Irina N. Kashcheyeva

Senior Counsel

Overview

Irina N. Kashcheyeva is a senior counsel and business litigation lawyer with Foley & Lardner LLP. Her practice focuses on consumer protection and privacy litigation, class action defense, breach of contract and business torts litigation, and international arbitration. Her experience includes representing clients in financial services, healthcare, automotive and education industries in federal and state courts, first-chairing dozens of arbitration hearings, second-chairing a trial, and assisting with a $30 million arbitration in the Singapore International Arbitration Centre and obtaining a confirmation of the resultant international arbitration award in the U.S. courts. Ms. Kashcheyeva is a member of the Business Litigation & Dispute Resolution Practice and the Consumer Law, Finance and Class Action Working Group.

Representative Experience

  • Routinely represents clients in class actions and single-plaintiff cases under the Telephone Consumer Protection Act (TCPA), the Fair Credit Reporting Act, the Fair Debt Collection Practices Act, and various other federal or state consumer protection statutes
  • Represented a Fortune 50 pharmacy in one of the largest TCPA class actions in the country; obtained voluntary dismissal of the case with prejudice on the eve of the hearing on plaintiffs’ motion for class certification and defendant’s motion for summary judgment
  • Successfully defended a financial services company in a series of consumer arbitrations under the FTC Holder Rule arising out of closure of for-profit schools, including the first-chair experience in approximately 40 such arbitrations
  • Successfully represented an automotive supplier in a significant breach of contract and trade secret misappropriation arbitration before the Singapore International Arbitration Centre and obtained confirmation and enforcement of the award in the United States
  • Represented a large healthcare client in a significant multi-party litigation related to allegations of breach of contract, tortious interference with contractual relationship and theft of trade secrets
  • Obtained dismissal of breach of contract claims against the insurer following a trial; experience as second chair at trial
  • Litigated and obtained a successful outcome in a case brought by a former sales agent alleging violation of sales commissions statute
  • Represented various companies in actions arising out of alleged breaches of the pharmacy benefit management agreements
  • Obtained dismissal of two different False Claims Act cases against a defense industry client on a motion to dismiss under Fed. R. Civ. P. 9(b)
  • Obtained affirmance of the district court’s grant of summary judgment in a breach of warranty action against a Fortune 500 automotive supplier from the U.S. Court of Appeals for the Sixth Circuit
  • Represented investors of broker dealer in FINRA arbitrations involving claims of control person liability, successor liability, and veil piercing theories - cases resolved favorably for client following several successful arbitration proceedings 
     

Clerkships

Prior to joining Foley & Lardner LLP, Ms. Kashcheyeva served as a law clerk to the Honorable Kermit E. Bye, United States Court of Appeals for the Eighth Circuit, and the Honorable David M. Lawson, United States District Court for the Eastern District of Michigan. Ms. Kashcheyeva also served as a judicial intern to the Honorable David McKeague, United States Court of Appeals for the Sixth Circuit.

Education

Ms. Kashcheyeva earned her law degree, summa cum laude, from the Michigan State University College of Law (J.D., 2008), where she was a Dean Charles H. King Scholar. She served as comments editor for the Michigan State Law Review and an associate editor for the Michigan State Law Journal of Gender Law. She is also a graduate of the University of Tomsk, Russia (B.A. & M.A., 2002, with highest distinction).

Admissions and Professional Memberships

Ms. Kashcheyeva is licensed to practice in Michigan, and has appeared in state and federal courts in Michigan, Minnesota, New Jersey, New York, and Missouri, as well as in the U.S. Courts of Appeals for the Sixth and Eighth Circuit. She is a member of the American Bar Association, the Federal Bar Association, and the Women Lawyers Association of Michigan.

Ms. Kashcheyeva also serves as the editor of the ABA Appellate Practice Journal, and a member of the U.S.-Russia Chamber of Commerce. 

Publications

  • Co-author, “The D.C. Circuit Significantly Limits the Reach of the TCPA Statute, but Issues Still Remain,” Foley Consumer Defense Counsel Blog (March 19, 2018)
  • Co-author, “Companies Outside Retail and Financial Industries May Have Additional Arguments to Challenge Standing in Data Breach Cases,” Foley Consumer Defense Counsel Blog (December 4, 2017)
  • Co-author, “The Supreme Court Hears Case Regarding Private Enforcement of the Medicaid Act Against States,” Foley Consumer Defense Counsel Blog (January 16, 2015)
  • Co-author, “Risk & Strategies with Contracts of Indefinite Duration,” Michigan Business Law Journal (Fall 2012)
  • Author, “Reaching a Compromise: How to Save Michigan Ex-Offenders from Unemployment & Michigan Employers from Negligent Hiring Liability,” Michigan State Law Review, Vol. 2007:1051

Languages

Ms. Kashcheyeva is fluent in Russian.