Roger is the co-chair of the Firm’s commercial Litigation Group and a partner in the Real Estate, Financial Institutions and Motor Vehicle Groups. He is a trial lawyer who litigates on behalf of individuals and corporations. Appearing more than 100 times before judges in federal and state courts in jurisdictions across the country, Roger has been engaged by some of the world’s most prominent companies to represent them in their most significant legal disputes including class actions, shareholder disputes and derivative claims. Roger has a wealth of experience advocating on behalf of REITS, financial institutions, manufacturers, distributors, developers and the officers and directors that work in these industries.
Roger is a partner in the Firm’s Real Estate Group, a cornerstone of the Firm since its founding. The Firm has earned the reputation as one of the premier real estate practices in the country, having been recently recognized by Chambers & Partners as among the top tier of real estate practice groups. Roger represents a broad range of real estate clients and is well-versed in the unique controversies involving real estate. Roger has extensive experience with representing REITs in numerous industries, including the healthcare, industrial, and office sectors. Roger acts as primary counsel to several REITs related to disputes concerning capital markets transactions, creation of joint ventures with institutional investors, acquisitions, dispositions and leasing in connection with REIT operations. Roger has also litigated issues related to a broad range of construction and development projects on behalf of various parties, including owners, developers, lenders and contractors concerning locations throughout North America.
- Ventas Realty, Limited Partnership v. ALC CVMA, LLC
Represented Plaintiff in claim brought in the U.S. District Court for the Northern District of Illinois alleging that the Defendants’ receipt of notices of intent to revoke permits from state regulators with respect to its licenses to operate three assisted living facilities in Georgia and Alabama violated a lease agreement with Plaintiff. On June 15, 2012, the matter was resolved with the Defendants’ agreement to pay $97 million for the properties at issue, $3 million for a litigation settlement fee and agreement to pay all of Plaintiff’s fees and costs associated with the lawsuit.
- White v. Progressive Eldercare Services, et al.
Represented defendant property owner in lawsuit brought in the Circuit Court of Saline County, Arkansas. Plaintiff alleged the defendants engaged in negligent care and treatment of a resident in the facility. Defendant was dismissed on all counts.
- Schram McDonnell, LLC dba Austin Orthopedic Specialists v. Ventas, Inc.
Represented individual and corporate defendants in claim brought in the District Court of Travis County, Texas. Plaintiffs alleged that defendants engaged in a conspiracy, fraud and negligence related to the purchase of equity interests in a medical office building. All defendants were dismissed on all counts.
Roger is a partner in the Firm’s Financial Institutions Group which has represented over 250 financial institutions in recent years. As one of the largest practice groups in the country devoted to servicing financial institutions, the group has repeatedly received both national and Chicago recognition in the U.S. News & Best Lawyers report. Roger has represented financial institutions on matters related to ERISA, corporate fiduciary responsibility, directors and officers liability, civil RICO, insurance, conspiracy claims and general contract disputes.
- Dalton v. Old Second Bancorp, Inc.
Represented Old Second Bancorp, Inc. and its 401(k) Plan fiduciaries against claims that they breached their respective fiduciary duties by imprudently retaining the common stock of the bank as an investment option in the 401(k) Plan. Successfully resolved case with no payment from clients.
- Marc S. Kirschner, As Litigation Trustee For The Tribune Litigation Trust v. Fitzsimons, et al.
Representing defendant in multi-district litigation alleging defendant participated in the Tribune Company’s breach of its fiduciary duties. A motion to dismiss the defendant with prejudice is currently pending.
- Wilson v. Krause, et al.
Represented defendants in lawsuit brought in the Iowa District Court for Polk County. Plaintiff alleged that the defendants breached their fiduciary duties to the company. The case was dismissed against all defendants on all counts.
- Quad City Bank & Trust v. Elderkin & Pirnie
In September 2013, obtained a jury verdict in favor of Quad City Bank & Trust in Dubuque County, Iowa. Quad City Bank & Trust v. Elderkin & Pirnie. The suit involved the Bank's claim for legal malpractice. The verdict was upheld on appeal.
