William S. Rogers, Jr. represents a broad array of clients including technology companies, financial services institutions, health care institutions and health care providers, real estate developers, property managers, product manufacturers, distributors and retailers, bid vendors and purchasers, construction contractors and suppliers, and professional service providers in commercial and tort disputes. His representation includes commercial contract and performance disputes, commercial lease disputes, intentional and business torts, data breach incidents, medical negligence and wrongful death actions, products liability and warranty obligation actions, government and internal investigations, and claims under statutory schemes, including states’ Consumer Privacy statutes, the Computer Fraud and Abuse Act, Data Security and Data Breach notification statutes and regulations 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 related statutes, State and Federal Securities laws, and related class actions.
In May of 2022, Bill was named a Fellow of the Litigation Counsel of America, a trial lawyer honorary society composted of less than one percent of American lawyers. Fellowship is highly selective and by invitation only. Fellows are selected based upon excellence and accomplishment in litigation both at the trial and appellate levels, and superior ethical reputation.
In November of 2021, Bill was named a member of the Fellowship of the Construction Lawyers Society of America. The Construction Lawyers Fellowship is an invitation-only, selective and limited membership international association of the world’s best construction lawyers. The composition of the CLSA is aggressively diverse, with recognition of deserving, experienced and highly qualified lawyers across all practices relating to the construction industry.
In a career spanning over 33 years, Bill has tried more than 45 major cases (those over a week in length) to judgments in courts or awards in arbitration. He has litigated over 50 construction arbitrations in over a dozen eastern states, and over 70 securities arbitrations before several self-regulatory organizations. Bill has also managed complex commercial litigations, which often involve injunctive relief to maintain the status quo or to protect proprietary, trade secret, and technology-driven issues involving both closely held businesses and publicly traded companies. His tort representations include complex product warranty and liability cases involving a wide variety of products, such as handheld power tools, electrical and power sub-components, software products, microprocessors and integrated circuits, silicon wafers, and heavy industrial machinery. Bill has also 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.
Bill is chair of the firm’s multidisciplinary Data Privacy and Security and Nanotechnology Practice Groups, both of 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, are frequent contributors to industry publications and journals, and collaborate often with strategic technology partners for Data Privacy matters in the computer forensics, crisis response, and data breach response fields, and for Nanotechnology in toxicology, risk management, insurance consulting, business consulting, and 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. 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 has published articles in the legal fields of data privacy and security, commercial contracts and warranties, products liability, and on nanomaterial risk. Bill has spoken for six years on the policy trends and the challenges businesses face in complying with the patchwork of global data security and privacy laws at the RSA Conference in San Francisco. Bill also led a program panel on the need to harmonize global data privacy and security laws at IAPP Privacy. Security. Risk 2018 in Austin, TX.
Bill is admitted to practice in all state courts in the Commonwealth of Massachusetts, the U.S. District Courts for the Districts of Massachusetts, Connecticut, 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.
November 2022: Named a “Go To Cybersecurity/Data Privacy Lawyer for 2022” by Massachusetts Lawyers Weekly. A “Go To Lawyer” is a leader in the field of practice with a long record of success. “Go To Lawyers” are nominated by peers and chosen by a Lawyers Weekly panel.
May 2022: Named a Fellow of the Litigation Counsel of America, a trial lawyer honorary society composted of less than one percent of American lawyers. Fellowship is highly selective and by-invitation only.
November 2021: Named to the Fellowship of the Construction Lawyers Society of America, an invitation-only, selective and limited membership international association of the world’s best construction lawyers.
2020: Named “Lawyer of the Year” in 2020 by Best Lawyers® for work in Product Liability Litigation – Defendants in the city of Boston. Only a single lawyer in product liability litigation in Boston is honored with this designation each year.
2012 – present: Martindale-Hubbell AV® Preeminent™ both Peer and Judiciary Review Rated
2013 – 2024: Recognized by The Best Lawyers in America® in the fields of Commercial Litigation and Product Liability Litigation – Defendants
AVVO® rated, Superb, 10 out of 10
2012 – 2023: Selected to the Massachusetts Super Lawyers List 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
2009: Lifetime Service Award, Hopkinton Little League Baseball, Inc.
