-based software start-up client company against its former director of software engineering using equitable remedies and a combination of the Federal Computer Fraud and Abuse Act, related Massachusetts statutory anti- trade secret theft claims, and Massachusetts common law claims. The case centered on the alleged breach of two employment agreements, theft of trade secrets, and retention of proprietary software code information by the former engineer, who left our client without sharing any of his code work-product on demand and fled to Texas. We obtained a Federal ex parte Temporary Restraining Order to compel imaging of all of the defendant’s electronic devices in Texas, and served the defendant in Texas, where the devices were locally imaged. Later computer forensic review of the imaged data obtained from the defendant’s tablet, thumb drive and iPhone in Boston, demonstrated that the defendant had failed to produce five other external storage devices in alleged violation of the ex parte TRO order, three of which had been used during the last three months of defendant’s employment by our client. The Court then extended the ex parte TRO, granted an emergency motion to attach the defendant’s Massachusetts home which was listed for sale, and threatened to hold the sales proceeds in escrow. The Court subsequently granted our client a broader Preliminary Injunction, which compelled a prompt resolution of the matter by a substantial cash payment derived from the real estate attachment, and a voluntary injunction secured by a written agreement with substantial liquidated damages provisions in the event of any future breach.
  • Computer Fraud and Abuse/Theft of Trade Secrets: Successfully resolved claims by a public internet-based technology company client against a competitor and three former executives using a combination of the Federal Computer Fraud and Abuse Act, related Massachusetts statutory claims, and Massachusetts common law claims. The case centered on the theft of trade secrets and proprietary customer data and new product information by the three former executives who left our client and launched the competing company. We obtained complete images of all of the defendants’ electronic devices, and ultimately proved the data theft by expert computer forensic analysis of the defendants’ data. The matter was resolved by substantial cash payments and a voluntary non-solicitation, no-contact agreement relating to our client’s customers and prospects as secured by an agreement for judgment against all the defendants.
  • Computer Fraud and Abuse/Data Security: Successfully defeated allegations leveled against a non-party Ivy League university -affiliated teaching hospital in an underlying medical practice case, that an affiliated defendant physician had falsified the plaintiff patient’s electronic medical hospital record (EMR) for a patient visit in 2007, using the hospital’s proprietary electronic medical records software platform. The trial court had initially ordered a complete evidentiary hearing concerning the allegations and the integrity of the hospital’s EMR before our involvement, but ultimately we disproved the allegations to the satisfaction of counsel for both parties and the trial court, using a combination of expert computer forensic analysis to prove the secure nature of the EMR, and through electronic discovery from a Florida medical record transcription firm, which produced a previously undiscovered electronic copy of the defendant physician’s original dictated note transcription record, thereby proving the integrity of the EMR hospital record for the 2007 office visit in controversy.
  • Construction: Successfully mediated a $450,000 contract balance claim for a national life-safety systems subcontractor resulting in payment and elimination of potential counterclaims by a general contractor of more than $1.2 million in alleged project delay damages, for a Miami-area condominium project.
  • Construction: Successfully argued and obtained summary judgment as co-lead counsel for a general contractor against the Attorney General for the Commonwealth of Massachusetts, vacating a bid protest decision improperly finding the general contractor guilty of fraud during statutory pre-qualification to bid for a municipal public construction project.
  • Construction: Successfully mediated a $460,000 contract balance claim by a national building wall systems subcontractor in a matter of first impression, where the owner of the commercial building alleged that its general contractor’s bankruptcy filing and its subsequent project completion expenses barred the subcontractor’s payment claim based on its construction of the Massachusetts Mechanic’s Lien Statute, notwithstanding prior perfection of the subcontractor’s lien before the general contractor’s bankruptcy filing.
  • Data Security/Data Breach/Class Action: Successfully obtained dismissal as lead defense counsel of a putative class action initiated in Illinois state court against a national educational text book publisher for alleged disclosure violations of customer credit information under the Fair and Accurate Credit Transactions Act. The case was successfully removed to U.S. District Court in Illinois under the Class Action Fairness Act, and subsequently dismissed by a binding decision issued by the U.S. Court of Appeals for the Seventh Circuit after removal.
