Rachael Meny has extensive experience in complex civil litigations and white collar criminal matters. She has successfully represented companies, venture funds and partnerships, and individuals in litigation regarding trade secret/employee solicitation, securities fraud, mortgage fraud, Foreign Corrupt Practices Act violations, breaches of fiduciary duty, breaches of contract claims, Business and Professions Code Section 17200, unfair business practices, antitrust and intellectual property matters.
Ms. Meny has also represented individuals in numerous internal corporate investigations, and governmental agency investigations involving the Securities and Exchange Commission and the Department of Justice.
She has also provided pre-litigation counseling and advice for various clients on trade secret misappropriation and employee solicitation matters.
Cases of Note
Investment Firm Partnership Dispute: We provided pre-litigation and negotiation strategies regarding our client's rights under his investment partnership, fund agreements, and various partnership disputes. As a result, our client obtained a satisfactory buy-out of his partnership interests and avoided litigation.
Plaintiff v. Investment Funds: We achieved an early resolution of numerous state and federal court actions for a venture fund company and one of its partners. Our clients faced trade secret misappropriation, copyright infringement, and breach of contract claims in both state court and in federal court. We were able to remove the state court action to federal court, and then secure an early settlement for our clients.
Mortgage Fraud Cases: We represent a national lender in various state and federal court litigations regarding mortgage fraud-related claims, both as plaintiff and as defendant. We have obtained numerous favorable rulings for the lender regarding cutting-edge, mortgage fraud-related issues, including favorable rulings on the scope of federal lending statutes such as RESPA, TILA, and federal preemption of state causes of action.
Plaintiffs v. Automobile Manufacturers: We defended automakers in multi-forum, antitrust litigation involving restrictions on car exports in the late 1990s and early 2000s. Plaintiffs, alleging a broad conspiracy among all major automobile manufacturers and distributors, sought damages of more than $1 billion. We won summary judgment in the lead federal litigation, in several state cases, and in the California state court class action. We also achieved early dismissal of numerous state court actions.
Plaintiffs v. Real Estate Investors: We defended certain real estate investors against alter ego claims, in both state and federal court. These alter ego claims were brought in an effort to hold our clients personally liable for a $7.5 million judgment against their company and to pierce the corporate veil protecting our client's real estate investment firm. Following a multi-week bench trial, the court entered judgment for our clients and awarded them attorneys' fees.
Private School System v. Northern California County: We defended a California county and certain of its Supervisors against claims that its land use decision regarding a Christian school violated the Religious Land Use and Institutionalized Persons Act (RLUIPA) and aspects of the US Constitution. After a multi-week trial in federal court, a jury resolved the case in our client’s favor, denying the school system's request for tens of millions in damages. The plaintiff appealed, but withdrew their appeal after receiving our appellate brief.
Awards and Honors
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Top Defense Verdicts, Daily Journal, 2008. John Keker and Rachael Meny cited for successfully defending the County of Alameda against a claim for $30 million in damages and injunctive relief.
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Martindale-Hubbell AV Rated, and Bar Register of Preeminent Women Lawyers
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Northern California Super Lawyer, Securities Litigation, 2006
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Co-President, Women Law Students Association, University of Michigan Law School
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Phi Beta Kappa, Mills College
Professional Affiliations
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Board member, San Francisco Legal Aid Society/Employment Law Center
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Member, California Women Lawyers
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Member, California Women Lawyers' Foundation Committee
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Member, ABA White Collar Crime Section and ABA Litigation Section
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Board member, Mills College Alumnae Association Board of Governors, 2002-2005
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High school mock trial coach, 2009-present
Publications and Speaking Engagements
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"When Key Employees Go to Competitors," The Recorder, 2011
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“Defending Securities Class Actions,” ALI-ABA, 1997
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“The Securities Litigation Landscape - Three Years Into The Reform Act Era,” 1999
AUL Corporation v. Executives: We represented three individuals in a breach of contract and California corporations code action relating to terms of an investment contract. We settled favorably on the eve of trial.
Securities and Exchange Commission v. Securities Firm Founder: The IRS and Department of Justice investigated our client, the founder of several securities firms, for criminal tax and securities charges. The investigation was dropped; no charges were filed.
Plaintiff v. Medical Group: We represented a California medical group in class action litigation concerning false advertising, Section 17200 and other consumer protection claims. In conjunction with the counsel defending a related organization, we defeated the class certification, resolved the case before trial, and obtained a favorable settlement for a small fraction of the demand.
Plaintiffs v. Credit Card Processor: We defended a national credit card processor in class action litigation related to alleged Section 17200 and other consumer protection violations. We showed that a forum selection clause in the merchant agreements precluded this type of complaint from being filed in the Northern District of California, thereby securing a dismissal and terminating the litigation.
Securities and Exchange Commission v. Former Chief Executive Officer: We represented the former chief executive officer of a software company against Securities and Exchange Commission allegations of securities fraud in the company’s revenue recognition practices. We secured a dismissal on the eve of trial.
Securities and Exchange Commission v. Chief Executive and Chief Financial Officers: We represented the CEO and CFO of a communications technology company in a Securities and Exchange Commission (SEC) investigation, a lawsuit filed with the SEC, related civil lawsuits filed by investors, and a related bankruptcy action. We resolved all of the lawsuits on favorable terms.
Securities and Exchange Commission v. Telecommunications Company: On behalf of a special committee of our client's board of directors, we conducted an international investigation into alleged violations of the Foreign Corrupt Practices Act (FCPA.) We made a determination as to whether any FCPA violations occurred and handled the resolution of related governmental investigations and claims.
Software Corporation v. Search Engine: We defended our client against numerous state and federal court actions alleging trade secret misappropriation. The litigation began when our client left a leading computer software corporation to head the China operations of one of its competitors. We litigated the case through the preliminary injunction stage and resolved it on favorable terms.