Rachel defends clients in high-stakes privacy and other consumer class actions throughout the country and at both the trial and appellate level. Rachel has been instrumental in helping Shook become one of the nationwide leaders in a new wave of privacy and data security class action defense—website tracking litigation. Rachel also has substantial experience defending Telephone Consumer Protection Act (“TCPA”) cases and advising her clients on how to avoid violating the TCPA. Rachel also regularly counsels clients on privacy related issues, marketing and advertising issues, website monitoring, compliance with state and national consumer protection laws and risk mitigation.
Rachel is most proud of her work with clients to devise creative litigation resolutions and strategies. For example, on several occasions when her clients were sued in class actions, Rachel created innovative market actions and worked with her clients to implement various recalls and service campaigns. She was then able to get these cases disposed at the early stage of litigation by arguing that the market actions, recalls and service campaigns mooted the individual and class claims.
Rachel also maintains an active pro bono practice. Most recently, she obtained a winning verdict in a family law trial representing a client challenging the validity of a divorce the husband sought in Egypt.
Southern California Super Lawyers named Rachel a “Rising Star” from 2013 through 2017. She regularly writes articles and speaks on a number of issues, including those related to autonomous vehicles.
Representative Matters
Young v. Toyota Motor Sales, USA | Defeated class certification and obtained defense verdict at trial in consumer class action under Washington Consumer Protection Act. Verdict upheld in appellate court and Washington State Supreme Court.
Carter v. Bay Area News Group East Bay LLC | Obtained dismissal of a putative class action alleging a news publisher violated the TCPA.
In re Hybrid Brakes | Obtained denial of class certification and summary judgment on all claims in class action alleging the anti-lock brake system in second- and third-generation Prius vehicles was defective.
Razo v. Ashley Furniture Industries, Inc. | Obtained summary judgment in class action alleging the advertising and marketing related to Ashley’s DuraBlend®️ fabric was false and deceptive. Also, obtained a denial of class certification in a case with similar claims against Ashley filed in federal court in Florida and a motion to dismiss in a case with similar claims filed in Massachusetts.
Caramore v. Maidenform | Defended Hanesbrands subsidiary Maidenform in a putative class actions alleging deceptive marketing of shapewear products; secured a voluntary dismissal and subsequent resolution outside of litigation on a non-class basis.
Rivera v. Midway | In a case alleging that a distributor of soap products misrepresented its products as “natural,” persuaded the court to dismiss the complaint on the grounds that plaintiffs failed to adequately allege defendant was liable for the allegedly deceptive labeling.
Katz v. Honda | Obtained denial of class certification in case alleging Honda violated the TCPA.
Presentations
Presenter, What's on Your Website (And What May be Missing From Your Website) May Surprise You, Association of Corporate Counsel Colorado, September 7, 2023.
Co-Presenter, Emerging Trends in Technology & Data Privacy + Building a Responsible AI Framework, Update of the Law CLE webinar, June 8, 2023.
Co-Presenter, What's on the Front Burner: Cutting Edge Issues in Class Actions, Mass Arbitrations & Opt-Out Litigation, Update of the Law CLE webinar June 16, 2022 (with Joan R. Camagong Michael Mallow and Amir Nassihi).
Mooting Consumer Class Actions Claims Through Self-Initiated Market Actions, Retail Law Conference, Austin, Texas, October 11, 2018.
The Click That Binds: Using Terms and Conditions to Mitigate Risk, WeWork Speakers Series, Los Angeles, April 2017.
Consumer Legal Remedies Act 2016, Bridgeport Continuing Education, Los Angeles, March 2016.
The Impact of Market Actions on Class Actions, Bridgeport Continuing Education Class Action Litigation and Management, Los Angeles, April 2015.
Strategies and Techniques to Defeat Class Certification in Vehicle Recall or Market Action Cases, Defense Research Institute Product Liability Conference, Las Vegas, February 2015.
The Impact of Market Actions on Class Actions, Bridgeport Continuing Education Class Action Litigation and Management, Los Angeles, May 2012.
Publications and Media Coverage
Product Liability & Safety 2023, Chambers and Partners, June 22, 2023.
Wash. High Court Won’t Revive Toyota Suit Over Mirror, Law360, September 25, 2020.
How Today’s Liability Laws Cover AV Accidents, Axios, December 13, 2018 (with Michael Mallow).
Will the Northern District of California’s New Settlement Guidance Become the Standard by Which All Class Action Settlements Are Measured? The Recorder, November 26, 2018 (with Michael Mallow).
Clear Federal Regulations Would Lower Legal Risks for AV Developers, Axios, November 2, 2018 (with Michael Mallow).
Loving Technology Does Not Equate to Understanding It, Or Using It Properly, Automotive World, May 28, 2018 (with Michael Mallow).
Companies Get Some Relief in Automatic Dialing System Ruling, Daily Journal, April 11, 2018 (with Michael Mallow).
Fashion and Retail, Business and Commercial Litigation in Federal Courts (4th ed.), Thomson Reuters and American Bar Association Section of Litigation, 2016 (chapter contributor).
Market Actions: Benefits and Pitfalls of Mooting Class Actions with Private Remedies, Bloomberg News Product Safety and Liability Reporter, February 2015.
Multimedia
BIZLIT | TODAY: Website Privacy Litigation, American Lawyer Media, April 28, 2023.