Michael’s national trial practice involves primarily representing Midwest-based contractors (GC, CM, DB, EPC), engineers, architects and developers. His vast trial and arbitration experience includes more than 100 verdicts and awards throughout the United States. In addition to representing contractors and design professionals (including some of ENR’s leading companies), Michael is a trusted advisor to multiple universities and private developers for their construction and procurement needs.
Michael routinely leads teams of attorneys at Kutak Rock, LLP, providing counsel and solutions to major constituents in the construction industry on projects involving manufacturing, education, health care, entertainment (including sports complexes and arenas), government, transportation (airports, roads and bridges), military, energy and hospitality sectors. On many occasions throughout his career Michael has been involved in “bet-the-company” litigation for contractors and design professionals, large and small. The results obtained for those clients, and their continued success today, is a constant reminder to Michael of his professional purpose.
Michael’s marriage to Hannah Joy, his wife, of the past 25 years, and their daughter Micah and son Samuel, are his true passions in life. Michael has been recognized by The Best Lawyers in America for construction law and construction litigation since 2010.
Recognized by Chambers USA and The Best Lawyers in America as a leading construction lawyer, Mr. Rogers earned his reputation by attaining successful outcomes in construction litigation and procurement matters, simple and complex alike, across the United States and internationally. He is involved in negotiations of large construction projects, representing owners, lenders, designers, and contractors. Mr. Rogers has tried jury cases to a result in eight different states. He is an experienced arbitration attorney based upon thousands of arbitration demands and having tried scores of arbitrations to a result, in virtually every one of the contiguous states. He serves as an arbitrator and mediator as well, assisting in the resolution of construction disputes. Among his current, long-term clients are some of the country’s largest general contractors and one of the largest international power developers.
Mr. Rogers is a founding member of the firm’s construction practice. Established in the 1970s with two lawyers, the group is now over 55 lawyers strong and spread across all Bradley offices from D.C. to Houston to Tampa. Mr. Rogers delights in mentoring the group’s less experienced lawyers and gives particular emphasis to learning the value of exceeding clients’ expectations on service.
Mr. Rogers received his bachelor’s degree from Yale University and his J.D. from Harvard University.
In 2018, Barbara G. Werther of Troutman Sanders LLP in Washington, DC, served as the 2018 President of the Construction Lawyers Society of America. She is recognized as one of the leading construction and government contracts attorneys in the United States with more than 35 years of experience in construction and government contracts law. She has been resoundingly and consistently recognized as being one of the top lawyers in construction law. In addition to being a Charter Fellow of the Construction Lawyers Society of America, she is a Fellow of the American College of Construction Lawyers, recognized by Chambers USA and listed in Best Lawyers in America, Construction Law (2012-2017). Ms. Werther has lectured extensively to clients and various trade associations on a variety of construction law topics. Her expertise and experience is reflected in her comprehensive practice. She is known as an expert on contract terms and conditions for developers and owners, and focuses on contract drafting and negotiation. She also represents owners, contractors and subcontractors in litigation involving scheduling, delays, inefficiencies, changes, differing site conditions, and terminations for default.
Ms. Werther’s trial accomplishments are substantial. Some of her successes include winning the largest jury verdict ever in a commercial case in Jackson County, Mississippi, for a subcontractor on a project that involved the dismantling of a fertilizer-manufacturing facility; settling a nine-figure claim for alleged defective windows where the plaintiff had already prevailed in one trial and sought to enforce that judgment in 38 other lawsuits; obtaining a rare summary judgment on the behalf of a plaintiff contractor in a default termination case against a subcontractor; and securing the first and only case in which the court overturned the Navy contracting officer’s non-responsibility determination and directed an award to a contractor, among many others.
Ms. Werther excels as a trial lawyer and as a skilled arbitrator and mediator with the American Arbitration Association (AAA). She has completed advanced mediation training with the Center for Dispute Settlement at Judicial Arbitration and Mediation Services, Inc. (JAMS) and employs uncompromising objectivity in resolving multi-party, complex case disputes where the parties appear to be unyielding.
In 2017, William G. (“Bill”) Geisen served as the first President of the Construction Lawyers Society of America. Mr. Geisen is a partner with Stites & Harbison PLLC and serves as the Chairperson of the firm’s Construction Service Group.
Mr. Geisen practices exclusively in the area of construction law and has represented parties across the entire spectrum of the field, including owners, developers, general contractors, design builders, prime contractors, subcontractors, design professionals and sureties. As a result, he has handled construction matters from all perspectives of the industry. Mr. Geisen drafts and negotiates construction contracts, but the bulk of his practice focuses on various forms of dispute resolution, including arbitration and litigation. During the course of his career, he has litigated cases in 14 states and the District of Columbia. He also serves frequently as a mediator and arbitrator of construction disputes.
One of the highest honors and most challenging engagements of Mr. Geisen’s career was representing Chief Justice John Milton of the Kentucky Supreme Court, who, by statute, oversees the Commonwealth’s $800 million Kentucky Courthouse Construction Program. In 2009, issues arose regarding the manner in which those courthouse construction projects were bonded; and in order to be legally compliant, the Chief Justice had to modify the manner in which the projects were bonded by requiring that the general contractor or construction manager furnish performance and payment bonds equivalent to 100 percent of the contract price. Such an unpopular change absorbed much more of each general contractors’ or CM’s bonding capacity, added millions of dollars to the costs of the judicial center construction projects and called into question previous construction practices relative to them. Through Mr. Geisen’s counsel, the Chief Justice was able to avoid litigation following the change. Mr. Geisen’s advising the Chief Justice and the six other Kentucky Supreme Court Justices about bonding requirements for the program has been a highlight of his career.
In 2010, Mr. Geisen was honored to become a Fellow in the American College of Construction Lawyers; and in 2015, he received the honor of selection as a Fellow in the Litigation Counsel of America. Since 2013, he has been designated “Band One” in the area of construction litigation by Chambers USA. He is listed among Kentucky Super Lawyers and has been recognized in Best Lawyers in America for construction law since 2007.
Mr. Geisen was one of the founding members of the Kentucky Bar Association’s Construction and Public Contract Law Section and served as its Chairperson from 1995-1997. He has also served as Chairperson and Co-Chairperson of the Midwest/Midsouth Construction Law Institute, a bi-annual construction law program, since 1998. In addition, Mr. Geisen is a frequent lecturer on a variety of construction law topics at national construction industry conferences.
Mr. Geisen has been involved in a number of charitable and civic organizations, primarily in association with the Catholic Church. He has served as Chairperson of the Board of Catholic Education in his local Diocese, Chairperson of Parish Council for his local church and as President of the Boosters’ Organization for his sons’ high school.
Having received an Honors Bachelor of Arts (magna cum laude) from Xavier University in Cincinnati, Ohio, Mr. Geisen then received his J.D. from the University of Kentucky College of Law in Lexington, Kentucky.
He and his wife, Sandy, have three children, Cassie, Will and Beau; and among other activities, they enjoy spending time at and boating on Norris Lake, near Knoxville, Tennessee.