Stephen Rosenberg attended American University and graduated with a Bachelor of Science in Political Science in 1986. He subsequently received his law degree from the Boston University School of Law in 1990. While in law school, Mr. Rosenberg received the American Jurisprudence Award in Criminal Law, and was recognized as a G. Joseph Tauro Distinguished Scholar and as a Paul Liacos Scholar. He also served as the Articles Editor for the Annual Review of Banking Law. Mr. Rosenberg has published articles and presented seminars on insurance coverage and insurance bad faith law, such as a seminar for the Massachusetts Bar Association on “What Every Business Lawyer Should Know About Insurance Coverage.” He is also a contributing editor for Pension Governance, LLC, a subscriber based website providing information to the pension fiduciary community, and for which he writes regularly on pension, 401(k), ERISA litigation, and insurance related issues.
Mr. Rosenberg is admitted to practice in the Commonwealth of Massachusetts, the United States District Court for the District of Massachusetts, and the United States Court of Appeals for the First Circuit.
Mr. Rosenberg has represented clients in litigation in federal courts, state courts, commercial arbitrations and administrative tribunals in a variety of jurisdictions throughout the country, and has represented clients in non-litigation matters involving insurance coverage in almost every jurisdiction in the country. He has won – and lost – jury and bench trials, and prevailed on summary judgment and other motions involving a wide range of commercial, intellectual property, contract, ERISA, tort, bad faith, and insurance coverage issues.
Among other areas, he has litigated cases involving environmental insurance coverage, trade dress infringement, patent infringement, copyright infringement, real estate disputes, ERISA benefit denials, breach of fiduciary duty under ERISA, professional liability insurance, contract disputes, employment discrimination, insurer bad faith, design defects and construction.
Highlights from his practice over the past several years include the following:
*Successfully defended biotech distributor against trademark, trade dress and copyright infringement claims in federal court in Massachusetts arising out of the sale of allegedly infringing labels designed for cryogenic conditions.
*Lead trial counsel in a patent infringement action.
*Persuaded federal district court to dismiss copyright infringement claims against architect, owner and builder of award winning commercial construction project on theory that allegations of complaint were sufficient to establish that the plaintiff architect had constructive knowledge of the alleged infringement more than three years prior to filing suit.
*Obtained state court trial verdict in favor of client in multi-million dollar unfair trade practices claim.
*Tried to verdict an environmental reinsurance case involving coverage under a missing thirty year old contract between two prominent insurance companies.
*Negotiated favorable resolution of complex arbitration proceeding in Florida under the Florida state arbitration act, after defeating action in state court in Florida to dismiss arbitration and require the case to be litigated in state court.
*Served as trial counsel in multi-million dollar arbitration before three member panel concerning insurance coverage for patent litigation against major managed care companies. The arbitration was eventually settled under favorable terms.
*Obtained summary judgment in federal district court on the issue of whether a particular corporate acquisition qualified as a change in control for purposes of a corporate stock incentive plan available only to officers of the acquired corporation.
*Represented former member of investment partnerships with regard to tax, accounting and bad faith claims arising out of dissolution of multiple related investment partnerships.
*Defeated attempt by national insurance brokerage to convince federal court in West Virginia to enjoin an ongoing arbitration.
*Negotiated successful resolution of copyright infringement action brought in the Southern District of New York by an Italian clothing manufacturer against a California based importer and wholesaler. The settlement accomplished client’s key strategic goal of insulating customers against direct claims or other exposures as a result of the alleged infringement.
*Obtained, by challenging personal jurisdiction and plaintiff’s forum shopping, dismissal and transfer to more convenient forum of trademark, trade dress and copyright infringement action brought in Massachusetts by a Colorado corporation against a California based competitor.
*Defeated claim before the Massachusetts Commission Against Discrimination that an employee benefit plan illegally discriminated between benefits for mental health conditions and benefits for other conditions.
*In case of first impression in the First Circuit, obtained dismissal of claims against former plan administrator on ground that none of the items of relief available to a plan participant under section 502 of ERISA can be enforced against a party that has ceased administering the plan.
*Obtained summary judgment in a number of ERISA cases involving whether a former employee continued to qualify for benefits under the terms of an applicable ERISA governed plan.
*Represented a third party administrator of multiple employee benefit plans in a multimillion dollar breach of fiduciary duty lawsuit.
*Defeated claims of HIPAA violations arising from collection of medical information during investigation of plan participant’s claim for benefits.
About this Blog
The Boston ERISA and Insurance Litigation Blog is intended to provide you, the reader, with timely and useful information concerning current legal developments in two of my litigation specialties – and favorite topics – ERISA and insurance coverage. This blog will generally look first at and cite to the law of the First Circuit and Massachusetts, but will also note significant cases from other jurisdictions as well. My goal for this blog is twofold: first, to inform you about recent and interesting cases in these fields; and, second, to provide you with thoughtful commentary about interesting issues in these fields.
It is my hope that my experience in litigating cases in these two (and other) fields will allow me to put some of the issues framed by recent decisions or discussed in other sources in a useful context, allowing you, the reader, to increase your expertise in these areas. I welcome any reader feedback that will allow me to accomplish this blog’s objectives more effectively or more efficiently, or that will otherwise help me to make this blog useful to you, whatever your level of expertise or interest in these fields.