DOUGLAS LANGSTON ROGERS

COLUMBUS, OHIO *****

614-***-**** (home)

614-***-**** (office)

614-***-****

abot4v@r.postjobfree.com

EDUCATION

J.D., Yale Law School, 1971

B.A., Cornell University, 1968

CURRENT ACTIVITIES

Adjunct Professor of Law, Moritz College of Law at The Ohio State University

Teach Introduction to Intellectual Property Law winter/spring terms 2011 and 2012

Columbus Legal Aid Society/Ohio State Legal Services Association (March, 2011 -

present-as volunteer)

PAST VOLUNTEER ACTIVITIES SINCE RETIREMENT FROM VORYS

Special Counsel for Consumer Protection Section of

Ohio Attorney General (June 2010 -

February 2011

)

Ohio State Legal Services Association (full time: December 2009 - June, 2010)

Deputy Disability Director for Obama for America (full time July 14 November 5, 2008)

Member of Obama Disability Policy Committee in 2007 and 2008 through the election

PAST EMPLOYMENT

Vorys, Sater, Seymour and Pease LLP: 1982July 31, 2008

52 East Gay Street

partner, 1987 to July 31, 2008

Columbus, Ohio 43215

(retired as a partner to volunteer full time for the Obama campaign on July 31, 2008,

although I had already been volunteering for the Obama campaign for more than a year)

Executive Director, Legal Aid Society of Columbus: March 25, 1980 - June 1982

Director, Ohio Legal Rights Service: July 1, 1975 - April 30, 1980

Staff Attorney, Legal Aid Society of Cleveland: August 1971 - June 1975

EXAMPLES OF LITIGATION

(1) State ex rel. Ohio General Assembly v. Brunner, 2007 WL 2216558, 2007 -Ohio- 3780

(2007) Part of team representing the Ohio General Assembly. Supreme Court granted

the General Assembly s petition for a writ of mandamus directing the Secretary of State

to treat as law legislation that the new governor had purported to veto.

(2) Curcio Webb v. National Benefit Programs Agency, Inc., 367 F.Supp.2d 1191 (S.D. Ohio

2005); and 2006 WL 47506 (S.D. Ohio 2006) Defended NBP against claims of

trademark infringement, copyright infringement and, under state law, trade secret

DOUGLAS LANGSTON ROGERS PAGE 4

misappropriation and unfair competition. In 2005 decision, Court granted NBP s mo tion

for

judgment on the pleadings that the unfair competition claimed was preempted by federal

law and that plaintiff was not entitled to statutory or punitive damages or attorneys

fees

under the claims of copyright or trademark infringement. In the 2006 decision, the Court

granted NBP s motion for summary judgment on the trademark infringement claim,

granted Curcio Webb s motion for summary judgment on the existence of copyright

infringement and denied both motions for summary judgment on trade secret

misappropriation. Subsequent to the 2006 decision, the parties settled the litigation.

(3) Miley v. STS Systems, Inc. (Franklin Co. 2003), 153 Ohio App. 3d 752: Filed motion to

vacate default judgment entered against STS before VSSP represented STS. Trial court

vacated default judgment taken against STS. Court of Appeals affirmed vacation of

default judgment on ground that default judgment had been based on improper service.

After appellate decision, trial court awarded $105,000 + in sanctions against counsel for

plaintiff in favor of STS.

(4)

Mulch Manufacturing, Inc. v. Buckeye Resources, Inc., C2-02-0060 (S.D.

Ohio)(unreported) Defended Buckeye Resources on trade dress infringement claim.

Defeated motion for temporary restraining order and filed counterclaim against plaintiff

for

infringing trade dress of defendant. Case settled.

(5) iXL, Inc. v. AdOutlet.com, Inc., 2001 WL315219 (N.D. Ill. 2001): Defended AdOutlet on

a

motion for preliminary injunction based on claim by iXL of copyright infringement. iXL

had

developed computer source code for AdOutlet. iXL claimed AdOutlet owed iXL money for

the development work, and as a result, owned the copyright for the source code.

