Rachel S. Brass is a partner in the San Francisco office of Gibson, Dunn & Crutcher. She is a member of the firm’s Litigation Department where her practice focuses on investigations and litigation in the antitrust, labor, and employment areas. Ms. Brass has extensive experience representing international and domestic clients in high-stakes appellate litigation in the Supreme Court, as well as Federal and state appellate courts throughout the United States.
Her extensive antitrust and competition experience includes international cartel matters, mergers and acquisitions, grand jury investigations, and other antitrust investigations by the Federal Trade Commission, United States Department of Justice, European Commission, Canadian Competition Bureau, Korean Fair Trade Commission, Japan Fair Trade Commission and Australian Competition and Consumer Commission, as well as litigation in trial and appellate courts.
Ms. Brass has represented clients in a number of industries, including semiconductors, disk drives, communications, display panels, and other high technology, auto parts, package delivery, transportation, agriculture, and retail, among others. She has special expertise in international matters and teaches the upper-level course in International Antitrust Law at Berkeley Law School.
In addition to her international competition practice, Ms. Brass has successfully represented companies in single plaintiff and class action Title VII, ADA, FEHA and Unruh Act discrimination claims, as well as wage and hour class actions. Representative matters include
- persuading the United States Supreme Court to reverse the certification of the largest class action brought under Title VII;
- litigating the scope of the Pregnancy Discrimination Act and Sarbanes-Oxley whistleblower protections;
- persuading the U.S. Court of Appeals for the Third Circuit to vacate the certification of the largest class action brought under the Americans with Disabilities Act on interlocutory review;
- obtaining clarification of the standards for the business necessity defense and vacatur of a district court’s adverse post-trial rulings under the Americans with Disabilities Act from the en banc Ninth Circuit; and
- obtaining and sustaining a favorable district court ruling rejecting plaintiffs’ counsel’s claim for attorney’s fees in a California Fair Employment & Housing Act case.
She speaks regularly on antitrust and complex class action issues, including programs for Bridgeport, the American Bar Association, the State Bar of California, American Conference Institute, ALI-ABA, CLE International, and the Bar Association of San Francisco.
She is the immediate past co-Chair of the Executive Committee of the Bar Association of San Francisco’s Antitrust Section. She is a member of the Boards of the Northern California Chapter of the Association of Business Trial Lawyers, and the Western Center on Law & Poverty.
She also serves on the Board of Directors of Kids in Need of Defense (KIND), an organization that protects unaccompanied children who enter the US immigration system alone to ensure that no child appears in court without an attorney. She was Editor-in-Chief of the Antitrust Report from 2008 to 2016.
Ms. Brass received her law degree, magna cum laude, from the University of Minnesota in 2001. She was Editor-in-Chief of the Minnesota Journal of Global Trade, a member of the Order of the Coif, and recipient of the Ralph M. McCareins Antitrust Prize.
Prior to joining the firm, Ms. Brass served as a law clerk for the Honorable James M. Rosenbaum, United States District Court, District of Minnesota. Ms. Brass graduated summa cum laude from Washington University in St. Louis, where she received a Bachelor of Arts degree and was a member of Phi Beta Kappa.
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