The McCormack Firm, LLC

Stephen D. Rosenberg

Mr. Rosenberg is a trial lawyer with extensive experience in ERISA, insurance coverage, insurance bad faith, and intellectual property litigation. He has represented clients in federal and state courts in a number of jurisdictions, as well as in commercial arbitrations. He heads the firm’s ERISA practice and is the author of the Boston ERISA and Insurance Litigation Blog, covering developments in ERISA litigation, intellectual property litigation, insurance coverage, electronic discovery, and other topics of interest.

Mr. Rosenberg has served as trial counsel in patent infringement litigation, represented clients in copyright and trade dress disputes, litigated a range of insurance coverage and bad faith actions, and represented parties in ERISA litigation at both the federal district court level and before the United States Court of Appeals for the First Circuit. He has litigated cases in federal courts in Massachusetts, Rhode Island, the Southern District of New York, West Virginia, Baltimore, and Washington, D.C. A graduate of American University and the Boston University School of Law, he was recognized as a G. Joseph Tauro Distinguished Scholar and as a Paul Liacos Scholar while in law school. He also served as the Articles Editor for the Annual Review of Banking Law, and was awarded the American Jurisprudence Award in Criminal Law. A frequent commentator on intellectual property, ERISA and insurance coverage issues, he has been quoted in a range of publications, including the BNA Pension and Benefits Reporter, Business Insurance, and the National Law Journal. He currently serves on the Board of Editors of Pension Governance LLC, where he writes regularly on litigation issues involving ERISA.

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. He has also been admitted pro hac vice to the courts of a number of states.

His intellectual property, ERISA, and commercial litigation practice over the past several years has included the following representations:

Intellectual Property

Lead trial counsel in patent infringement action tried to a jury; case resolved by settlement after one week of trial on very favorable terms for client.
Successful defense of biotech distributor against trademark, trade dress and copyright infringement claims.
Representation of technology company in copyright disputes involving computer software.
Provide advice to executive management of a management consulting company on copyright dispute with former consultant over use and ownership of consulting materials.
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.
Advise licensor of patent product in licensing dispute and potential litigation with licensee/manufacturer.

Commercial Litigation

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 ongoing arbitration.
Obtained state court 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.
Trial counsel in multi-million dollar arbitration before three member panel concerning insurance coverage for patent litigation against major managed care companies.

ERISA Litigation

Prevailed at the First Circuit Court of Appeals on behalf of two Fortune 100 companies in a benefits dispute arising out of company's nationwide employee benefits plan.
Represented a third-party administrator of multiple employee benefit plans in a multi-million dollar breach of fiduciary duty lawsuit.
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 in pression in the First Circuit Court of Appeals, 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 former plan administrator.
Obtained summary judgment in multiple cases concerning whether a former employee continued to qualify for benefits under the terms of a benefit plan.

Mr. Rosenberg's reported decisions include:

Lexington Ins. Co. v. Dreyfuss Bros. Inc., 1993 WL102629 (D.D.C. 1993)
Loftis v. Liberty Mut. Ins. Co., 1995 WL 491340 (Mass. Sup. Ct. 1995)
Doe v. Liberty Mut. Ins. Co., 423 Mass. 366 (1996)
Cohen v. Liberty Mut. Ins. Co., 41 Mass. App. Ct. 748 (1996)
Day v. Fallon Community Health Plan, Inc., 917 F. Supp.72 (D. Mass. 1996)
Trustees of Canterbury Heights Manor Condominium v. Public Service Mut. Ins. Co., 5 Mass. L. Rptr. 341 (1996)
Resendes v. Boston Edison Co., 2000 WL 421004 (Mass. Super. Ct. 2000)
Kansky v. Coca-Cola Bottling Co. of New England, 492 F.3d 54 (1st Cir. 2007).