- West American Insurance Company v. Yorkville National Bank
In an opinion issued by the Illinois Supreme Court on September 23, 2010, won a multi-million dollar judgment in favor of a bank against an insurance company.
- Jay E. Hayden Foundation v. First Neighbor Bank
In a decision rendered by the United States Court of Appeals for the Seventh Circuit on June 22, 2010, obtained dismissal of a federal RICO suit against a bank client.
Manufacturing & Distribution
Roger frequently represents manufacturers and distributors across the country and around the world to implement market representation and development initiatives and litigate disputes with dealers, including disputes relating to dealer establishments, relocations and terminations, warranty reimbursement policies, product allocation systems, facility regulations, advertising requirements, dealer transfers, and site control restrictions.
- National Dealer Realignment
In 2015, engaged by international manufacturer to manage and implement the termination and appointment of over 100 dealers nationwide.
- National Distributor Realignment
In 2015, engaged by machine tool distributor to defend client in federal actions filed in South Carolina, Wisconsin, Texas and Tennessee relating to wrongful termination of dealer agreements.
- National Dealer Arbitrations
Engaged by major U.S. manufacturer in numerous fast-track arbitrations challenging the rejection and termination of certain dealer agreements during government bail-out of the auto industry.
- Colson v. Maghami
In a decision rendered by United States District Court of Arizona on July 9, 2010, obtained summary judgment in defense of a multi-million dollar aiding and abetting claim against an auto client.
- Calabasas Euro Auto Group, LLC v. Automobili Lamborghini, S.p.A.
Represented Lamborghini in administrative proceeding involving a dealer termination and related dealer bankruptcy proceeding. Termination upheld.
- Platinum Motors LLC v. Automobili Lamborghini, S.p.A.
Represented manufacturer in termination protest by largest Lamborghini dealer in the world.
- Bugatti San Diego v. Bugatti Automobiles USA, Inc., Protest No. PR-2396-14 (Cal. New Motor Veh. Bd.)
Represented manufacturer in termination protest by Bugatti dealer.
- Kramer v. Stelter
Represented manufacturer in federal court action asserting claims under the Racketeer Influenced and Corrupt Organizations Act. Lawsuit against client dismissed with prejudice with sanctions ordered against Plaintiff.
- Westhampton Classic Cars LLC v. Automobili Lamborghini, S.p.A.
Represented Lamborghini in New York federal court action seeking to enjoin unauthorized use of trademark and other claims relating to dealer operations and territory.
- Bentley San Diego v. Bentley Motors, Inc.
Represented manufacturer in termination protest by Bentley dealer.
- Lamborghini San Diego v. Automobili Lamborghini America, LLC
Represented manufacturer in termination protest by Lamborghini dealer.
Professional Activities & Honors
- Selected, Illinois Rising Stars, Super Lawyers (2011, 2014-2017)
- Selected, Emerging Lawyers Network (2015-2016)
Speaking Engagements & Presentations
Other Events & Speaking Engagements
- Guest lecturer on Uniform Commercial Code and contract drafting at the University of Iowa College of Law, 2005
Articles & Publications
- 03/2/2017 – Barack Ferrazzano Client Alert
- 01/4/2017 – Barack Ferrazzano Client Alert
- Client Alert: Federal Banking Regulators Expand Banks Eligible for Extended 18-Month Examination Cycle12/20/2016 – Barack Ferrazzano Client Alert
- 12/15/2016 – Barack Ferrazzano Client Alert
- 02/11/2016 – Barack Ferrazzano Client Alert
- 04/22/2015 – Barack Ferrazzano Client Alert
- 01/14/2015 – Super Lawyers
University of Michigan School of Law, J.D., 2003
University of Southern California, B.A., magna cum laude, 2000
Bar & Court Admissions
- State of Illinois
- U.S. District Court - Northern District of Illinois
- U.S. District Court - Southern District of Illinois