Edward D. Rogers

Partner

rogerse@ballardspahr.com
Tel 215.864.8144
Fax 215.864.8999
Philadelphia

Edward D. Rogers is a member of the Antitrust and Competition, and Loss Recovery Groups as well as the Eminent Domain team. He is also the Practice Leader of the firm’s Professional Liability Group. His business litigation practice spans a wide variety of civil cases, with an emphasis on complex antitrust actions and eminent domain cases. Ed also serves as the firm's Partner-in-Charge of Training and Alumni Relations.

In his antitrust practice, Ed represents plaintiffs and defendants in monopolization and conspiracy cases. His eminent domain practice involves high stakes condemnation matters for property owners and government entities. Ed’s loss recovery practice consists of counseling and representing clients in antitrust disputes to recover overcharges.

Before becoming a lawyer, Ed spent five years as a Congressional staff member in Washington, D.C. He served as a Legislative Assistant to Senator John Heinz of Pennsylvania, where he advised the Senator on mass transit and housing legislation before the Senate Committee on Banking, Housing and Urban Affairs, as well as on legislation in the areas of transportation and agriculture. Before that, he was a Legislative Assistant to the Northeast-Midwest Senate Coalition, where he worked on a broad variety of legislative initiatives involving economic development.

Representative Matters

  • Leading a team that is defending the Delaware County Board of Elections in litigation brought by the Trump Campaign preemptively challenging application of the Pennsylvania Election Code to mail-in voting procedures on statutory and constitutional grounds. Ed is also representing the Delaware County Board of Elections in a parallel case brought by the Pennsylvania Democratic Party in the Commonwealth Court of Pennsylvania.
  • Representing multiple municipalities and water utilities as plaintiffs in actions claiming that defendants engaged in anticompetitive conduct in connection with the sale of aluminum sulfate, a water treatment chemical, that have resulted in multi-million dollar settlements for the municipalities and utilities.
  • Representing property owners in a complex eminent domain action related to a large parcel of land adjacent to the Philadelphia International Airport.
  • Defended a pharmaceutical manufacturer in antitrust class actions in Pennsylvania federal court involving allegations of monopolization related to patent litigations, a citizen petition filed with the U.S. Food and Drug Administration, and alleged reverse payment settlement agreement
  • Defeated class certification in consumer class action alleging violations of the Racketeer Influenced and Corrupt Organizations Act on behalf of hundreds of thousands of purchasers of residential title insurance.
  • Defended accounting malpractice actions brought against Big Four accounting firms by state insurance commissioners who had taken over major insurance companies
  • Obtained de minimis settlement on behalf of a major credit card issuer in a national antitrust class action case alleging a price-fixing conspiracy and Truth in Lending Act violations involving foreign currency conversion fees
  • Represented a publisher of a free Philadelphia newspaper distributed on urban mass transit systems that defeated a First Amendment challenge brought by The New York Times, The Philadelphia Inquirer, and USA Today
  • Successfully defended the owners of a major sports venue in Philadelphia against free speech challenges brought by groups seeking to stage demonstrations

Judicial Clerkships

Hon. Anthony J. Scirica, U.S. Court of Appeals for the Third Circuit

Recognition & Accomplishments

The Legal 500 US, Antitrust - Civil litigation/class action - defense and plaintiff, 2019

AV Peer Review Rating, Martindale-Hubbell

Publications

Co-author, "Pennsylvania Supreme Court Rejects Legislators’ Attack on Governor’s COVID-19 Emergency Proclamation," Ballard Spahr alert, July 6, 2020

Co-author, "New Challenges to PA Governor’s COVID-19 Emergency Authority," Ballard Spahr alert, June 17, 2020

Co-author, "Courts Find That Governors Enjoy Broad Police Power to Limit Private Activities in a Pandemic," Ballard Spahr alert, June 3, 2020

Co-author, "Pennsylvania Supreme Court Weighs In: COVID-19 Shutdown Is Not an Unconstitutional Taking," Ballard Spahr alert, April 16, 2020

Co-author, "Congress Considering New Federal Price Gouging Laws," Ballard Spahr alert, April 10, 2020

Co-author, "Understanding Price Gouging Laws During COVID-19," Ballard Spahr alert, April 3, 2020

Co-author, "Do the COVID-19 Shutdowns Constitute Takings Or Due Process Violations?" Ballard Spahr alert, March 30, 2020

Co-author, "The SEC's Renewed Focus on Financial Reporting and Accounting Fraud," Ballard Spahr Alert, October 28, 2013

Co-author, "Supreme Court Chooses Middle Ground in Assessing Reverse Payment Settlements," Ballard Spahr Alert, June 17, 2013

Co-author, "Second Circuit Dials Up Class Certification Standards in 'Flag Telecom' Opinion," Ballard Spahr Alert, July 27, 2009

Co-author, "First Circuit Upholds Victory for Corporate Taxpayers in Work Product Dispute," Ballard Spahr Alert, January 23, 2009

"Recent Federal Initiatives Highlight Need for Effective Compliance Programs," Ballard Spahr Health Care Alert, June 2004

"OIG Issues Final Compliance Program Guidance for Pharmaceutical Manufacturers," Ballard Spahr Health Care/White Collar Crime Alert, May 2003

"News Gathering Practices After Bartnicki v. Vopper," LDRC Prepublication/Prebroadcast Review Subcommittee Report, November 2002

"District Court Dismisses Libel Claim Against Website Operator for Lack of Personal Jurisdiction: Plaintiff's Residence in Jurisdiction Insufficient," The Legal Intelligencer, June 2002

"Striking the Wrong Balance: Constituency Statutes and Corporate Governance," Pepperdine Law Review, Volume 21, Number 3, 1994

Speaking Engagements

Speaker, "Antitrust in the Time of COVID-19: Pricing Issues and Dealing With Competitors," Ballard Spahr webinar, June 16, 2020

Speaker, "Antitrust Loss Recovery in Times of Economic Stress," Ballard Spahr webinar, April 2, 2020

Speaker, "The Trouble With Trebles," Ballard Spahr CLE Program, October 16, 2018

Speaker, "Everyday Antitrust Issues: You Don’t Know What You Don't Know," Ballard Spahr CLE Program, October 12, 2017 

Panelist, "Back to the Future: A CLE Focused on Antitrust Basics, the Evolution of Antitrust Law, and Ethical Pitfalls," Ballard Spahr CLE Program, November 16, 2015

Faculty, HarrisMartin's Antitrust Pay-for-Delay Litigation CLE Conference, Philadelphia, September 22, 2014

Columbia Law School (J.D. 1991)
Recipient, Harlan Fiske Stone Scholarship

Harvard University (A.B., magna cum laude, 1983)

New Jersey

New York

Pennsylvania

U.S. Court of Appeals for the Third Circuit

U.S. District Court for the District of New Jersey

U.S. District Court for the Eastern District of Pennsylvania

U.S. District Court for the Southern District of New York