Magistrate Judge denied motion, concluding iXL was not likely to win on its copyright

infringement claim. After ruling, the parties settled the remainder of the litigation.

(6) United States v. City of Columbus, 2000 WL 1133166, *9 (S.D.Ohio 2000): Participated

in

representation of defendant-intervenor Columbus Fraternal Order of Police, and

Magistrate concluded, To the extent that the complaint seeks to posit liability against

the

City of Columbus on a theory of respondeat superior, the original complaint is

deficient.

rd

(7) Paragon Networks International, Inc. v. Macola, Inc., 98 WL 280385 (3 App. D., Ohio

1999): Participated in defense of Macola, Inc. in a suit claiming that Macola software

was

not Y2K compliant. Motion to Dismiss granted at trial level, and case affirmed on appeal.

(8) In re Brand Name Prescription Drugs Antitrust Litigation: Participated in defense of

Boehringer Ingelheim Pharmaceuticals, Inc. in an MDL proceeding of over 100 cases and

4,000 plaintiffs, and over 20 defendants. Boehringer and one other defendant successfully

opposed the motion of all the other defendants and the plaintiffs to consolidate the

cases

with a class action in which Boehringer was not a defendant. See, e.g., 1995 U.S. Dist.

LEXIS 16393 (N.D. Ill. November 2, 1995); and 1995 U.S. Dist. LEXIS 9348 (N.D. Ill. July

7, 1995).

(9) State ex rel Petroleum Underground Storage Tank Release Comp. Bd. v. Withrow, (1991)

62 Ohio St. 3d 111 Original action in mandamus in the Ohio Supreme Court which

upheld the constitutionality of statute imposing an assessment on underground storage

DOUGLAS LANGSTON ROGERS PAGE 5

tank owners to pay for the cost of bonds issued to clean up spills of petroleum from such

tanks.

(10) Barbara C. v. Moritz

(S.D. Ohio)

This was a class action filed in 1977 consisting of all persons who during the litigation

were residents of Orient State Institute, then the largest mental retardation institution

in

Ohio. Defendants opposed the motion for class certification and also filed a motion to

dismiss. Filed briefs in opposition to the claims of the defendants, and the court

certified

the class and overruled the motion to dismiss. Took more than 40 depositions, had

experts inspect the premises and took other discovery. After leaving the Ohio Legal

Rights Service and becoming of counsel on case, a judgment was entered by the court on

October 19, 1981 -- based on the stipulations of the parties -- finding that the

constitutional

rights of the plaintiffs had been violated and requiring extensive relief to be provided

by the

Department of Mental Retardation and Developmental Disabilities.

(11) Ohio Association for Retarded Citizens v. Moritz

(S.D. Ohio)

This was a class action filed in 1976 on behalf of all residents/patients in all state

institutions/hospitals in Ohio who had been labeled by the defendants or their agents to

be

both mentally retarded and emotionally disturbed -- consisting of approximately 2,300

persons in over 20 state facilities. After pursuing formal discovery, I filed a motion

for

class certification, which the defendants opposed. After the class was certified, a

Consen t

Order for Preliminary Injunction and later a final Consent Order were entered requiring

the

defendants to provide specialized services to class members.

(12) Sidles v. Delaney

(N.D. Ohio)

This was a class action filed in 1975 on behalf of all residents of Apple Creek State

Institute against the Superintendent of Apple Creek and the directors of four state

agencies. In response to motions filed by the plaintiffs, the Court toured Apple Creek

and

scheduled a hearing on the requested preliminary injunction. On the day of the hearing,

the defendants agreed to provide the preliminary relief requested by the plaintiffs. A

final

Consent Judgment between the plaintiffs and the Department of Mental Health and Mental

Retardation was entered in 1976, and agreed relief against officials of the other three

state

agencies was reached in 1977.

