Roger L. Smerage focuses his practice on complex commercial and banking litigation. He has represented construction companies, national and local banks, wireless telephone companies, real estate developers, and other businesses in disputes large and small, as well as shareholders and members of small businesses in corporate disputes. He has experience handling cases in federal and state courts, as well as alternative dispute resolution fora such as JAMS and the American Arbitration Association. He has tried cases both with and without juries, has argued appeals to the Massachusetts Appeals Court, and has authored briefs to the Massachusetts Supreme Judicial Court and several U.S. Courts of Appeals. 

A sample of cases that Roger has litigated include: 

  • Prosecuting breaches of commercial promissory notes and defending banks from third-party document and deposition subpoenas; 
  • Complex construction defect and breach-of-contract cases; 
  • Commercial lease disputes; 
  • Franchise agreement disputes; 
  • Appeals of Zoning Board of Appeals decisions and other licensing/administrative rulings;  
  • Disputes among members of family businesses and other closely-held business; and 
  • Enforcement of foreign judgments in Massachusetts courts. 

In addition to his litigation experience, Roger has advised businesses on issues involving customer and employee data privacy. Roger also has experience advising clients on consumer and employment terms and conditions. Among other things, he has advised clients on how to structure and enforce pre-dispute arbitration agreements. 

Additionally, Roger has represented clients on various aspects of state and federal consumer protection statutes and regulations, such as M.G.L. Chapter 93A, the Fair Credit Reporting Act, and anti-discrimination laws such as the Fair Housing Act and Equal Credit Opportunity Act. He has defended clients in state and federal class actions alleging violations of such statutes. Roger also has experience assisting clients through government investigations and enforcement proceedings. 

Roger is also currently the Town Moderator in Wenham, where he resides. 

Prior to joining Ruberto, Israel & Weiner, Roger practiced for over nine years at the Boston office of K&L Gates LLP. While attending Suffolk University Law School, he interned for Hon. William G. Young of the U.S. District Court for the District of Massachusetts and Hon. Robert J. McKenna, Jr. of the Boston Municipal Court. Roger was also a note editor of the Suffolk University Law Review. 


B.A., Boston College, 2004

J.D., Suffolk University Law School, summa cum laude, 2009

Bar & Court Admission


U.S. District Court for the District of Massachusetts

U.S. District Court for the Northern District of Illinois

U.S. District Court for the Eastern District of Wisconsin

U.S. Court of Appeals for the 1st Circuit

U.S. Court of Appeals for the 2nd Circuit

U.S. Court of Appeals for the 7th Circuit

U.S. Court of Appeals for the D.C. Circuit