2008: Volunteer of the Year, Hopkinton Little League Baseball, Inc
January 2019: Quoted in LegalTechNews on Massachusetts laws on data breach notifications and best practices for companies
June 2018: Sharon Merrill Blog, “A Cybersecurity Conversation with Prince Lobel”
April 2018: The SciTech Lawyer, “Why It’s Now Time for an Internationally Harmonized Legal Regime for Information Security and Privacy,” with Charles Cresson Wood and Ralph Spencer Poore
December 2017: Information Systems Security Association Journal, “A Simple Appeal to Common Sense: Why the Current Legal & Regulatory Regime for Information Security & Privacy Doesn’t Work, and Cannot Be Made to Work,” with Charles Cresson Wood and Ralph Spencer Poore
February 2012: Chemical Regulations Reporter, “Labeling and Warning for Products Containing Engineered Nanomaterials: Learning From the Past or Doomed to Repeat It”
January 2012: Expert Evidence Report, “Best Uses of Experts in Producing Labels and Warnings for Products Containing Engineered Materials”
January 2012: Occupational Safety & Health Reporter, “Labeling and Warning for Products Containing Engineered Nanomaterials”
July 2011: Toxics Law Reporter, “Engineered Nanomaterials in the Workplace: What to Do When the Genie is Out of the Bottle”
July 2011: Toxics Law Reporter, “BNA Insights: Engineered Nanomaterials in the Workplace,” with Joyce S. Tsuji, David L. Dahlstrom, Steven R. Arndt, and Joseph A. Clark
April 2010: The Risk Reporter, “Nanotechnology: Insurance and Risk Management Implications,” with John P. Scordo, Joseph A. Clark, Richard C. Pleus, Diane R. Wetherington, and Stuart T. Cowart
March 2010: Toxics Law Reporter, “BNA Insights: The Legal Landscape for Medical Monitoring Claims,” with Jonathan I. Handler and Florice E. Engler
March 2010: Toxics Law Reporter, “Growing Number of States Recognize Medical Monitoring Claims”
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.
2014 – present: Synanomet, LLC, Little Rock, AK., Advisory Board
2014 – present: Center for High-rate Nanomanufacturing, Northeastern University, Boston, MA, Board Member, Industrial Advisory Board
2012 – present: New England Nanotechnology Association, Founder and Chairman, Board of Directors, Boston, MA
2011 – present: Center for High-Rate Nanomanufacturing, University of Massachusetts Lowell, Lowell, MA, Board Member, Executive Advisory Board
2009 – 2013: U.S. Delegate to ISO/ANSI Technical Committee 229 Nanotechnologies
1990 – present: 720 Comstock Avenue, Inc., Charitable Housing Corporation for Pi Kappa Alpha Fraternity at Syracuse University, President and Director
1983 – present: Pi Kappa Alpha Fraternity: Alpha Chi Chapter, Alumni Association, member, (1983-present)
1997-2010: 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).
May 2019: Panelist, RSA Conference, “Global Regulatory Trends in Privacy and Cybersecurity for 2019”
April 2018: Moderator, RSA Conference, “A Call To (H)arms: The Cry for Harmonization of Security and Privacy Laws”
March 6, 2018: Guest Lecturer, Francis College of Engineering, University of Massachusetts – Lowell, “Initial Considerations in Business and Intellectual Property–What Entrepreneurs Need to Know”
September 28, 2017: Moderator, New England Nanotechnology Association Meeting
May 17, 2017: Moderator, New England Nanotechnology Association Meeting
February 7, 2017: Moderator, New England Nanotechnology Association meeting on Incubators (INL, 3DFortify and MassChallenge) hosted by Prince Lobel Tye LLP
February 15, 2017: Presenter, RSA Conference, San Francisco, CA, “The $100 Million Question: What is the Cybersecurity Standard of Care?”
December 12, 2016: Quoted, Bloomberg BNA’s Product Safety & Liability Reporter, “Nanotech Tort Litigation: The Sleeping Giant”
September 15, 2016: Moderator, New England Nanotechnology Association meeting hosted by Prince Lobel Tye LLP
June 14, 2016: Moderator, New England Nanotechnology Association meeting hosted by Rogers Corporation at the Kostas Center for Homeland Security in Burlington, MA
May 25, 2016: Presenter, TechConnect World/Nanotech 2016 Conferences and Exposition, Washington, D.C., “The Implications of State Regulatory Schemes Affecting Engineered Nanomaterials in the U.S.”
