Rachel E. Kramer

Special Counsel

Overview

Rachel Kramer, a litigation lawyer and special counsel with Foley & Lardner LLP, litigates complex commercial matters and business disputes, with a focus in the areas of commercial real estate financing and lender litigation, health care litigation, and defense of companies and individuals in securities enforcement proceedings and other government investigations.

Ms. Kramer has represented clients in all phases of commercial disputes, including pre-litigation dispute resolution, arbitration, and litigation in the state and federal courts. Her experience includes complex e-discovery, depositions, motion practice, trial, and alternative dispute resolution. She has also represented clients in SEC and other government investigations.

Ms. Kramer has also represented owners, purchasers, investors and lenders in commercial real estate and other asset-based transactions, including the acquisition, disposition and development of office, retail, and multifamily properties. She has also represented landlords and tenants in commercial leasing transactions.

Ms. Kramer is a member of the firm’s Business Litigation & Dispute Resolution and Health Care Litigation Practices.

Representative Experience

In addition to litigating general commercial disputes, Ms. Kramer's experience includes the following:

COMMERCIAL REAL ESTATE FINANCING AND LENDER LITIGATION

  • Commercial mortgage foreclosure litigation relating to properties in New York
  • Defense of a large real estate financing company in a dispute with a borrower and developer concerning the construction of a senior housing project in New York  

HEALTH CARE LITIGATION

  • Defense of one of the nation's largest Medicare Administrative Contractors (MAC) in a False Claims Act qui tam whistleblower action
  • Defense of health care payors and claims administrators against various lawsuits for health benefits under ERISA and state law
  • Arbitration of a multimillion-dollar medical payment and reimbursement dispute on behalf of a major medical equipment provider
  • Arbitration of a medical director compensation dispute on behalf of a major dialysis provider
  • Appeal of Medicaid audit findings on behalf of a health care facility before the New York Office of the Medicaid Inspector General

SECURITIES ENFORCEMENT PROCEEDINGS AND INVESTIGATIONS

  • Representation of witnesses in various SEC investigations, including, among others, matters relating to mortgage-backed securities, accounting practices related to sale of software, and alleged fraud by a broker in connection with handling of client accounts
  • Defense of securities firms in investigations by the Financial Industry Regulatory Authority (FINRA)

COMMERCIAL REAL ESTATE TRANSACTIONS

  • Representation of a privately held real estate company in connection with the purchase of a $13.5 million distressed promissory note from the now defunct Brooklyn Federal Savings Bank, secured by a mortgage on a development site in Long Island City, Queens, New York
  • Representation of a not-for-profit corporation in connection with a $40 million transaction resulting in the purchase, financing and refinancing of an 11-story office building at 509 Fifth Avenue in Manhattan
  • Representation of a real estate sponsor in connection with the $29 million disposition of income-producing multifamily properties in New York City

Recognition

In 2012 – 2016, Ms. Kramer was selected for inclusion in the New York Super Lawyers - Rising Stars® lists.

Education

Ms. Kramer received her J.D. with honors from The George Washington University Law School (2005), where she served as a senior articles editor for the Public Contract Law Journal. She earned her bachelor’s degree, cum laude, from Harvard University (1999).

Admissions

She is admitted to practice in New York and before the U.S. District Courts for the Southern, Eastern, and Northern Districts of New York.

Representative Matters

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In the wake of the announcement of the sale of Syntroleum Corporation (NASDAQ: SYNM) to Renewable Energy Group, Inc. (NASDAQ: REGI), three putative class action suits were brought on behalf of the shareholders of Syntroleum challenging various aspects of the transaction. At the outset of the litigation, Plaintiffs filed a motion to expedite discovery, which the court denied. The parties submitted a Memorandum of Understanding settling various claims brought by plaintiffs regarding the disclosures made by Syntroleum in its proxy statement to the company’s shareholders regarding the transaction, and on June 3, 2014 the company’s shareholders voted to approve the challenged transaction. Target Syntroleum and Acquiror REGI filed motions to dismiss in March 2015; on July 31, 2015, the court granted REGI’s motion to dismiss; a decision on Syntroleum’s motion to dismiss is still pending.
Foley represents a major oncology services provider in qui tam False Claims Act litigation filed in the U.S. District Court for the Eastern District of New York.
Represented a major medical equipment provider in an internal investigation in Florida.