Daniel B. Rogers

Practice Areas

Product Liability; Appellate; Class Action and Complex Litigation; Employment Litigation and Policy; Privacy and Data Security; Business Litigation; Cannabis Law

Career

Dan is the Managing Partner of Shook’s Miami Office. He is an appellate, class action and commercial litigator whose diverse practice runs the gamut of complex civil litigation.

Appeals. A Board Certified Specialist in Appellate Practice since 2013, Dan has briefed or presented oral argument in more than 75 appeals across the country. He has handled appellate matters in the U.S. Courts of Appeals for the 3d, 4th, 5th, 9th, 11th, and D.C. Circuits and the state appellate courts of Connecticut, Delaware, Florida, Maine, Massachusetts, Missouri, New Jersey, Tennessee and Utah. Dan’s appellate victories have included significant issues of first impression and the use of creative, precedent-setting appellate strategies.

Class Actions. Dan’s class action practice focuses on defending product manufacturers and retailers from claims alleging deceptive and unfair trade practices. He has successfully defended dozens of consumer class actions, securing multiple dismissals and orders denying class certification. Where appropriate, Dan has also helped clients eliminate class-action risk by negotiating favorable individual and classwide resolutions.

Commercial Litigation. When not litigating class actions or appeals, Dan has successfully represented individuals, small businesses and multinational companies as both plaintiffs and defendants in matters involving product liability, employment, real estate and the full spectrum of business disputes. He has tried jury and non-jury cases in state, federal and administrative courts.

Professional and Community Involvement. Dan has written and lectured about class actions, appeals, legal ethics, expert witnesses and emerging issues in environmental law. He has also been involved with the Florida Standard Jury Instructions Committee for Civil Cases since 2011, and the Florida Supreme Court appointed him chair of the Committee.

In addition, Dan has devoted significant time to pro bono efforts, helping those who cannot afford legal representation with their criminal, immigration, probate and family law problems. He also volunteers his time as an appointed member of the Miami-Dade County Planning Advisory Board, the county’s designated local planning agency and the main advisory board to the Board of County Commissioners on matters related to land use, municipal annexations and incorporations.

In years past, Dan served on the Board of the 11th Judicial Circuit Historical Society, including as its Chair, working to preserve and educate others about South Florida’s legal heritage. He also served multiple terms as Chair of the Dade County Bar Appellate Court Committee.

Professional Memberships

Florida Supreme Court, Standard Jury Instructions in Civil Cases Committee, Chair (2022-2023); Vice Chair (2020-2021); Member (2014-Present); Reporter (2011-2013)

The Florida Bar, Section of Appellate Practice

Dade County Bar Association, Appellate Court Committee, Chair (2014-2016); Co-Chair (2013-2014); Vice-Chair (2012-2013)

American Bar Association, Section of Litigation, Product Liability Litigation Committee, Appellate Practice Committee (Appellate Rules and Statutes Subcommittee)

Publications

Money and Clients: Attorneys Divided on Florida Supreme Court Stance on Non-Lawyer Ownership, Daily Business Review, April 5, 2022.

Time to Revisit Trial Strategy as Florida Supreme Court Changes Final Authority on Jury Instructions, Daily Business Review, November 21, 2021.

Evidence of Nothing Overcomes No Evidence, Drug & Device Law, June 4, 2020.

Tufts Must Face Suit Over Patient’s Infection Death, Law360, June 1, 2020.

For a full list of publications, presentations and media, visit https://www.shb.com/professionals/r/rogers-daniel

Work Highlights

Board Certified Specialist in Appellate Practice, The Florida Bar

Florida/Eleventh Circuit Appellate Practice Team Chair

The Best Lawyers in America (Appellate Practice)