  • Medical Malpractice-Defense: Successfully obtained dismissal the week before trial of medical negligence claims against an orthopedic spinal surgeon, two third-year residents, and a major medical center, alleged to have improperly delayed spinal decompression surgery and treatment of Plaintiff’s Cauda Equina Syndrome as a surgical emergency, when the Plaintiff arrived at the medical center late at night, and her case was complicated by a 36-hour delay in treatment at the outlying hospital, as well as her body habitus and inability to fit inside an MRI scanner. Defendants maintained that delay was appropriate, necessary, and in the plaintiff’s best interests, in order to safely conduct the surgery during normal daytime surgical hours, using optimal OR and surgical staff, and non-surgical medical specialty emergency back-up services due to the lack of good MRI imaging to guide the surgery. After over three years of litigation, the case was dismissed with no payment by our clients.
  • Medical Malpractice-Defense: Successfully obtained dismissal of medical negligence claims against a psychiatrist alleged to have improperly prescribed Lithium to a pregnant teenage mother resulting in the birth of a child with Down’s syndrome, cardiac abnormalities requiring post-natal open heart surgery and permanent disabilities. After three years of litigation, the case was dismissed with no payment by our client.
  • Medical Malpractice-Defense: Successfully obtained summary judgment on medical negligence claims against an attending internal medicine physician alleged to have failed to timely diagnose and treat Cauda Equina Syndrome (lower spinal compression) as a surgical emergency, resulting in permanent neurological injury, including bowel and bladder dysfunction neuro-motor deficits in both lower extremities. The case was dismissed on proof that there was no genuine issue of material fact that the physician did not have a physician-patient relationship at the time of the alleged negligence by plaintiff.
  • Medical Malpractice-Defense: Successfully obtained partial summary judgment that our client, a large Boston area physician’s practice group, was duly organized as a charitable corporate entity under G.L. c. 231, §85K, entitled to the statutory limitation on liability of $20,000.
  • Medical Malpractice-Defense: Successfully obtained a stipulated dismissal of a negligence claim in state court against an internal medicine hospitalist following service of a motion for summary judgment proving the lack of a physician-patient relationship between the physician and plaintiff at the time of the negligence alleged by the plaintiff.
  • Medical Malpractice-Defense: Successfully obtained partial summary judgment on behalf of a large Central Massachusetts Hospital which was organized as a charitable institution entitled to a statutory limitation on its potential liability of $20,000 under Massachusetts statutory law.
  • Medical Malpractice-Defense: Successfully obtained dismissal of claims against a psychiatrist who was alleged to have negligently ordered Lithium for a pregnant patient who later gave birth to a child with Down’s Syndrome and congenital heart defects.
  • Medical Malpractice-Defense: Successfully defended and obtained dismissal of a medical malpractice action on behalf of a national health care system’s Florida subsidiary hospital and its emergency room physician in the U.S. District Court for the District of Massachusetts. The case was dismissed on constitutional jurisdictional grounds after the court found it lacked personal jurisdiction over the defendants in plaintiff’s wrongful death action which was instituted in Massachusetts in an alleged effort to circumvent stringent state law restrictions on filing medical malpractice actions in the State of Florida.
  • Products Liability-Defense: Successfully resolved a breach of contract and warranty suit against a domestic publicly traded electrical power component manufacturer brought by a publicly traded international manufacturer of wireless cellular communications products and software, seeking over $100 million in alleged compensatory damages and between $1-2.93 billion in alleged lost profits and lost investment damages.
  • Products Liability-Defense: Successfully resolved a breach of contract and breach of warranty arbitration claim by a publicly traded manufacturer of video-on-demand server products and software seeking $2 million in compensatory damages and over $30 million in lost profits damages against a client-defendant electrical power component manufacturer.
  • Public Procurement//Vendor-Purchaser/Unfair Trade: Successfully prosecuted and resolved unfair competition, business defamation and tortious interference suit by client-plaintiff, the largest manufacturer of public safety and law enforcement vehicles in the United States, against a large automotive dealer competitor and its agents, which resulted in retraction of the defamatory statements and preservation of the client-plaintiff’s position in the public contract marketplace.
  • Public Procurement//Vendor-Purchaser: Successfully defended a client-defendant public safety and law enforcement vehicle manufacturer’s $40 million contract award from a municipal cooperative procurement agency in a suit by an unsuccessful competitive bidder.
  • Unfair Trade Practices/Class Action: Successfully prosecuted and resolved an unfair trade practice consumer class action suit against a publicly traded operating system software manufacturer which resulted in a maximum settlement value of software and hardware product vouchers of $34 million in the Commonwealth of Massachusetts. Settlement was effected by the innovative use of the Massachusetts Consumer Protection Act’s statutory damages remedy, in conjunction with a motion for summary judgment seeking collateral estoppel enforcement of a federal judgment finding violations of federal and state antitrust and unfair trade practice statutes.