Rachel Raphael

Counsel
rraphael@crowell.com
+1.202.688.3506

Rachel Raphael is a counsel at Crowell & Moring, where she is a member of the firm's Mass Tort, Product and Consumer Litigation and Product Risk Management Groups. 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 advises clients on a range of consumer protection issues with a particular focus on consumer product safety and regulatory compliance. In this role, she helps clients identify and analyze risks associated with new and existing ventures or products; 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, the National Highway Traffic Safety Administration, 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 has also contributed to extensive thought leadership, focused most recently on 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 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



Representative Engagements

  • 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 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.


Insights


Speeches & Presentations

  • "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.
  • "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.
  • "Rapid Fire Case Presentation Redux," ARIAS US 2018 Spring Conference (May 2018). Presenter: Rachel P. Raphael.
  • "Insurance Coverage for Data Breaches and Privacy Violations," Webinar (November 14, 2017). Presenters: Ellen MacDonald Farrell and Rachel Raphael.
  • "Insurance Coverage for Data Breaches and Privacy Violations," Clear Law Institute Webinar (January 24, 2017). Speakers: Ellen MacDonald Farrell and Rachel P. Raphael.
  • "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.
  • "Mergers & Acquisitions - Special Considerations Involving Government Contracts," Federal Publications Seminars (March 18, 2014). Presenters: Peter Eyre, Karen C. Hermann, and Rachel Raphael.


Publications



Client Alerts & Newsletters



Press Coverage



Firm News & Announcements

January 9, 2015 Crowell & Moring's Government Contracts Group Named to Law360's "Practice Groups of the Year" for Fifth Consecutive Year