Rachel Izower

Experienced in all aspects of litigation from pre-litigation investigations through trial and appeal and post-action judgment enforcement.

Case-specific, pragmatic approach to discovery whether in large scale international matters involving large volumes of documents in languages other than English to cases involving small companies without document retention practices and without centralized email and document servers.

Selected Contract actions:

• Defeated TRO and preliminary injunction motions thereby allowing advantageous sale of medical marijuana business to proceed and obtained summary judgment on appeal defeating claim for over $50 million and capping potential recovery at $500,000, resulting in favorable settlement.
• Represented world’s largest Jet Engine repair and overhaul company in pursuing several million-dollar debt resolved through settlement for over 97% of amount owed.
• Represented stainless steel supplier in a multi-million dollar litigation before the Federal District Court for the Southern District of New York against a subcontractor for breach of contract, tortious interference and fraud, inter alia. Obtained substantial settlement despite having no written contract among other significant problematic facts to overcome.
• Obtained summary judgment on behalf of jewelry design and manufacturing company before the New York Supreme Court, Commercial Division in connection with multi-million dollar suit to enforce settlement and security agreement.

Selected other commercial litigations:

• Represented one of China’s largest pharmaceutical companies, in multidistrict antitrust class actions of first impression, resulting in summary judgment dismissal of client from damages claims. Traveled to China to develop case strategy and create and implement document retention and discovery plans, including conducting extensive interviews of senior management and training Chinese attorneys and paralegals on U.S. discovery practices and attorney-client and other privileges.
• Represented large manufacturer in billion-dollar arbitration against 46 states with primary responsibility for cases against 10 states, resulting in client obtaining maximum recovery possible. Evaluated state enforcement programs to determine whether each state “diligently enforced” a statute imposing obligations on industry competitors, selected states to contest and developed and pursued distinct case against each through trial or settlement.
• Defeated insurance companies attempt to void policy and obtained full recovery for client.

Securities Litigation, White Collar and Government Investigations: Rachel represents clients in a wide range of matters involving allegations of securities, financial, accounting, tax, or banking fraud in actions brought by federal and state civil and criminal authorities and by private litigants.

Representation at every stage of the process, whether it starts as an informal inquiry, formal investigation, civil complaint, administrative proceeding, criminal indictment, or arbitration.

Representation of clients in various positions and with varying degrees of risk from investigative targets, to witnesses, company boards and management investigating potential fraud, and whistle blowers.

Counsel clients through the unique challenges confronted by individuals caught up in the high-stakes, often bewildering world of governmental investigation.

Successfully assisted clients under investigation to avoid indictment and sanction and to reduce claims by providing sound advice and effective advocacy.

Guide companies, company management, boards of directors, and individual executives and board members confronted with potential wrongdoing by their employees, officers, directors, or others, including by advising them of their legal obligations, where necessary spearheading internal investigations, or less formally assisting them to determine and confirm the operative facts, formulate effective responses and implement policies to prevent recurrence.

Representative matters:

• Representation of a large-scale construction and development company and its president in connection with an investigation by the USAO and HUD of allegations concerning the financing and construction of two large-scale apartment complexes involving approximately 80 million dollars in government financing. Successfully avoided indictment in matter where others were charged and convicted at trial or plead guilty.
• Represented former CEO of publicly traded company in securities fraud investigations by the USAO and SEC involving complex accounting issues. Developed and drafted presentations and submissions to regulators, traced the transactions at issue and established lack of any loss to shareholders from alleged activities, resulting in reduced sentence.
• Represented option traders, brokers, in-house counsel and other employees of a major financial institution in investigation by the USAO and Department of Treasury into what officials have called “the largest tax fraud in history” and in related criminal and civil matters. Prepared and represented clients in proffers, depositions, interviews and testimony at trial.
• Represented pharmaceutical company and its executive officers in defense of securities class action and shareholders’ derivative action, involving claims of options backdating and restatement of accounting, resulting in voluntary withdrawal of backdating claim and settlement of remaining claims for mere nuisance value.

Enforcement of Promissory Notes, Guaranties, and Judgments:

File actions for summary judgment in lieu of complaint (an expedited to process) to obtain judgment against defaulting borrowers. Commence other actions as necessary, e.g. to protect collateral in possession of debtor or to void fraudulent conveyances of assets.

Assist financial institutions, private lenders, lien holders and individuals, among others, in every aspect of the enforcement process, including bank account restraints, post-judgment examinations and discovery, foreclosure litigation, turnover proceedings and asset recovery.

Negotiate and draft settlement and forbearance agreements and explore creative approaches to modifying agreements in default to avoid litigation when feasible while protecting clients’ interests.

Selected enforcement and collection representations:

• Obtained judgment after jury trial for 100% of claimed amount in “account stated” action; defended judgment against post-trial attempts to overturn the jury verdict; and collect on judgment.
• Represent secondary lienholder in two foreclosure actions, including negotiating buyouts of primary lien, and sale of properties.

Counseling on Corporate Governance and Contracts: Rachel has provided counsel and assistance to clients on a variety of business-related matters.

Prepare corporate governance documents, handle notice of board and shareholder meetings, and draft materials for and minutes of those meetings.

Review standard documents used in clients’ businesses, recommend edits and identify potential issues such as enforceability, litigation risk, and collection in the event of default.