Stephan Rogers | San Antonio Business Lawyer | Texas

I've recently won two significant appeals in the Texas Supreme Court. In Gonzales v. Olshan Foundation Repair Co. (2013), the court accepted my argument that where a company providing repair services gives an express warranty that sufficiently describes the manner, performance or quality of the services, the parties' contract will be respected and the courts will not impose an additional implied warranty of good and workmanlike repairs to existing tangible goods. The other appeal, a mandamus action consisting of four consolidated cases, raised the issue of what an arbitration clause must say to exclude the Federal Arbitration Act (FAA) and thus allow enforcement of state-law restrictions on arbitration that would otherwise be preempted by the FAA. In re Olshan Foundation Repair Co. (2010). The court held that clauses which provide that arbitration will be conducted pursuant to the arbitration laws of Texas do not exclude the FAA, because the FAA is the law of Texas. What information can you provide in a free phone consultation? The first contact will involve a general discussion of the issues of concern to the prospective client, and identification of the parties. Once it is determined no conflict of interest precludes representation, it is usually necessary to sit down together to evaluate the situation and the risks and potential cost of legal action, and to determine whether our firm is able to provide the requested services. What differentiates you from other lawyers in your community? I have worked in both large and small law firm environments, on both the plaintiff's and defendant's side of the bar. I have been involved in a wide variety of different areas of the law, both at trial and on appeal. I bring a wide perspective and creative approach that is grounded in knowing how principles of justice are manifested in myriad legal contexts, while maintaining focus on the client's needs and objectives.

The three most rewarding aspects are (1) helping people who have been victimized by injustice or unfounded litigation find justice; (2) persuading the courts to develop and change the law in ways that are beneficial to both individuals and society at large; and (3) mentoring younger lawyers and helping them develop into effective, ethical and respected advocates for justice and community improvement.

My major extracurricular activity is music. I sing with the San Antonio Symphony Mastersingers and play electric bass with the Cedar Fever Band. I also have a bachelor's degree in music theory & composition, and write music when I can find the time.

I am very active in my community and encourage my other attorneys to also become active community leaders. I am a board member and past president of the Friends of the Cibolo Wilderness, a non-profit which operates the Cibolo Nature Center and Farm in Boerne, TX. I am also on the boards of the Boerne Community Theatre and the Hill Country Council for the Arts. These organizations are dedicated to promoting conservation, stewardship of the environment, and enrichment of quality of life through the arts.

• Real Estate Risk Management & Compliance Association (founding director)
  Texas Bar Association, School Law, Appellate Law & Real Estate Sections
  Fellow, Texas Bar Foundation
  Member, College of the State Bar of Texas
  Member, American Bar Association
  San Antonio Bar Association, Appellate Practice Section (Past President)
  Council of School Attorneys, Texas Ass’n of School Boards
  San Antonio Symphony Mastersingers
  Friends of the Cibolo Wilderness (Board of Trustees - past president)
  Boerne Community Theatre (Board of Governors - secretary)
  Hill Country Council for the Arts (Board of Directors, Business Committee)
  San Antonio Board of Realtors (affiliate member)
  Texas Association of Realtors & National Association of Realtors (affiliate member)
  Texas Public Radio (Business Supporter)
  Leadership Boerne Class 2009-10 (Greater Boerne Chamber of Commerce)
  Greater Boerne Chamber of Commerce, Member
  Bandera Chamber of Commerce, Member
  Comfort Chamber of Commerce, Member
  NAACP, Member
  Nature Conservancy, Member

• Board Certified, Texas Board of Legal Specialization, Civil Appellate Law
  Juris Doctor with Distinction, St. Mary’s School of Law (1988)  

• Albertsons, Inc. v. Ortiz, 856 S.W.2d 836 (Tex. App.–Austin 1994, writ ref'd) (constitutional torts–no constitutional right to sue for damages for alleged violation of free speech rights in connection with picketing of grocery store by farmworker's union). In re Alcatel USA, Inc., 11 S.W.3d 173 (Tex. 2000) (mandamus, disallowing apex depositions of high corporate officers). Allstate Insurance Co. v. Watson, 876 S.W.2d 145 (Tex. 1994) (insurance law–third-party claimant has no direct cause of action for unfair claims settlement practices against liability insurer). Asmussen v. Wilson, 775 S.W.2d 676 (Tex. App.–San Antonio 1989, writ denied) (usury–summary judgment against business reversed). Bangert v. Shaffner, 848 S.W.2d 353 (Tex. App.–Austin 1993, writ denied) (torts–negligence appropriate standard of liability in connection with parasailing accident). Baptist Memorial Healthcare System v. Casanova, 2 S.W.3d 306 (Tex. App.—San Antonio 1999, pet. denied) (employment law—worker’s compensation—anti-retaliation statute—enforcement of uniform employee absence control policy). Please visit www.rogersmoorelaw.com for more information.

• Real Estate:  Offer & Acceptance in the Digital Age (Oct. 2013)
  Mandatory Risk Management Road Show (May 2013 - Houston & surrounding areas
  Rethinking Partition, John Huffaker Agricultural Law Course, Lubbock, TX (State Bar of Texas—February 2013)
  Understanding Copyright Law, Texas School Public Relations Association Conference (February 2009)
  Interviewing—What You Can and Cannot Ask, Personnel Skills for Supervisors and Non-Exempt Staff, Texas Association of School Personnel Administrators  (San Antonio 2008)
  Speech by School Employees:  Balancing Free Speech with Safe and Efficient School Operation, Texas Association of School Personnel Administrators (2005 & 2008)
  Speech in School:  Primer on Free Speech Rights in the Workplace, Defamation, and Dealing with the Media, Texas Association of School Personnel Administrators—Fall Workshop for School Support Personnel (2007)
  Discrimination from A to Z, San Antonio Area Personnel Skills for Supervisors of Non-Exempt Personnel, Region 20 (2007)
  Water Rights Sales and Transfers, Special Problems in Water Transfers:  Interbasin Transfers, Indirect Reuse, and Use of Watercourses for Delivery of Water (Lorman) (2007)
  Education Foundations, 3d Annual Practical Hands-On Construction & Facilities Advice for Community Schools & Colleges (2005)  
  Media Law Training and Update (San Antonio Business Journal)
  Avoiding the Money Pit—Pro-Active Environmental Compliance (San Antonio 1998)
  Appellate Practice in the Fourth and Thirteenth Court of Appeals (Corpus Christi 1997)
  Appellate Practice Spring Training 2002, St. Mary’s School of Law (San Antonio)  

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