(13) McDuffie v. Berzzarins

43 Ohio St.2d 23 (1975)

Writ of habeas corpus allowed, because Probate Court record did not show that petitioner

had knowingly waived his right to counsel at the civil commitment hearing.

(14) Anderson v. McMillan

44 Ohio App.2d 50 (Cuy.Co. 1975)

DOUGLAS LANGSTON ROGERS PAGE 6

The Court of Appeals for Cuyahoga County ruled that a parolee who was committed to a

mental institution without a hearing was denied due process of law.

(15) Cudnick v. Kreiger

392 F. Supp. 305 (N.D. Ohio 1974)

The U.S. District Court for the Northern District of Ohio ruled that pretrial detainees

in the

Cuyahoga County Jail who had been enrolled in a drug treatment program before arrest

had a constitutional right to continue that drug treatment program under medical

supervision while in jail as a pretrial detainee.

(16) In re Fisher

39 Ohio St.2d 71 (1974)

The Supreme Court of Ohio ruled that persons facing civil commitment to a mental

hospital had a constitutional right to appointed counsel.

(17) Raguz v. Chandler

(N.D. Ohio)

This was a class action filed in 1974 against the Cleveland prosecutor and other

officials

challenging the pattern and practice of refusing to prosecute men who assaulted their

wives, ex-wives or girl friends. After discovery, an agreement on preliminary injunctive

relief was reached. I had left the Legal Aid Society of Cleveland before final relief was

reached.

OTHER POSITIONS/ACTIVITIES

Member of the American Bar Association, Ohio State Bar Association, and Columbus Bar

Association.

Trustee, Advocacy and Protective Services, Inc. (1998-2001).

Trustee of the Association for Retarded Citizens - Ohio (1989-1992).

Trustee of the Ohio State Legal Services Association (appointed in spring of 1989;

resigned in 1993, because wife was appointed to Board of Directors of Legal Services

Corporation).

Vice President of the Columbus Council on World Affairs, 1988 to 1992; Trustee, 1987-

1992.

Appointed to the Ohio Legal Rights Service Commission for a one year term in July 1986

by the President of the Ohio Senate. The Ohio Legal Rights Service Commission is a

commission created in 1986 by the Ohio Legislature to establish general policy guidelines

for, and select the Director of, the Ohio Legal Rights Service.

DOUGLAS LANGSTON ROGERS PAGE 7

Special Counsel to a subcommittee of the Ohio Senate Health, Human Services and

Aging Committee established to investigate the Ohio Department of Mental Retardation

and Developmental Disabilities and group homes for mentally retarded individuals. July -

December, 1985

.

Member of the

Franklin County Public Defender Commission, 1980-1982.

Trustee-at-Large and Secretary (for approximately one year) of the Board of Trustees of

Community Action Against Addiction (a non-profit corporation in Cleveland

),

1972-1973

.

Reginald Heber Smith Community Lawyer Fellow, 1971-1972 (federally funded program to

place a limited number of lawyers in poverty law programs throughout the United States).

ADMISSIONS

Ohio: 1971

Northern District of Ohio: 1973

U.S. Court of Appeals for the Sixth Circuit: 1974

Southern District of Ohio: 1976

District of Columbia: 1978

U.S. Court of Appeals for the Tenth Circuit: 2004

U.S. Supreme Court: 2004

AWARDS

2011 OSBA John C. and Ginny Elam Pro Bono Award

2011 CBA/CBF Outstanding Pro Bono Service by an individual

2010 ABA Business Law Section Committee on Pro Bono National Public Service Award

Ohio Citizen of Year Award from the Association for Retarded Citizens Ohio, May 1986.

Citizens Advocacy Award from the Hamilton County Association for Retarded Citizens,

March 1986.

03/29/2012 Columbus 8768151

Contact this candidate