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Theodore Rogers joined the Firm in 1979 and has been a partner since 1987. His litigation activities center on two areas: labor and employment law and estates litigation. As coordinator of the Firm's Labor and Employment Law Group, Mr. Rogers represents employers with respect to all manner of labor and employment issues. He is widely recognized as a leader in the field, including recently being named one of the 10 leading management attorneys in the country, by the national publication Human Resource Executive. (See Rankings and Recognition below.) Among the many cases he has litigated for employers, he successfully defended a prominent employer in a federal court sex discrimination case that was televised nationwide on Court TV. He regularly advises clients on workplace issues and conducts investigations of internal allegations. Mr. Rogers annually lectures at the Federal Judicial Center s Workshop on Employment Law for Federal Judges, as well as Bar association and PLI programs. Among the topics on which Mr. Rogers has recently written and lectured are Sarbanes-Oxley Act whistleblower claims, electronic discovery, employment class actions, restrictive covenants, harassment law, and ethics. (See Events & Speaking Engagements link.) In his Estates Litigation practice, Mr. Rogers has litigated a broad range of cases, including will contests, trust accountings, and issues of fiduciary responsibility. He was lead trial and appellate counsel in a case that resulted in a significant decision by New York's highest court on trustee fiduciary obligations that has come to be relied upon by lower courts. Selected Cases: Labor and Employment Vizcaino v. Microsoft and Hughes v. Microsoft Mr. Rogers was counsel to Microsoft Corporation in the damages phase and settlement of these long-running independent contractor class actions. Mr. Rogers has represented a variety of employers in 2008 and prior years, in obtaining dismissals of Sarbanes-Oxley Act whistleblower claims. Mr. Rogers successfully represented a major insurance company and its chief executive in 2005, in obtaining pre-trial dismissal of contract and fraud claims. Mr. Rogers obtained summary judgment in 2004, dismissing fourteen causes of action against a prominent financial services firm, including discrimination law, labor law, and contract law claims. Damages were awarded to Mr. Rogers' client on counterclaim. AFTRA v. NBC In 2001 Mr. Rogers represented MSNBC Cable in the defense of a NLRB petition by a union to require that news anchors be members of the union; after a ten-day hearing before the NLRB, the petition was dismissed. The dismissal was upheld on administrative appeal. Mr. Rogers was lead counsel in one of two consolidated cases in which New York State's highest court upheld the arbitrability of employment discrimination claims. After a three-month arbitration hearing that followed the court ruling requiring arbitration, the plaintiff s claims of discrimination were dismissed. Mr. Rogers obtained judgment as a matter of law after a jury trial for a financial services firm, dismissing sex discrimination claims. Selected Cases: Estates Estate of Donner Mr. Rogers represented the charitable beneficiary of an estate, Mills College, in asserting objections to two executors final accounting. A trial before the Surrogate s Court resulted in Mills College s objections being upheld and a surcharge being assessed against the executors, which was unanimously affirmed by the Appellate Division, First Department, and the New York State Court of Appeals. The Court of Appeals decision on standards of care for fiduciaries has since been extensively relied on by lower courts. Estate of Carroll Donner, 82 N.Y.2d 574, 606 N.Y.S.2d 137 (1993). Mr. Rogers successfully defended a major New York bank against objections filed challenging the bank s actions as an Estate executor, including objections to the bank s decisions to sell substantial real estate interests. After a three-month trial before the Surrogate s Court, Nassau County, the objections were dismissed. Mr. Rogers successfully brought objections on behalf of a trust beneficiary and a replacement trustee of a large trust, against the prior trustee. After trial, the Surrogate s Court, Putnam County entered a verdict of criminal and civil contempt against the prior trustee, surcharged him for substantial trust losses and awarded the beneficiary and the replacement trustee their attorney s fees. Professional Activities and Community Involvement Fellow, College of Labor and Employment Lawyers Member, Executive Committee of New York State Bar Association's Labor and Employment Law Section Member, Advisory Board of the Center for Labor and Employment Law of New York University School of Law Member, Board of Fishers Island Conservancy, Fishers Island, NY Lecturer on employment law topics to many groups, including the Federal Judicial Center's annual Workshop on Employment Law for Federal Judges, the PLI s annual Employment Law Institute, and the New York State Bar Association Rankings and Recognition Human Resource Executive magazine (in conjunction with the Lawdragon legal ranking site) (2008) Named as one of the 10 leading management attorneys in the country ("Top 10 Leaders of the Pack") ("The Best Defense," Human Resource Executive, March 2008) (www.hreonline.com) New York Super Lawyers (2007, 2006) (www.superlawyers.com) - Named one of the top 100 lawyers in New York in all fields, and recognized for Employment and Labor and Estate Planning & Probate PLC Which Lawyer? Yearbook, 2008 and 2007 (www.whichlawyer.com) Recognized as one of the four leading lawyers in New York, in Employment: Labor and Employee Benefits Chambers USA: America's Leading Lawyers For Business (2003 - 2007) (www.chambersandpartners.com) One of six lawyers in New York ranked in the first tier among defendant-side labor and employment lawyers The Best Lawyers in America 2008 and 2007 (Woodward / White) Recognized as a leading lawyer in both Labor and Employment and Alternative Dispute Resolution; The Best Lawyers in America 2006 (Woodward / White) Recognized as a leading lawyer in Labor and Employment Legal Media Group, Guide to the World s Leading Labour and Employment Lawyers (2005 - 2008) (www.expertguides.com) Recognized for outstanding work in Employment Law International Who s Who of Management Labour & Employment Lawyers (2004 2006, Law Business Research) Recognized for Employment Law internationally Cross-border Handbook, Labour & Employee Benefits (2007/2008 and 2005-2006, Practical Law Company) Recognized for cross-border work Global Counsel Handbooks, Leading Lawyers in Labour and Employee Benefits (2003-2006, Practical Law Company) Recognized as one of the two leading labor and employment lawyers in New York Recipient, 2006 Burton Award for Legal Achievement, for the article "Adapting Paper-Based Rules to Electronic Discovery" (New York Law Journal, July 19, 2005) Practices Estates and Personal Estates Litigation Labor and Employment Litigation Litigation News "Human Resource Executive recognizes S&C partners Ted Rogers and Max Schwartz" CBS Is Sued by Rather Over Ouster Ruling Shows Deference Courts Give to Arbitration: Merrill to Pay $14 Million for Defamation Lawyers Eye Broad Impact From IPO Case MORE Publications Alternative Dispute Resolution in Employment Disputes Adapting Paper-Based Rules to Electronic Discovery Employment Discrimination Case Motion Practice: What Every Lawyer Should Know Employment Law Deskbook for Human Resources Professionals MORE Events & Speaking Engagements Practising Law Institute's 30th Annual Litigating Employment Discrimination Claims 2008 Federal Judicial Center Workshop on Employment Law for Federal Judges New York State Bar Association 131st Annual Meeting: Labor and Employment Law Section Meeting The Association of the Bar of the City of New York's Employment Law Essentials MORE Education 1979, Harvard Law School, J.D. 1976, Harvard University, A.B. 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