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Rachel Hirsch focuses on representing clients who occupy high-risk spaces subject to heavy regulatory oversight, including corporations, government contractors, high-net worth individuals, start-up companies, e-commerce merchants, payment processors, online marketers, and advertisers. Her strong credibility amongst regulators at the Federal Trade Commission (FTC), the Securities and Exchange Commission (SEC), the Commodities Futures Trading Commission (CFTC) and the Department of Justice (DOJ) allows her to successfully challenge the government when it overreaches with an authority she also brings to internal investigations, litigation with private parties, and class action suits.
As practice group leader of Ifrah Law's Internet Marketing & Advertising Practice Group, Rachel has achieved notable successes in both state and federal litigation and regulatory matters where clients were charged with fraudulent business practices. She has secured the swift resolution of FTC asset freeze cases, the return of monies from government seizures of payment processor accounts, and the dismissal of a State AG matter in a multi-year investigation.
- Successfully challenged the CFTC's jurisdiction where an individual and his companies were alleged to have sold Iraqi Dinar and Vietnamese Dong over the internet without being licensed or registered with the CFTC
- Took over from another firm an asset freeze/Receiver case involving violations of Section 5 of the FTC Act and the Telemarketing Sales Rule resulting from debt relief practices in a complex case which involved the potential for a parallel criminal proceeding, the challenge of protecting the client's 5th Amendment rights, and possible damages of over $85M
- Represented four foreign-based binary options companies and their owner in 2½ year SEC/CFTC proceeding in a failure to register case; ultimately negotiated a global settlement with the SEC and CFTC, for an amount less than the original disgorgement figures sought by those two agencies
- Successfully resolved both a federal civil case in Montana and an SEC charge of offering fraud in relation to agreements entered into with a Native American tribe where the SEC claimed the agreements should have been disclosed to investors in a payday lending portfolio in which the tribe was a sovereign partner
- Represent a father-son team and their company in a $5M case involving commodity options fraud, specifically a scheme to defraud investors of their money based on misrepresentations relating to the defendants' respective roles with the company, the promise of low risk related to a given trade, and the claim that the company's strategy would ensure that its clients would never receive margin calls
Last updated: July 2018