May 23, 2016: Presenter, Association of Industrial Hygiene Conference and Exposition, Baltimore, MD, Product Liability Exposures, Including Warning/Labeling of Engineered Nanomaterial Products
March 2, 2016: Presenter, RSA Conference, San Francisco, CA, “The $100 Million Question: Were Reasonable Cybersecurity Measures Taken?”
February 2, 2016: Presenter, 1st Annual Food Litigation ExecuSummit, Uncasville, CT, “Nanotechnology and Food and Cosmetics”
December 8, 2015: Moderator, FLEXcon Corp., New England Nanotechnology Association Meeting
September 15, 2015: Moderator, New England Nanotechnology Association Meeting,
May 13, 2015: Moderator, New England Nanotechnology Association Meeting
April 23, 2015: Moderator, RSA Conference, San Francisco, CA, “Big Tech’s Burden to Develop Predictive Indicators to Combat Cyber-Attacks”
March 31, 2015: Moderator, New England Nanotechnology Association Meeting
December 8, 2014: Panelist, BLR Webinar, “Nanomaterials Safety and Health: Strategies for Engineering Out Hazards during Production and Downstream Use”
December 4, 2014: Moderator, New England Nanotechnology Association Breakfast Meeting
November 3, 2014: Panelist, Sustainable Nanotechnology Organization Conference
September 23, 2014: Moderator and Panelist, Prince Lobel seminar, Boston, MA, “Legislation on Attorney Jury Voir Dire in Superior Court”
September 16, 2014: Moderator, New England Nanotechnology Association Breakfast Meeting
March 14, 2014: Moderator, New England Nanotechnology Association Meeting at CUMIRP at UMass Amherst
February 27, 2014: Panelist, RSA Conference, San Francisco, CA, “Liberty Reserve Money Laundering Case: The New Face of Cybercrime?”
February 25, 2014: Moderator, New England Nanotechnology Association Meeting
November 14, 2013: Panelist, Prince Lobel seminar, “Data Breaches and Digital Disasters”
Speaker, Society for the Study of, “Responsible Product Development – Food-Contact Textiles Containing Nanoscale Silver”
September 24, 2013: Moderator, Destination Nano, “EHS: Workplace Exposure Assessment for Nanomaterials”
September 14, 2013: Moderator, “New England Nanotechnology Association Meeting”
June 19, 2013: Moderator, “New England Nanotechnology Association Meeting”
May 7, 2013: Moderator, Speaker, “Inaugural Meeting of New England Nanotechnology Association”
March 27, 2013: Speaker, Prince Lobel-Exponent, Inc. webinar presented by ISSA, the Worldwide Cleaning Industry Association
September 2012: Speaker, Society of Chemical Hazard Communication Conference, Alexandria, VA, “Consumer Labeling, Warnings, and Instructions for Nanomaterial Containing Products”
June 5, 2012: Speaker, Prince Lobel-Exponent, Inc. webinar on “Nanomaterial Hazard Communication, Labeling, and Warnings”
May 15-16, 2012: Organizer and Speaker, UMass Lowell, Lowell, MA, “Destination Nano: Concept to Commercialization”
December 5, 2011: Speaker, New Jersey Institute for Continuing Legal Education, New Brunswick, NJ, “Cyber Liability Institute”
November 9, 2011: Chair and speaker, Massachusetts Continuing Legal Education, Inc., Boston, MA, “Drafting and Enforcing Warranties & Disclaimers”
September 26, 2011: Featured, New England Cable News, “Personal Data Loss and Thefts: What to Do?”
May 2, 2011: Speaker, Chemistry Council of New Jersey’s 27th Annual Spring Conference, Galloway, N.J., “Preserving Nanotechnology as a Technological Beacon of Prosperity for Industry & Business in the 21st Century”
April 12, 2011: Speaker, 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, “The Next Small Step For Mankind – Nanotechnology’s Journey to Commercialization”
December 7, 2010: Speaker, Chemistry Council of New Jersey Health & Safety Committee Meeting, Parsippany, NJ, “The Potential Toxicity of Nanomaterials: Best Practices and What You Should be Doing Now”