Rachel Raphael is a counsel at Crowell & Moring, where she is a member of the firm's Mass Tort, Product and Consumer Litigation Group. Rachel has significant experience litigating commercial disputes on behalf of clients in a wide range of industries. Her practice focuses on a broad spectrum of complex commercial, consumer, and retail litigation, including defending class actions and multi-district litigation.
Rachel also advises clients on a range of consumer protection issues with particular focus on consumer product safety and regulatory compliance. Rachel represents clients before the Consumer Product Safety Commission and other regulators throughout the globe, and she works with them to identify and analyze potential legal risks associated with new ventures or new products.
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. Her supervisory skills extend from associates to paralegals, as well as to outside experts, consultants, and vendors. Rachel’s courtroom experience includes having appeared before federal and state court judges and arbitration tribunals for arguments, hearings, and pre-trial conferences. She has also contributed to extensive thought leadership, focused most recently on 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 a client in the defense of criminal charges brought in Maryland state court.
Prior to focusing on mass tort, product, and consumer litigation, Rachel spent several years litigating and arbitrating insurance coverage and reinsurance disputes. She was ranked in Legal 500 as a Rising Star in Insurance: Advice to Insurers. Rachel also worked as a financial analyst in the restructuring group of Houlihan Lokey, a global investment bank. Rachel uses her insurance and reinsurance experience to add value to her current clients and she is able to leverage her finance background to build complex valuation models for clients to assess litigation risk and settlement opportunities.
Affiliations
Admitted to practice: District of Columbia, Virginia
Highlights, News & Knowledge
Speeches & Presentations
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"Insureds Breaking Bad: Coverage for Narcotics-Related Claims and the Blurred Line Between What is Legal and What is Covered," 2020 ICLC CLE Conference, Tuscon, AZ
(March 6, 2020).
Presenter: Rachel Raphael.
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"The Internet of (Hackable) Things (IoT): Liability and Insurance for Smart Technology," 2019 Section of Litigation & Solo, Small Firm and General Practice Division CLE Conference, New York, NY
(May 2, 2019).
Panelist: Rachel Raphael.
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"Rapid Fire Case Presentation Redux," ARIAS US 2018 Spring Conference
(May 2018).
Presenter: Rachel P. Raphael.
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"Insurance Coverage for Data Breaches and Privacy Violations," Webinar
(November 14, 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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"Key 2021 Cases On Standing In Product Defect Class Actions," Law30
(January 6, 2022).
Authors: April Nelson Ross, Rachel Raphael, and Eryn Howington.
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"Recall Litigation Report: Year in Review (2021)" Crowell & Moring’s Retail & Consumer Products Law Observer
(January 3, 2022).
Authors: Rachel Raphael, Jessica D. Gilbert and Lily Hsu.
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"Recall Litigation Report: CPAP Class Action MDL," Crowell & Moring’s Retail & Consumer Products Law Observer
(November 15, 2021).
Author: Rachel Raphael.
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"Fireman's Rule Could Guard Against COVID-19 Product Claims," Law360
(April 14, 2020).
Authors: Scott L. Winkelman, Matthew Cohen, and Rachel Raphael.
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"Buerkle Withdraws Her Nomination to Lead Product Safety Agency," Crowell & Moring's Retail & Consumer Products Law Observer
(June 20, 2019).
Authors: Rachel Raphael and Matthew Cohen.
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"Considerations under Employment Practices Liability Insurance Policies in the Wake of #MeToo," New Appleman on Insurance: Current Critical Issues in Insurance Law
(Spring 2019).
Author: Rachel P. Raphael.
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"The Opioid Epidemic and its Insurance Implications," New Appleman on Insurance: Current Critical Issues in Insurance Law
(Summer 2018).
Author: Rachel P. Raphael.
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"Recyclers Insurance Group, Ltd. v. Insurance Company of North America," ARIAS US Law Committee Report
(2017).
Authors: Rachel P. Raphael and Michael T. Carolan.
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"Konkar Maritime Enterprises, S.A. v. Compagnie Belge D’Affretement," ARIAS US Law Committee Report
(2017).
Authors: Rachel P. Raphael and Michael T. Carolan.
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"Insurance Coverage Issues Created by the Internet of Things," New Appleman on Insurance: Current Critical Issues in Insurance Law
(Summer 2017).
Authors: Ellen MacDonald Farrell and Rachel P. Raphael.
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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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"New York DFS Proposes Consumer Protection Regulation Affecting Life Insurance and Annuities,"
Insurance/Reinsurance Alert
(January 3, 2018).
Contact: Rachel Raphael
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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, 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).
Contact: Rachel Raphael
Media Mentions
Firm News & Announcements