Margaret A. Rogers litigates complex commercial and antitrust disputes, including class action litigation, for clients in state and federal courts throughout the United States. Ms. Rogers also has experience in a wide range of business disputes. Ms. Rogers is proficient in both state and federal practice and procedure and has experience in all stages of litigation and appeal. She has managed discovery, worked with experts to develop reports and testimony, written briefs and motions at all stages of litigation, and successfully argued on appeal. She has counseled and represented clients in such industries as publishing, rail freight transportation, pharmaceuticals and financial services.
Ms. Rogers served as a law clerk for the Honorable Vincent L. Briccetti of the United States District Court for the Southern District of New York.
She is a member of the American Bar Association, Antitrust Section. She serves as Chair of the Class Action Committee of the New York State Bar Association, Antitrust Section. Ms. Rogers received her JD, cum laude, from Georgetown University Law Center where she was Senior Editor of the Georgetown International Environmental Law Review. She received her BA, cum laude, in Political Science from Wellesley College.
Ms. Rogers has maintained an active pro bono practice handling civil and criminal appellate litigation matters.
Experience
- Generic pharmaceuticals manufacturer in defense of wholesaler (direct purchaser) and third party payor (indirect purchaser) class, opt-out direct and indirect purchaser actions, and State enforcement and damages actions, in a consolidated federal multi-district litigation and related state court actions, in which plaintiffs allege that the company conspired with several other generic drug makers to increase prices of a number of different generic drugs, creams, lotions and ointments. (US District Court, E.D. Pa).
- Major US Book Publisher in defense of purported class actions alleging that Amazon Inc. and several publishers conspired to restrain competition in the sale of electronic books by agreeing to certain alleged vertical restrains in the publishers’ individual distribution agreements with Amazon. (US District Court, SDNY).
- Major US Book Publisher in defense of purported class action alleging that several publishers discriminated in price in the sale of physical books in favor of Amazon, that Amazon induced such discrimination and that the discrimination was the result of a conspiracy among Amazon and the publishers to restrain competition for the sale of physical books (US District Court, SDNY).
- Samsung Electronics America Inc. in defending litigation seeking contractual indemnification arising from Samsung’s sale of cable set-top boxes to Cablevision Systems.
- Penguin Group in actions brought by defunct electronic book resellers claiming to have been forced out of business as a result of an alleged conspiracy among Apple, Inc. and five major publishers to shift the sale of electronic books to an "agency model" distribution methodology. All three cases were dismissed on the defendants' motions for summary judgment. On appeal by two of the plaintiffs (the third elected not to appeal), Abbey House Media and Diesel Books LLC, the Second Circuit Court of Appeals affirmed per curiam the dismissals. In early August 2017, both appellants stipulated to not pursue any further appeals. Abbey House Media, Inc. d/b/a BooksOnBoard v. Apple, Inc.; Diesel Ebooks, LLC v. Apple, Inc.; DNAML PTY, Limited v. Apple, Inc.
- Group of lenders in defeating the efforts of another lender to impose, by court order, a restructuring of Arch Coal Inc.'s multibillion dollar debt over their objection. The New York State Supreme Court denied a request by an affiliate of GSO Capital Partners for a temporary restraining order that would have prevented our clients from exercising their rights in regard to a debt exchange proposed by Arch Coal, one of the world's largest coal producers. The case was voluntarily dismissed in November 2015.
- Major railroad in defense of a nationwide class action antitrust lawsuit against major US railroads alleging collusion to fix fuel surcharges on freight shipments in violation of the Sherman Act (Co-counsel).
- Guarantors and family in defeating the efforts of a lender to assert fraudulent conveyance claims. The New York Supreme Court dismissed the claims against our clients while allowing other claims to proceed.
- Owners of private beachfront property in the East Hamptons who had been joined in an action to quiet title to a portion of the beach. We represented the only homeowners who successfully demonstrated title to their portion of the beach.
- Major financial services companies in fraudulent transfer litigation in connection with Mervyn's bankruptcy.
Perspectives
Recognition
Credentials
Education
- J.D., Georgetown University Law Center, 2008, cum laude
- B.A., Wellesley College, 2004, cum laude
Admissions
- New York
- U.S. District Court, Southern District of New York
- U.S. District Court, Eastern District of New York
Clerkships
- U.S. District Court, Southern District of New York, The Honorable Vincent L. Briccetti
Activities
- Member, Federal Bar Council
- Member, Antitrust Section, American Bar Association
- Chair, Class Action Committee, Antitrust Section, New York State Bar Association