Service Director
Resume:
DOUGLAS LANGSTON ROGERS
COLUMBUS, OHIO *****
614-***-**** (home)
614-***-**** (office)
**************@*****.***
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
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