Rachael Kessler

• Achieved trial victory for supplier over the enforcement of a purchase agreement.
• Obtained a favorable settlement for a pharmaceutical company in a securities fraud class action filed in the Southern District of New York.
• Obtained dismissal of the majority of claims for an agricultural cooperative in defense of a consumer fraud putative class action filed in the Southern District of New York.
• Obtained dismissal with prejudice for the same agricultural cooperative in defense of a putative class action filed in the Southern District of New York related to allegations of improper vanilla labeling. Obtained a favorable settlement of several similar class actions filed in the Southern and Eastern districts of New York and California federal court.
• Obtained dismissal for CBD retailers in defense of a consumer fraud case involving a putative nationwide class action filed in the Southern District of Florida.
• Obtained dismissal for a university in defense of five class actions filed in the Southern District of New York seeking a refund of tuition and fees due to the transition to remote instruction during the Covid-19 pandemic. One case was appealed to the Second Circuit and is currently pending. A motion to dismiss a sixth case was granted in part, with the tuition claims dismissed and only fees claims remaining.

Trials:

• Maryland Reclamation Associates, Inc. v. Harford County, Maryland, Jury Trial, Circuit Court for Harford County, Case No. 12-C-13-509.
• Meso Scale Diagnostics, LLC v. Crescendo Biosciences, Inc., Bench Trial, Circuit Court for Montgomery County, Case No. Case No.: 421796-V

Rachael was nominated for DLA Piper's North American Pro Bono Award for her pro bono work in 2015-2016. Much of her pro bono time was devoted to Advancing Education's Promise, the Baltimore office's Signature Project, including representing the parent of a disabled student with regard to the student's educational rights. After consulting with the student's doctors and therapists, Rachael attended several Individualized Education Program ("IEP") meetings with his teachers and school officials to advocate for the student to receive additional supports to help him succeed in school and ensure the school was in compliance with state and federal law.

Rachael also has represented a client in the appeal of his multiple criminal convictions. Rachael researched and drafted the appellate briefs and argued the appeal before Maryland's intermediate appellate court.