Roger Cooper’s practice focuses on complex civil litigation, with an emphasis on disputes arising out of securities, M&A and derivative transactions, as well as on corporate governance issues. 

He also is very active in Cleary’s pro bono practice.

Roger joined the firm in 2003 and became a partner in 2011.

Notable Experience

  • Assured Guaranty in a number of derivatives litigations relating to the termination of credit default swap (CDS) contracts, including one in which he is currently defending against a claim brought by Lehman Brothers International (Europe) for more than $1 billion relating to the termination of CDS.

  • Atlantic Power Corporation in federal securities class action litigation under the Securities Exchange Act of 1934 (In re Atlantic Power Corp. Secs. Litig.), where the Cleary team secured dismissal of the complaint before the district court; that ruling is now on appeal to the First Circuit.

  • Bank of America Merrill Lynch in ongoing individual securities actions filed across the country in connection with the issuance and underwriting of residential mortgage-backed securities (RMBS) and has secured the dismissal of RMBS complaints in the Southern District of New York (IKB Intern’l v. Bank of America, et al.), and affirmance of that dismissal by the Second Circuit and Tennessee state court (First Community Bank v. First Tennessee Bank, et al.).

  • Leading investment banks and other financial institutions in securing dismissals of class and institutional investor actions in connection with claims arising out of the underwriting of securities issued by Lehman Brothers and the underwriting of securities issued by Royal Bank of Scotland.

  • Merrill Lynch in a securities fraud case relating to its sale of notes from a collateralized debt obligation (Loreley Financing v. Merrill Lynch).

  • CARBO Ceramics in a federal securities class action litigation under the Securities Exchange Act of 1934 in securing dismissal of the complaint (In re Carbo Ceramics Inc. Stock and Options Secs. Litig.; In re Carbo Ceramics Inc. Stock and Options Secs. Litig.). 

  • Petrobras and other defendants in federal securities class action litigation under the Securities Exchange Act of 1934 and the Securities Act of 1933 (In re Petrobras Securities Litigation).

  • Acquirers and financial advisors in merger litigation in connection with Kindred Healthcare’s acquisition of Gentiva Health Service, Open Text’s acquisition of Actuate, the going-private transaction of Trunkbow International, Suntory’s acquisition of Beam, 3M’s acquisition of Ceradyne, Kinder Morgan’s acquisition of Copano Energy and Freeport McMoran’s acquisition of Plains Exploration & Production, among others.

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Selected Activities

  • Member, Committee on Securities Litigation, Association of the Bar of the City of New York
  • Board Member, The Fund for Modern Courts
  • Law Clerk to the Honorable B. Avant Edenfield of the U.S. District Court for the Southern District of Georgia, 2002-2003

Publications

  • Supreme Court to Consider Whether Class Actions Under The Securities Act Of 1933 May Be Brought In State Courts,” Cleary Gottlieb Alert Memo (July 6, 2017)
  • “Derivatives,” Business and Commercial Litigation in Federal Courts, Fourth Edition (Thomson Reuters and the American Bar Association Section of Litigation) (February 23, 2017), co-authored with Thomas Moloney, Carmine Boccuzzi and Rishi Zutshi
  • “Rebutting the Presumption of Reliance in Securities Class Actions,” New York Law Journal: Complex Litigation (June 10, 2013), co-authored with Matthew M. Bunda and Anthony M. Shults
  • Chapter, “Derivatives Litigation,” Business and Commercial Litigation in Federal Courts (ed. Robert L. Haig, 2011), co-authored with Thomas J. Moloney and Carmine D. Boccuzzi
  • “First Department Limits Securities Fraud Holder Claims,” New York Law Journal Litigation (February 28, 2011), co-authored with Matthew M. Bunda
  • “The Primacy of Standing in Mortgage-Backed Securities Class Actions,” U.S. Law Week (Vol. 78, No. 42, May 11, 2010), co-authored with Mitchell A. Lowenthal
  • “Broad Ruling in Enron Bankruptcy Appeal Restores Certainty to ‘Settlement Payment’ Safe Harbor,” Derivatives (Vol. 16, Issue 11, April 12, 2010), co-authored with Avram E. Luft
  • The Continuing Saga of Westar Energy v. Lake: Advancement of Reasonable Legal Fees in Federal District Court,” White Collar Crime (Vol. 23, Issue 3, Dec. 2008), co-authored with Lewis J. Liman

Events