Practice Areas: Litigation, General Municipal, Data Privacy and Security, Regulatory Compliance and Enforcement
Attorney Roger L. Smerage joined the firm in 2023 as a Senior Attorney after practicing commercial and banking litigation for more than a decade. Attorney Smerage has extensive experience representing clients in state and federal courts, as well as in arbitration and mediation. His clients have included businesses large and small in the banking, construction, wireless communications, real estate development, and hospitality industries, among others.
Attorney Smerage has considerable experience with all aspects of pre-trial civil litigation, including the preparation of pleadings and motions to dismiss, conducting discovery, and summary judgment. Attorney Smerage has also tried cases in both jury and jury-waived settings in Massachusetts Superior Court. He has conducted direct and cross examination of both fact and expert witnesses, handled charge conferences, and delivered closing statements. Attorney Smerage has significant experience prosecuting and defending civil appeals, as well. He has worked on briefs submitted to the Massachusetts Appeals Court and Supreme Judicial Court, various United States Courts of Appeal, and the United States Supreme Court. His appellate experience also includes arguing before the Massachusetts Appeals Court.
Attorney Smerage has also advised clients on compliance with state and federal statutory and regulatory requirements, including requirements for consumer lending, data privacy, and fair housing. He has assisted clients in the drafting of compliance policies, written information security programs, and contract terms and conditions. He has participated in guiding clients through government investigations, as well.
Attorney Smerage is also the Town Moderator in Wenham, a position to which he was elected in 2021. In this role, he has presided over annual and special Town Meetings and also serves as the chair of the town’s FinCom Appointing Committee.
Prior to joining the firm, Attorney Smerage was an associate at a Boston-based business law firm and, before that, in the Boston office of a global law firm. During law school, he served as a judicial intern to the Honorable William G. Young of the U.S. District Court for the District of Massachusetts and to the Honorable Robert McKenna, Jr., of the Boston Municipal Court.
- Represented Plaintiff in appeal in Suffolk County Superior Court from city zoning board of appeals’ denial of conditional use permit and variance, including successfully defending city’s attempt to obtain summary judgment.
- Second-chaired bench trial in abutter’s appeal in Suffolk County Superior Court from architectural commission’s issuance of certificate of appropriateness.
- Obtained pre-judgment attachment in commercial aircraft loan collection action and positioned case for favorable settlement through summary judgment motion.
- Second-chaired two-week jury trial in Middlesex County Superior Court in closely-held business dispute involving alleged breach of fiduciary duty and conversion, then led preparation of post-judgment briefs to Superior Court and Supreme Judicial Court to maintain verdict.
- Led construction company’s appeal from Appeals Court Single Justice order allowing project owner’s untimely appeal from summary judgment on matter of first impression under Massachusetts law.
- Massachusetts Bar Association
- Massachusetts Moderators Association
- Massachusetts Bar
- United States District Court, District of Massachusetts
- United States District Court, Northern District of Illinois
- United States District Court, Eastern District of Wisconsin
- United States Court of Appeals, First Circuit
- United States Court of Appeals, Second Circuit
- United States Court of Appeals, Seventh Circuit
- United States Court of Appeals, D.C. Circuit
Suffolk University Law School
Juris Doctor, 2009 (summa cum laude)
Bachelor of Arts, 2004
- Hamilton Wenham Edfund Board – Director (2022-Present)
- Wenham Town Government Study Committee (2021-2022)