Rachel Rodman
Biography
Overview
A partner in the Firm's Washington, D.C. office, Rachel handles a broad range of disputes for financial institutions and technology companies.
Rachel has a successful track record of advancing her clients' interests before federal and state financial regulators, including litigating against them in federal and state trial and appellate courts. For example, she regularly represents clients in critical supervisory, licensing, and enforcement disputes with the Consumer Financial Protection Bureau, Federal Trade Commission, state Attorneys General, New York Department of Financial Services, and California Department of Financial Protection and Innovation.
Rachel also maintains a sophisticated commercial litigation and advisory practice, focusing on the issues regularly faced by companies, boards, and investors at the intersection of financial services and technology. Rachel's commercial litigation practice spans breach of contract and fraud disputes, data privacy, consumer class actions, private rights of action under state consumer protection laws, and administrative law. In her advisory practice, Rachel leads multi-disciplinary teams to deliver advice on consumer financial protection, privacy, state licensing, BSA/AML compliance, OFAC compliance, securities law, licensing, IP, and cybersecurity.
Rachel was previously an official at the Consumer Financial Protection Bureau. She served as both senior counsel in the Legal Division, where she represented the Bureau in trial and appellate proceedings, and enforcement attorney in the Division of Supervision, Enforcement & Fair Lending, where she led investigations involving a wide variety of consumer financial products and services. Rachel is currently a founding board member of the CFPB Alumni Association.
Prior to joining White & Case, Rachel led the Fintech Enforcement and Litigation practice at a global law firm.
Experience
Select Representations Include:
Regulatory Disputes
- Representing publicly-traded technology company in investigations by Consumer Financial Protection Bureau and California Department of Financial Protection and Innovation
- Representing leading global investment management firm in litigation adverse to Consumer Financial Protection Bureau
- Representing leading public FinTech firm on enforcement and licensing issues before NYDFS, including critical supervisory agreement negotiations, and related compliance and corporate structuring matters
- Representing board of directors of a financial institution in internal investigation of a whistleblower complaint alleging various regulatory violations and related inquiries by state prudential regulator*
- Defending consumer retail company in an investigation by and litigation against California and DC Attorneys General relating to alleged violations of state consumer protection laws*
- Representing leading banking trade association in federal district court and the Third Circuit in First Amendment litigation challenging state campaign finance restrictions on banks*
- Representing leading housing manufacturing company in civil litigation against Securities and Exchange Commission alleging violations of Sections 10(b) and 13(b) of the Exchange Act*
Commercial Litigation
- Defending consumer reporting company in nationwide class action alleging violations of the Fair Credit Reporting Act*
- Defending the CEO of a tribal lending company in multiple putative nationwide class actions alleging RICO violations and that consumer loans were illegal under state law*
- Representing global software company in multi-district litigation alleging that security vulnerabilities in company's products violated California's CLRA, FAL, and UCL*
Advisory
- Advising numerous clients on scope of authority under a variety of federal statutes, including Title X of the Dodd-Frank Act, and related CFPB guidance
- Assisted international payments company with launch of new digital wallet product, including product counselling and drafting terms of service
- Conducted risk assessment for global technology company regarding stored value products and services
*Matters prior to joining White & Case
"Policy Watch: Fintech Under the Biden Administration," Structured Finance Association's SFVegas, 2022
"Key Updates Track: Major Litigation Update," Mortgage Bankers Association's Legal Issues and Regulatory Compliance Conference, 2022
"Moving Past the Great Recession in the Trump Era: A New Direction for Consumer Financial Services," Financial Services Roundtable, 2018
CFPB Enforcement Lags in Federal Court Due to Supreme Court Case, Bloomberg Law, July 2023
Fifth Circuit Ruling Chills Consumer Financial Protections, Bloomberg Law, October 2022
Federal LIBOR Legislation: Five Things Financial Market Participants Need to Know, Reuters, March 2022
How Sarah Bloom Raskin's Confirmation May Affect Climate-Related Banking Regulation, Harvard Law School Forum on Corporate Governance, March 2022
Expect a Boost in Consumer Financial Protection Under Biden, Bloomberg Law, December 2020
INSIGHT: Supreme Court Ruling Does Not End the Fight over the CFPB, Bloomberg Law, July 2020
Sometimes it Pays to Litigate Against The CFPB, Law360, October 2017
Lawdragon 500 Leading Litigators in America, 2024-2023
Recognized in the practice of Finance - Financial Services Regulation by The Legal 500 US, 2023
Recognized in the practice of Dispute Resolution - Corporate Investigations and White-Collar Defense by The Legal 500 US, 2023
Member, Law360 2023 Fintech Editorial Advisory Board
