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Rachel Raphael

Partner

Rachel Raphael is a litigator and risk management counselor who represents clients in all tiers of the supply and distribution chain and across various industries ranging from automotive manufacturing to personal care and cosmetics. Rachel defends clients against claims of unfair and deceptive business practices, breach of contract, fraud, negligence, false advertising, and breach of warranty in complex product liability and consumer class action litigation throughout the United States. She regularly advises clients on issues arising throughout the product lifecycle, whether they are exploring new ventures, negotiating with contracting partners, analyzing marketing and advertising claims, dealing with customer complaints, or executing product recalls.

Rachel serves as trusted counsel on a wide range of legal issues with a particular focus on consumer protection and product safety. She represents clients not only in consumer-driven lawsuits but also in response to inquiries and enforcement actions by state attorneys general, the Consumer Product Safety Commission (CPSC), the Food and Drug Administration (FDA), the Federal Trade Commission (FTC), and the National Highway Traffic Safety Administration (NHTSA), among other regulators across the globe. Rachel also works closely with clients to identify and analyze product risks, comply with regulatory requirements, and resolve product-related challenges.

Rachel also frequently writes and speaks on issues affecting the beauty, health, and wellness industry and the correlation between product recalls and class action lawsuits.

As part of her active pro bono practice, Rachel represents asylum applicants and individuals seeking citizenship. She has also defended clients in criminal proceedings and represented federal inmates before the US Parole Commission.

Prior to joining Morgan Lewis, Rachel was a partner at another international law firm.

  • Defended a cosmetics company in a multiplaintiff lawsuit alleging personal injury and asserting breach of warranty, negligence, unjust enrichment, and consumer protection act claims
  • Defended a major automobile manufacturer in dozens of high-profile nationwide and multi-state consumer class action lawsuits involving warranty, fraud, consumer protection, and unjust enrichment claims
  • Represented a consumer electronics company in multiple nationwide class actions involving various warranty and tort claims
  • Advised a global online retailer regarding compliance with the Modernization of Cosmetics Regulation Act of 2022 (MoCRA)
  • Advised a contract manufacturer of cosmetics and personal care products regarding customer complaints and MoCRA compliance issues
  • Assisted a personal care products company in navigating consumer complaints of alleged skin irritation and hair loss
  • Counseled a beauty, health, and wellness company on various product labeling issues, including “Made in USA” claims
  • Advised a manufacturer of infant loungers and sleep products in connection with a CPSC inquiry into alleged safety issue
  • Harvard Law School, 2013, J.D.
  • University of Virginia, 2007, B.S., finance, with high honors
  • District of Columbia
  • Virginia
  • US Court of Appeals for the Sixth Circuit
  • US Court of Appeals for the Tenth Circuit
  • US District Court for the Eastern District of Virginia
  • US District Court for the Eastern District of Michigan
  • US District Court for the District of Colorado

Co-Chair, American Bar Association Women in Products Liability

Advisory Committee Member, Global Retailer & Manufacturer Alliance

Member, Cosmetic Executive Women

Member, American Bar Association Tort Trial and Insurance Practice Section

Member, American Bar Association Litigation Section