Rachel Raphael is an associate at Crowell & Moring, where she is a member of the firm's Insurance/Reinsurance Group. Her practice involves litigation, arbitration, and counseling on a wide variety of insurance/reinsurance issues and includes pre-dispute advice as well as insurer/reinsurer representation in complex disputes.
Recent Engagements
- Representation of reinsurer in a dispute over the ceding company's improper administration of reinsurance treaty.
- Representation of Bermuda excess insurer in arbitration in London over complex coverage issues and environmental losses.
- Representation of insurer in settlement of coverage action related to nationwide environmental contamination arising out of the policyholder's dry cleaning activities.
- Representation of reinsurer in dispute with ceding company over appropriate cessions and misrepresentations related to certain life reinsurance treaties.
- Representation of reinsurer in New York state court concerning the reinsurer's obligations for loss and loss expense under a facultative reinsurance certificate.
- Representation of insurer in Maryland state court concerning allegations of aiding and abetting fraud.
- Representation of insurer in settlement of coverage action related to multi-site environmental pollution caused by the policyholder's chemical manufacturing operations.
- Representation of insurer in dispute over the duty to defend third party claims against policyholder under California law.
- Representation of reinsurer in arbitration over ceding company's late notice of claims under a reinsurance treaty.
Rachel also has an active pro bono practice. She currently represents federal inmates in proceedings before the United States Parole Commission. Rachel also recently assisted a client in the defense of criminal charges brought in Maryland state court.
Rachel received her J.D. from Harvard Law School in 2013. During law school Rachel spent a semester as a law clerk for the Office of the Assistant General Counsel for International Affairs of the U.S. Department of the Treasury. As a law clerk, she conducted legal research, drafted memoranda and assisted with legislative interpretation concerning the Committee on Foreign Investment in the United States (CFIUS), multi-lateral development banks and the Dodd-Frank Act. Rachel was also an active member of the Harvard Law Entrepreneurship Project, where she provided pro bono legal assistance to local entrepreneurs.
Prior to law school, Rachel worked as a financial analyst in the restructuring group of Houlihan Lokey, a global investment bank. At Houlihan Lokey, Rachel performed valuation analysis, developed complex financial models, and advised clients in debt and equity refinancings, out-of-court restructurings, and in-court Bankruptcy proceedings. In 2007 Rachel graduated with high honors from the McIntire School of Commerce at the University of Virginia, where she pursued finance and marketing concentrations.
Affiliations
Admitted to practice: District of Columbia, Virginia
Highlights, News & Knowledge
Speeches & Presentations
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"Insurance Coverage for Data Breaches and Privacy Violations," Webinar
(May 9, 2017).
Presenters: Ellen MacDonald Farrell and Rachel Raphael.
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"Insurance Coverage for Data Breaches and Privacy Violations," Clear Law Institute Webinar
(January 24, 2017).
Speakers: Ellen MacDonald Farrell and Rachel P. Raphael.
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"Coverage for 'Cyber' Risks – The Emerging Body of Case Law," ARIAS·U.S. Webinar
(September 27, 2016).
Speakers: Ellen MacDonald Farrell and Rachel P. Raphael.
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"Mergers & Acquisitions - Special Considerations Involving Government Contracts," Federal Publications Seminars
(March 18, 2014).
Presenters: Peter Eyre, Karen C. Hermann and Rachel Raphael.
Publications
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"The Internet of Things: Insurance Coverage Considerations," ABA International Law Spring Meeting Presentation Materials
(April 2017).
Authors: Ellen MacDonald Farrell and Rachel Raphael.
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"Missouri District Court Relieves Insurer of Duty to Defend TCPA Suit," Crowell & Moring's Data Law Insights
(January 1, 2017).
Authors: Ellen MacDonald Farrell, Rachel Raphael, and Thomas Kinney.
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"Alabama District Court Relieves Carrier of a Duty to Defend or Indemnify Policyholder Following Data Breach," Crowell & Moring's Data Law Insights
(November 3, 2016).
Author: Rachel Raphael.
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"Internet of Things Raises Complex Insurance Coverage Issues," Crowell & Moring's Data Law Insights
(October 20, 2016).
Authors: Rachel Raphael and Ellen MacDonald Farrell.
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"Insurance Implications of 'The Internet of Things,'" Law360
(October 3, 2016).
Authors: Ellen MacDonald Farrell and Rachel Raphael.
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"Arizona District Court Determines Scope of Coverage Provided by Cyberinsurance Policy," Crowell & Moring's Data Law Insights
(June 30, 2016).
