Overview
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.
Publications
- The Massachusetts Uniform Enforcement of Foreign Judgments Act – An Enforcement Tool, Not a Limitations Device (January 26, 2022)
- SJC Rules Disgruntled Shareholder Can’t Use Derivative Action to Relitigate Claims, Massachusetts Lawyers Weekly (September 16, 2021).
- With First-of-Its-Kind Decision, Pennsylvania High Court Identifies Common-Law Duty to Protect Digital Data, Washington Legal Foundation Legal Backgrounder, Vol. 34 No. 2 (February 15, 2019)
- In Spokeo Remand, Ninth Circuit Adopts Hybrid Approach to Statutory-Standing Analysis, Washington Legal Foundation Legal Opinion Letter, Vol. 26 No. 22 (October 20, 2017)
- HUD Proposal Would Impose “Disparate Impact” Regulation on Property Insurance, Washington Legal Foundation Legal Backgrounder, Vol. 27 No. 11 (June 8, 2012)
- Note, Two for the T, Three for You and Me: The MBTA’s Exception to the Three-Year Statute of Limitations, 42 Suffolk University Law Review 729 (2009)
