Practice Area(s)

Education
  • University of Washington School of Law (J.D., with honors, 1981)
  • Huntington College (B.A., summa cum laude, 1978)

 

Admitted to Practice
  • Washington State
  • Oregon State
  • Federal Courts in Washington and case admissions in Utah, Idaho, Michigan, California and New York 

 

Roger serves as Chair of the Litigation Group. He is a trial lawyer whose experience covers a broad range of matters involving intellectual property, contract claims, real estate disputes, product liability issues, employment cases and others. He has won both jury and non-jury cases and favorably used mediations to save clients money and achieve settlement. He has handled international law arbitrations and arbitrations throughout the United States.
Representative Experience
  • Philips Electronics North America Corporation, et al. v. BC Technical, Inc., No. 2:08-CV-00639-CW-SA, United States District Court for the District of Utah. Roger and his colleague, Bryan Graff, led a team who represented a manufacturer/supplier of nuclear medicine equipment in this intellectual property case with claims of copyright and trademark infringement, trade secret misappropriation, predatory hiring and unfair competition. Experts had calculated damages to exceed seventy million dollars. Through extensive discovery efforts, motion practice, and witness examination at evidentiary hearing, Roger and Bryan helped expose and persuasively present egregious acts of spoliation of electronic evidence and contempt of court. Dedicated work and advocacy obtained “terminating sanction” orders from the federal district court, which struck the defendant’s answer, dismissed its counterclaims, imposed monetary sanctions, and entered default judgment as to liability in favor of the clients. Copies of the pertinent Court decisions are available at: 2011 WL 677462 (D. Utah Feb. 16, 2011), and 2010 WL 5838993 (D. Utah July 28, 2010).
  • Philips Medical Systems (Cleveland), Inc. v. Hale, et al., No. 2:10-CV-00816-CW-PMW, United States District Court, District of Utah. Roger and his colleague Bryan Graff prosecuted this trade secret case which also involved liabilities of corporate officers and directors. After motions and limited discovery, a multiparty mediation resulted in a successful settlement and immediate payment for the client.
  • Rushent v. Pisco. This specific performance case of an option in a real property lease succeeded in getting the client the multimillion dollar property. The court also awarded additional damages and attorneys fees and costs.
  • Trans Columbia Corporation and Century Homes. This arbitration between joint venturers of a development was held in Los Angeles, California and resulted in a favorable award of over $3.8 million.
  • Nikolaisen v. Simpson Timber Co. After a lengthy trial, a jury concluded that Roger’s client, the employer, had not violated any employment laws relating to the disability of the plaintiff and found for Roger’s client on all issues.
  • Austin v. Guance. Roger helped a real estate broker who had been denied his commission by handling a jury trial in a small Washington county resulting in the jury finding for the broker.
  • Spine Institute of Idaho v. Blue Cross of Idaho. This Boise, Idaho case resulted in Roger’s client obtaining a substantial settlement after extensive discovery and motions to allow punitive damages and for summary judgment. The case dealt with the tricky issues of medical credentialing and damages to doctors harmed by wrongful decredentialing.
Professional and Community Activities
  • Member, ABA Litigation Section
  • Member, Defense Research Institute
  • Qualified as a mediator under rules for U.S. Federal District Court, Western District of Washington
Publications and Speaking Engagements
  • Speaker, “How To Avoid Litigation,” delivered to professionals in commercial real estate 
  • Author, Chapter in Washington Civil Practice Deskbook
Honors and Awards
Background

Roger loves to travel, especially when it involves hiking and backpacking. His travel exploits include scaling 19,340-foot Mt. Kilimanjaro, Africa’s highest peak, and trekking Milford Track, a 35-mile trail in New Zealand that many consider one of the world’s premier hikes. “I love the new experiences travel brings,” says Roger. “It broadens my perspective and makes me appreciate life more.”

Roger has an equally broad perspective in his litigation practice. Since joining the firm in 1981, he has handled a broad range of commercial litigation disputes—everything from real estate, to product liability, to intellectual property. His passion for litigation is displayed in his enthusiasm for his work—whether arguing to a jury, persuading a judge or advocating before a panel of appellate judges.