Rachael is a partner of the Firm’s Commercial Litigation Group, Motor Vehicle Group, and Financial Institutions Group.
Commercial & Financial Institutions Litigation
Rachael's commercial litigation practice is focused primarily on class action defense and other complex litigation. Rachael regularly counsels and represents clients in a wide range of industries, including consumer products, banking and financial services, oil and gas, healthcare, real estate, and franchising, on a wide range of matters, including those involving consumer fraud, product liability, healthcare fraud, breach of contract, breach of warranty, and unjust enrichment claims. She has successfully defended numerous class actions and other high stakes litigation matters in state and federal courts around the country.
Representative matters include:
- Pending representation of state-chartered bank in putative class action alleging consumer fraud and unfair business practices, breach of contract, and usury relating to bank’s overdraft fee policies and procedures.
- Successful defense of numerous banks in putative class actions alleging violations of the fee notice requirements of the federal Electronic Funds Transfer Act.
- Successful defense of large oil company in putative class action alleging willful violation of the truncation requirements of the federal Fair and Accurate Credit Transaction Act;
- Successful defense of large luxury goods manufacturer and distributor in putative class action involving claims of consumer fraud, product liability, breach of warranty, and negligence relating to alleged presence of lead in cosmetic products;
- Successful defense of bank holding company in action in which plaintiff sought to impose a constructive trust on funds on deposit at related banking institution;
- Successful defense of large luxury goods manufacturer and distributor in putative class action involving claims of statutory fraud and unfair trade practices relating to the marketing and sale of certain artworks;
- Successful defense of large soft drink manufacturer in putative class actions involving consumer fraud and other tort claims relating to the alleged insufficiency of the manufacturer's disclosure of ingredients in soft drink product;
- Successful defense of large retail pharmacy in putative class actions involving consumer fraud, common law fraud, contract, and warranty claims relating to the pharmacy's prescription drug labeling practices;
- Successful defense of numerous health care systems and hospitals in putative class actions involving consumer fraud, contract, and unjust enrichment claims relating to hospital billing practices affecting the uninsured;
- Successful prosecution of contribution claim by large consumer products company against equipment manufacturer and contractor for liability arising out of industrial accident; and
- Successful representation of large industrial REIT in $50 million lawsuit involving termination of purchase agreement for certain real property portfolio.
Motor Vehicle Practice
Rachael regularly counsels and represents motor vehicle manufacturers and related entities in judicial and administrative proceedings across the country. Such matters include disputes relating to the establishment and termination of dealers, the enforcement of manufacturer corporate identity standards, including facility requirements, and manufacturer allocation methods and bonus programs, as well as consumer litigation.
Representative matters include:
- Successful defense of motor vehicle manufacturer in numerous fast-track arbitrations challenging the rejection and termination of certain dealer agreements during bankruptcy proceeding;
- Successful defense of motor vehicle manufacturer in several warranty reimbursement lawsuits relating to the dealer’s conduct of service operations from unauthorized locations;
- Successful defense of motor vehicle manufacturers in numerous actions challenging defendants’ ability to establish new dealerships;
- Successful defense of motor vehicle manufacturer in action challenging defendant’s ability to terminate dealer for failing to comply with facility renovation obligation;
- Successful defense of captive finance company in administrative proceeding involving claims that company’s financing policies unlawfully discriminated between branded and non-branded add-on products; and
- Successful defense of motor vehicle manufacturer in administrative proceeding involving claims of unlawful termination based on breach of dealer agreement covenants relating to minority ownership.
Life of the Firm
Rachael also is committed to community service and the life of the Firm. Rachael served for several years as the head of the Firm’s Diversity Committee, which is responsible for promoting diversity within the Firm, as well as sponsoring and overseeing the Firm’s community service efforts. Rachael was also the long-time head of the Firm’s Recruiting Committee, which is responsible for the Firm’s summer associate and lateral associate recruiting and hiring efforts. Rachael also continues her commitment to community service and diversity through pro bono legal work and active involvement in the Firm’s Women’s Committee.
Represented Motiva Enterprises (a joint venture of Shell and Saudi Aramco) in three consolidated actions brought in the U.S. District Court for the Southern District of Texas, alleging Sherman Act violations in the refined petroleum products market.
Represented Shell in consumer class action in the U.S. District Court for the Northern District of Illinois, alleging oligopolistic control over prices in retail gasoline market.
Professional Activities & Honors
- Member, American Bar Association
- Member, Defense Research Institute
- Founding Member, Women's Leadership & Mentoring Alliance
- Member, Women's Leadership Forum, DNC
- Member, Chicago Foundation for Women
- Supporter, The Women's Treatment Center
- Editor, The Vanderbilt Journal of Transnational Law
Speaking Engagements & Presentations
- 4/25/2017 – (Chicago, IL)
Articles & Publications
- 4/17/2018 – Barack Ferrazzano Client Alert
- 9/26/2017 – Barack Ferrazzano Client Alert
- 8/1/2017 – Barack Ferrazzano Client Alert
- 3/2/2017 – Barack Ferrazzano Client Alert
- 1/4/2017 – Barack Ferrazzano Client Alert
- Client Alert: Federal Banking Regulators Expand Banks Eligible for Extended 18-Month Examination Cycle12/20/2016 – Barack Ferrazzano Client Alert
- 12/15/2016 – Barack Ferrazzano Client Alert
Vanderbilt University Law School, J.D., 1998
The University of Chicago, B.A., 1993
Bar & Court Admissions
- State of Illinois
- State of Missouri
- District of Columbia
- U.S. Court of Appeals - 7th Circuit
- U.S. District Court - Northern District of Illinois
- U.S. District Court - Southern District of Illinois
- U.S. District Court - Eastern District of Missouri
- U.S. District Court - Western District of Missouri
- U.S. District Court - District of Columbia
- U.S. District Court - Eastern District of Wisconsin