Rachel Raphael

Partner

Overview

Rachel Raphael focuses on mass tort, product and consumer litigation and product risk management matters. Her practice includes a broad spectrum of complex commercial, consumer, and retail litigation. Rachel has significant experience litigating commercial disputes on behalf of clients in a wide range of industries, from automotive to personal care.

Rachel also advises clients on a variety of consumer protection issues with a particular focus on product safety and regulatory compliance. In this role, she helps clients identify and analyze risks associated with new and existing ventures or products; comply with new or existing regulatory requirements; and navigate consumer complaints about the products they manufacture, import, distribute, and sell. Rachel also represents clients in response to inquiries from, and enforcement actions by, State Attorneys General, the Consumer Product Safety Commission (CPSC), the Food and Drug Administration (FDA), the National Highway Traffic Safety Administration (NHTSA), and other regulators throughout the globe.

Rachel brings strong case and project management talent to her matters. Clients appreciate her proactive, analytical approach to day-to-day tasks such as drafting litigation-related materials and conducting discovery. Rachel’s courtroom experience includes having appeared before federal and state court judges and arbitration tribunals for arguments, hearings, and pre-trial conferences. She contributes to extensive thought leadership, focusing most recently on issues affecting beauty, health and wellness companies; the correlation between product recalls and class action lawsuits; and the product liability implications of Internet-connected devices.

Rachel also has an active pro bono practice. She has represented clients in pursuit of asylum and special immigrant juvenile status. Rachel has also assisted federal inmates in proceedings before the U.S. Parole Commission and clients in the defense of criminal charges brought in Maryland state court.

Career & Education

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    • University of Virginia, B.S., high honors, finance, 2007
    • Harvard Law School, J.D., 2013
    • University of Virginia, B.S., high honors, finance, 2007
    • Harvard Law School, J.D., 2013
    • District of Columbia
    • Virginia
    • District of Columbia
    • Virginia

Representative Matters

  • Defend major automobile manufacturer in over a dozen high-profile nationwide and multi-state consumer class action lawsuits involving warranty, fraud, consumer protection, and unjust enrichment claims.
  • Defend industrial manufacturing company in multiple, nationwide class actions involving various warranty and tort claims.
  • Defend consumer products manufacturer in multi-plaintiff lawsuit alleging personal injury and asserting breach of warranty, negligence, unjust enrichment, and consumer protection act claims.
  • Advise personal care products company on compliance with the Modernization of Cosmetics Regulation Act of 2022 (MoCRA).
  • Defend Class 1 railroad in class action alleging breach of contract, negligence, and nuisance claims arising from railroad operations and business practices.
  • Respond to inquiry from Illinois Attorney General regarding compliance with the Illinois Children’s Product Safety Act.
  • Advise manufacturer of personal care products regarding consumer complaints of skin irritation, hair thinning, and hair loss.
  • Respond to FTC investigation of “Made in USA” claims on behalf of seller of household appliances.
  • Advise manufacturer of infant loungers and sleep products in connection with CPSC inquiry into alleged safety issue.
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