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Roger is the Practice Chair of the Firm’s Commercial Litigation Group and a partner in the Commercial Competition, Real Estate, Financial Institutions, and Manufacturing, Distribution & Franchising Groups. He is a trial lawyer who litigates on behalf of individuals and corporations. Appearing 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 manufacturers, REITS, financial institutions, distributors, developers, and the officers and directors that work in these industries.

Commercial Competition 

Roger is the Practice Chair for the Firm’s Commercial Competition Group. The Commercial Competition Group at Barack Ferrazzano advises some of the world’s largest companies on the implementation and enforceability of commercial covenants implicating competition. We advise clients on such matters in a wide range of industries, including medical technology, manufacturing, real estate, fashion and luxury retail, logistics, and finance. Our attorneys regularly provide our clients with strategic, transactional, and pre-litigation counseling on restrictive covenants, and have mediated, arbitrated, and litigated hundreds of disputes throughout the United States regarding the enforceability of covenants not to compete, non-solicitation covenants, no-hire covenants, confidentiality covenants, and related matters concerning trade secrets, the Computer Fraud and Abuse Act (18 U.S.C. § 1030), and the Robinson-Patman Act of 1936 (15 U.S.C. § 13).

Representative Matters

Mediware Information Systems, Inc. v. HemaTerra Technologies, LLC

  • Represented plaintiff healthcare technology company in federal action brought in Middle District of Florida to enforce restrictive covenants against former employees that formed and operated competing enterprise.

 National Contract Management

  • Engaged to manage the enforcement of restrictive covenants in employment agreements across the country following alleged predatory hiring of client’s key employees.

Manufacturing, Distribution & Franchising

Roger is the Practice Chair of the Manufacturing, Distribution & Franchising Group. 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.

Representative Matters

Steven et al v. Toyota Motor Sales USA, Inc.

  • Represented defendant manufacturer Toyota where Plaintiff alleged that defendant wrongfully denied him a Lexus franchise in violation of the Automobile Dealers Day in Court Act, 15 U.S.C. Section 1222 causing $20 million in damages. The judge granted defendant’s motion to dismiss all claims with prejudice.

National Distributor Realignment

  • 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.

Platinum Motors LLC v. Automobili Lamborghini, S.p.A.

  • Represented manufacturer in termination protest by largest Lamborghini dealer in the world.

Real Estate

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.

Representative Matters

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.

Retail Properties of America Inc. (NYSE: RPAI)

  • Represented Plaintiff RPAI against defendant tenant alleging that while tenant leased two 21-story commercial towers, tenant failed to maintain the Property in good condition causing in excess of $20 million in damages.

Financial Institutions

Roger is a partner in the Firm’s Financial Institutions Group which has represented 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 the Employee Retirement Income Security Act of 1974 (ERISA), corporate fiduciary responsibility, directors and officers liability, civil RICO, insurance, conspiracy claims, and general contract disputes.

Representative Matters

Marc S. Kirschner, As Litigation Trustee For The Tribune Litigation Trust v. Fitzsimons, et al.

  • Represented ESOP trustee in multi-district litigation in SDNY. Plaintiff alleged defendant participated in the Tribune Company’s breach of its fiduciary duties resulting in excess of $3 billion in damages. Court dismissed all claims against defendant with prejudice. 2019 WL 294807 (S.D.N.Y. Jan. 23, 2019)

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 under ERISA by imprudently retaining the common stock of the bank as an investment option in the 401(k) Plan. Resolved case with no payment from clients.

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 resulting in damages in excess of $40 million. The case was dismissed against all defendants on all counts.

Activities & Honors

  • Selected, Local Litigation Star, Benchmark Litigation (2019-2021)
  • Selected, Leading Lawyers Network (2021)
  • Selected, Emerging Lawyers Network (2015-2020)
  • Selected, Illinois Rising Stars, Super Lawyers (2011, 2014-2018)

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

News

Education

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
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