Kent M. Roger

Partner

Kent M. Roger is a partner in Morgan Lewis's Litigation Practice. Mr. Roger's practice spans a full range of complex business disputes, specializing in the representation of antitrust clients in the high technology, financial services, pharmaceutical, motor vehicle, and petroleum industries. For close to 30 years he has represented such clients and others in complex commercial litigation, appellate practice, and arbitrations, including healthcare, trade secret, contract, and unfair competition disputes. He has extensive expertise representing financial institutions and regulators in substantial litigation matters, including lender liability, operations, and workouts.

Mr. Roger is a seasoned trial lawyer who has tried numerous cases to juries and the bench on behalf of plaintiffs and defendants. Mr. Roger tried two cases on behalf of claimants of a $10 billion failed life insurer, obtained a multimillion-dollar judgment on behalf of a banking regulator against executives of a failed trust company and recently obtained a $45 million jury verdict for compensatory and punitive damages on behalf of a well-known sports representation agency.

Significant matters include:

In re TFT-LCD and CRT Antitrust Litigations
Represent manufacturer of LCD flat panel displays and CRT displays in separate multidefendant nationwide antitrust class actions brought concurrently with worldwide governmental civil and criminal investigations.

Golden Gate Pharmacy v. Pfizer Inc. and Wyeth
Represent Pfizer in action by pharmacies to enjoin its $68 billion merger with Wyeth. Injunction denied and action dismissed. Affirmed on appeal.

In re Currency Conversion Antitrust Litigation
Represent HSBC in multidefendant, nationwide antitrust class action brought against Visa, MasterCard, Diners Club, Chase, Bank One, CitiBank, HSBC, Bank of America, MBNA, and Providian involving credit card issuer practices. A favorable nationwide settlement in this multidistrict consolidated litigation has been approved.

Ross v. HSBC
Represent HSBC in nationwide multidefendant antitrust action alleging collusion in credit card issuers' adoption of cardholder agreement arbitration clauses and class action bans.

Smith v. Royal Bank of Canada
Represented RBC Royal Bank of Canada in nationwide price fixing antitrust class action brought on behalf of merchant participants in the VISA program and against VISA, RBC, JPMorgan Chase Bank, and Canadian Imperial Bank, claiming price fixing in “chargeback” cardholder refund transactions. Persuaded plaintiffs to dismiss the complaint against RBC prior to filing a motion to dismiss.

Executive Life Insurance Company Insolvency
Represent consortium of employers (e.g., MAXXAM, Inc., The Pacific Lumber Company, Revlon, Inc., American National Can Company, Blue Cross of California) holding $1 billion of claims against the $10 billion insolvent Executive Life Insurance Company on employee retirement annuity policies issued by Executive Life. Satisfaction of virtually all clients' claims. Court awarded reimbursement of clients' attorneys' fees and expenses of $4.4 million. Affirmed on multiple precedential appeals.

California Federal Bank v. Cities of San Francisco and Santa Monica
On federal preemption grounds, obtained summary judgment for Cal Fed and permanent injunction against cities' enforcement of ordinances banning ATM use fees. Affirmed by Ninth Circuit.

Price v. Wells Fargo Bank, N.A., et al.
Defended Wells Fargo and former employee in lender liability action brought by Merced cattle ranchers. Prayer for compensatory damages and $50 million in punitive damages. Summary judgment in favor of all defendants. Affirmed in landmark appeal.

Taldan v. Comerica Bank-Detroit
Defended Comerica in lender liability action involving claims of $20 million compensatory damages and unstated punitive damages. Defeated claim for breach of loan commitment to finance construction of $40 million mixed-use project. Summary judgment for Comerica on eve of trial. Affirmed by Ninth Circuit.

Lloyd Design, Inc. v. Mercedes-Benz of North America, Inc.
Defended Mercedes-Benz in "tying" antitrust case brought by parts and accessories competitor after MBNA announced it would include floor mats as standard equipment. Prayer for damages and injunction to prevent rollout of announced 1996 models. Summary judgment for MBNA on eve of trial. Affirmed on appeal.

California Superintendent of Banks v. Evangelista, et al.
Action for breach of fiduciary duty and negligence against officers and directors of failed trust company. Claims included misappropriation of corporate assets and breach of trust duties owed to investors in failure of second largest student loan originator in the U.S. After 12-week trial, judgment for Superintendent on all claims for $7.8 million. Defendants' appeal dismissed.

Mozart v. Mercedes-Benz of North America, Inc.
Member of team defending Mercedes-Benz in action alleging antitrust violations in connection with sale of automobile replacement parts. Judgment for defendants after two-month jury trial. Affirmed on appeal.

In re Fertilizer Antitrust Cases
Member of team defending Union Oil Company of California in large antitrust action brought by several northwestern states and private parties alleging price fixing by producers of fertilizer products. Seven years after case filed, summary judgment for defendants after plaintiffs' defective damage analysis stricken. Not appealed.

Mr. Roger is admitted to practice in California and before the U.S. Supreme Court, the U.S. Court of Appeals for the Ninth Circuit, and the U.S. District Courts for the Northern, Southern, Central, and Eastern Districts of California.