Rachael Kessler

Rachael Kessler

Associate
About

Rachael Kessler is developing her broad-based practice in complex commercial litigation, including class action defense across multiple substantive areas, including consumer and securities litigation. Her practice also encompasses general corporate and business litigation.

She has broad litigation experience representing public and private sector clients, including financial services firms, pharmaceutical companies, and domestic and international corporations in federal and state courts around the country.

Rachael currently serves on the New York Office's Steering Committee for DLA's Leadership Alliance for Women (LAW) Organization.

Bar admissionsMarylandNew York
CourtsUnited States District Court for the District of MarylandUnited States District Court for the Southern District of New YorkUnited States District Court for the Eastern District of New YorkUnited States District Court for the Northern District of New YorkUnited States Court of Appeals for the Second Circuit

EXPERIENCE

  • 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
Education
  • J.D., Northwestern University School of Law
    cum laude
    Associate Editor, Journal of Law and Social Policy
  • B.A., English Language and Literature, University of Maryland

Pro Bono

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.

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