Rachel is a member of McGrath North’s business and corporate practice group. As part of that team, Rachel represents individuals and companies in a broad range of business matters, including entity formation and structuring, mergers and acquisitions, contract negotiation, regulatory compliance, and general corporate counseling. She enjoys working closely with clients to help them accomplish their business goals, tailoring legal advice and solutions to fit each client’s operation.
In connection with her transactional work, Rachel, works on all stages of the process from evaluating various transaction structures, negotiating letters of intent, conducting due diligence, drafting and negotiating transaction documents, and guiding clients through a smooth post-closing transition. She has been involved in a broad range of transactions including buy-side, sell-side, joint ventures, series’ investment rounds, auction bids and sales all across a variety of industries including food, agriculture and commodities; outdoor advertising; energy; insurance; and technology/information services.
In her work supporting business operations, Rachel provides risk-based, practical advice when drafting, negotiating, and managing a variety of commercial contracts, from day-to-day operating matters to large, complex, strategic projects. She has experience in a broad range of business segments including agribusiness, commodities, cryptocurrency, energy, financial services, food, healthcare, insurance, manufacturing, transportation, and technology/information services.
Regulatory Compliance Counsel
Rachel regularly counsels clients on Health Insurance Portability and Accountability Act (HIPAA) and data privacy compliance matters, including drafting, revising and negotiating business associate agreements and implementing HIPAA policies and procedures. She also performs breach analyses and assists in breach notification, as well as provides tailored HIPAA training to a variety of clients, including employers, TPAs, and providers.
In addition, Rachel works with clients to ensure compliance with FDA regulations, especially with respect to labeling matters. This includes nutrient content claims, Nutrition Facts Panels and Supplement Facts Panels, health claims, basic food labels, structure/function claims, organic claims, allergen statements, and gluten free foods statements. She also works with clients on a range of other food law issues.
- Creighton University School of Law (J.D., Magna Cum Laude, 2016)
- Dartmouth College (MALS (emphasis in Public Health), two citations, 2013)
- Boston College (B.A., double honors (Boston College Honors Program & History Department Honors), 2010)
- Iowa (2016)
- Nebraska (2017: Sustaining Member)
On December 6, 2022, McGrath North held its Privacy & Data Protection Summit at the Scott Conference Center in Omaha, Nebraska. The over 100 attendees from almost 70 companies at the half-day event had the opportunity to hear speakers and panelists, including guest experts from the industry, share insights on key topics including:
On April 27th, 2023, Washington Governor Jay Inslee signed into law the “My Health, My Data” Act (“MHMD”), a piece of legislation that will have a profound impact on the treatment of consumer health data in the state of Washington. The goal of MHMD is to expand the protections granted to consumer health data beyond the scope covered by the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule. Here is what you need to know about the new law:
HHS Releases New Guidance For Online Tracking Technologies Under HIPAA: Covered Entities And Business Associates Are Likely To Be Widely Impacted
On December 1, 2022, the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS) released much-anticipated guidance on the use of online tracking technologies by Covered Entities and Business Associates under the Health Insurance Portability and Accountability Act of 1996 (HIPAA). The guidance bulletin was issued amid a backdrop of class action lawsuits, state and federal regulator inquiries and media scrutiny with respect to tracking technologies on websites and mobile applications by healthcare organizations and other HIPAA-regulated entities. The guidance has far-reaching implications for HIPAA regulated entities that utilize online platforms, and many organizations will need to update their use of tracking technologies in order to maintain compliance with HIPAA. Read on to find out how this new guidance may affect your organization.
Covenants not to compete are one tool used by employers and buyers of a business to protect valuable business assets. To learn the basics on covenants not to compete, read our noncompete article from February. It is important to keep in mind that the drafting of noncompetes, whether in the employment context or in connection with the sale of a business, is not a “one-size fits all” process. If you are drafting, seeking to enforce or trying to contest a covenant to not compete, you need to know more than whether the covenant is enforceable as written. You also need to understand how the law governing enforcement of the noncompete may or may not allow a court to respond if faced with an overlybroad noncompete.
How a buyer plans to pay for a business it is acquiring must be decided early on in the process because it can have a significant impact on the timing and complexity of the deal. A buyer may use cash, debt, equity, stock swaps, mezzanine financing, leveraged buyout, seller financing, or a combination of any of these methods to pay the purchase price.
- Nebraska State Bar Association
- Iowa State Bar Association
- Creighton University School of Law: 8 CALI Awards
- Creighton University Law Review: General Staff 2014-2015; Editorial Staff, 2015-2016
- CUES Young Professionals Group: Volunteer, 2015-Present; Executive Committee, Secretary, 2016-Present
- Listed: Great Plains Super Lawyers Rising Star (Business/Corporate) 2022-2023
- Listed: “Best Lawyers: Ones to Watch”, Business Organizations (including LLCs and Partnerships), Corporate Law, and Mergers and Acquisitions Law, 2023
- Negotiated definitive agreements and coordination of due diligence and auction processes in numerous sell-side transactions in the outdoor advertising space ranging in value from $40M to $80M.
- Lead diligence review and access, and assist in preparation and negotiation of the purchase agreement and the ancillary transaction documents in connection with divestiture transaction of a food business valued at over $300M.
- Counsel to publicly-traded food company in connection with both buy-side and sell-side competitive auction transactions ranging in value from $25M to $250M.
- Advising private equity-backed client on post-closing integration matters after numerous acquisitions, including consolidating legal entities, drafting new form agreements and implementing contract management strategies.
- Representation of publicly-traded company in connection with numerous acquisitions in the telecommunications and infrastructure industries, ranging in value from $35M to $80M.
- Member of transaction team representing a cloud infrastructure and cryptocurrency company in connection with its offer and sale of $50M of senior secured convertible notes
- Drafting and negotiating a variety of commercial contracts, including:
- Sale and Procurement Relationships with Customers and Suppliers
- Broker and Distributor Arrangements
- Joint Ventures and Strategic Alliances
- Services and Consulting Contracts
- Intellectual Property and Technology Licensing Agreements
- Equipment Finance and Lease Transactions
- Warehouse, Transportation and Logistics Contracts
- Confidentiality, Non-Disclosure and Development Agreements
- Manufacturing and Supply Arrangements
- Related Practices
- Related Industries