David M. Rogers


Practice Focus and Experience

David Rogers practices in the Business Law, Employment, and Real Estate and Environmental areas. He has almost two decades of experience counseling public and private businesses of all sizes on a wide range of matters, including mergers and acquisitions, corporate governance, debt and equity financings, securities filings, and commercial real estate leasing. Dave’s experience serving as in-house counsel at a global manufacturing firm and in the high-tech sector for biotechnology and clean energy software companies provides him with a unique perspective and understanding of the complex challenges faced by in-house lawyers.

He also represents employers and employees on a range of employment law matters, including employment and non-competition agreements, drafting employee handbooks, counseling plaintiffs and defendants on discrimination claims, and advising employers on compliance with the complex body of state and federal laws governing the modern workplace.

In addition to being Of Counsel to Davis Malm, Dave serves in the Massachusetts House of Representatives as State Representative for the 24th Middlesex District (covering Arlington, Belmont, and Cambridge).

Representative Matters

  • Served as counsel for a life sciences company in a complex public-to-public merger, advising the Board and senior management on a wide variety of legal issues.
  • Represented a clean energy software company in several rounds of venture financing and in an unsecured commercial loan transaction.
  • Represented numerous public companies in securities filings, including 10-Ks and 10-Qs.
  • Drafted and negotiated licensing and manufacturing agreements for a Massachusetts-based manufacturing firm doing business worldwide.
  • Counseled lead bank in a banking syndicate for a $200 million secured lending transaction.
  • Represented client in an acquisition of a Mexican manufacturing company, including handling all aspects of the closing in Mexico City.
  • Drafted employee handbook and record retention plan for large multi-national manufacturing firm, with employees throughout the United States and the world.
  • While serving as in-house general counsel, assisted in successfully resolving a breach of non-competition agreement matter in which the Chief Technology Officer attempted to work for a direct competitor.
  • Trained a team of senior international managers for a global firm on the requirements of the Foreign Corrupt Practices Act.


  • Admitted: Massachusetts.
  • Member: Boston Bar Association.

Community Involvement

  • State Representative, Commonwealth of Massachusetts, 24th Middlesex District.
  • Vice Chair, Massachusetts Joint Committee on Marijuana Policy.

Publications and Speaking Engagements

  • David M. Rogers sits down with Radio Entrepreneurs to discussthe legalization of adult-use marijuana in Massachusetts, Radio Entrepreneurs (14:54), 2017, David M. Rogers (interviewed)
  • Insights on the legalization of adult use marijuana in Massachusetts, Radio Entrepreneurs (14:54), 2017, David M. Rogers (podcast interview)
  • Quarterly Cannabis Caucus for the Northeast Region, National Cannabis Industry Association, 2017, David M. Rogers (speaker)
  • Feed Your Mind: Drafting and Enforcing Non-Competition and Non-Solicitation Agreements, Massachusetts Bar Association Continuing Legal Education, 2015, David M. Rogers (co-presenter)
  • For employers, time to review drug-testing policies, New England In-House, 2015, Tamsin R. Kaplan and David M. Rogers (co-authors)


2019 Employment Law Seminar (1:31:32)
Presented By Lawrence J. Casey, Emily P. Crowley, Robert M. Kaitz, Tamsin R. Kaplan and David M. Rogers
Larry Casey, Emily Crowley, Robert Kaitz, Tamsin Kaplan, and Dave Rogers discuss some of the hot topics surrounding employment laws, including the Massachusetts Non-Competition Agreement Act, HIRD forms, paid family and medical leave, minimum wage and overtime requirements, the Massachusetts Wage Act, employee disabilities, the new EEO-1 form, the BRAVE Act, and news from the Massachusetts State House.

News from the Massachusetts State House (0:06:05)
Presented By David M. Rogers
Dave Rogers discusses some of the bills pending on Beacon Hill, including an Act relative to the defense against abusive waivers, an anti-harassment and anti-bullying bill, a fair work week bill, and an Act relative to employment discrimination protections for legal cannabis.