Authors: Ellen MacDonald Farrell, Rachel Raphael, and Galen Sallomi.
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"Fourth Circuit Affirms Carrier's Duty to Defend Against Security Breach Claims Under Traditional Insurance Policy," Crowell & Moring's Data Law Insights
(April 19, 2016).
Authors: Rachel Raphael and Ellen MacDonald Farrell.
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"Summary of United States Insurance and Reinsurance Law," The Insurance and Reinsurance Law Review, ed. 4
(2016).
Co-Authors: Michael T. Carolan, Paul W. Kalish, William C. O'Neill, and Rachel P. Raphael.
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"NAIC Announces Insurance Data Security Model Law," Crowell & Moring's Data Law Insights
(March 18, 2016).
Author: Rachel Raphael.
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"Special Insurance Coverage Issues For Gov't Contractors," Law360
(November 5, 2015).
Authors: Peter Eyre and Rachel Raphael.
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"NAIC Cyber Task Force Adopts Cyber Bill of Rights," Crowell & Moring's Data Law Insights
(October 27, 2015).
Author: Rachel Raphael.
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"Is There Cyber Coverage Under D&O Insurance Policies?" Crowell & Moring's Data Law Insights
(September 10, 2015).
Author: Rachel Raphael.
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"Data Breaches Bring D&O Insurance Issues," Law360
(September 9, 2015).
Authors: Rachel Raphael and Ellen MacDonald Farrell.
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"Reps and Warranties Insurance Key in Gov't Contractor M&A," Law360
(September 3, 2015).
Authors: Peter J. Eyre, Karen C. Hermann, and Rachel Raphael.
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"Eleventh Circuit Holding Highlights Importance of Choice of Law on Insurance Coverage for Cyber Incidents," Crowell & Moring's Data Law Insights
(September 3, 2015).
Authors: Rachel Raphael and Ellen MacDonald Farrell.
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"Representations and Warranty Insurance: A Key Component of Mergers & Acquisitions Involving Government Contractors," ABA Annual Meeting Section of Public Contract Law
(July 30, 2015).
Authors: Peter Eyre, Karen C. Hermann, and Rachel Raphael.
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"California District Court Dismisses Suit, Without Prejudice, Over Stand-Alone Cyberinsurance Policy," Crowell & Moring's Data Law Insights
(July 21, 2015).
Authors: Rachel Raphael and Ellen MacDonald Farrell.
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"California District Court Called Upon to Determine Scope of Coverage Provided by Stand-Alone Cyberinsurance Policy," Crowell & Moring's Data Law Insights
(May 29, 2015).
Authors: Ellen MacDonald Farrell and Rachel Raphael.
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"Summary of United States Insurance and Reinsurance Law," The Insurance and Reinsurance Law Review, ed. 3
(April 2015).
Authors: Michael T. Carolan, Paul W. Kalish, William C. O'Neill, and Rachel Raphael.
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"The Top 10 Issues for M&A Involving Government Contractors," The Deal Pipeline
(September 25, 2014).
Co-Authors: Peter Eyre and Rachel Raphael.
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"Summary of United States Insurance and Reinsurance Law," The Insurance and Reinsurance Law Review, ed. 2
(April 2014).
Co-Authors: Michael T. Carolan, Paul W. Kalish, William C. O'Neill, and Rachel Raphael.
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"Corporate Successorship: What You Don't Know Could Cost You," Insurance Coverage Law Bulletin, Vol. 12, No. 11
(December 2013).
Co-Authors: Jennifer R. Devery and Rachel (Gart) Raphael.
Client Alerts & Newsletters
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"Special Insurance Considerations for Government Contractors,"
Government Contracts Bullet Points
(November 11, 2015).
Contacts: Peter Eyre, Rachel Raphael
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"Representations and Warranty Insurance in Transactions Involving Government Contractors,"
Government Contracts Bullet Points
(September 10, 2015).
Contacts: Peter Eyre, Karen C. Hermann, Rachel Raphael
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"Set-Aside Decision Doesn't Require Responsibility Determination,"
Government Contracts Bullet Points
(January 30, 2014).
Contacts: Amy Laderberg O'Sullivan, Rachel Raphael
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"SEC Proposed Regulation 'A+': Does It Make The Grade?,"
Corporate Alert
(January 13, 2014).
Contacts: Jeffrey C. Selman, Jenny E. Cieplak, Rachel Raphael
Firm News & Announcements