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, lender litigation, and health care litigation.

Rachel has represented clients in all phases of commercial disputes, including pre-litigation dispute resolution, arbitration, and litigation in state and federal courts. Her experience includes complex e-discovery, depositions, motion practice, trial, and alternative dispute resolution. She has also represented companies and individuals in securities enforcement proceedings, and other government investigations. 

In her career, Rachel 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.

She 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, Rachel's experience includes the following:

COMMERCIAL REAL ESTATE FINANCING AND LENDER LITIGATION

  • Commercial mortgage foreclosure litigation relating to properties in New York
  • Representation of a real estate developer in a dispute with equity partners over the financing, construction, and management of a Manhattan skyscraper
  • 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 health care payors and claims administrators against various lawsuits for health benefits under ERISA and state law
  • Defense of one of the nation's largest Medicare Administrative Contractors (MAC) in a False Claims Act qui tam whistleblower action
  • Defense of oncology practices in a False Claims Act qui tam whistle blower action
  • Arbitration of a multimillion-dollar medical payment and reimbursement dispute on behalf of a major medical equipment provider
  • Arbitration on behalf of a hospital system of a dispute with a health care payor over reimbursement under Medicare Advantage provider agreements
  • Representation of health insurance claims administrators in article 78 proceedings related to public procurement of health care claims administration services
  • Representation of hospitals and other health care provider groups in disputes with physician-employees 

Recognition

  • Recognized, New York Super Lawyers - Rising Stars®

Education

  • George Washington University Law School, (J.D., with honors)
    • Articles Editor, Public Contract Law Journal
  • Harvard University, (B.A., cum laude)

Admissions

  • New York
  • U.S. District Courts, Southern and Eastern Districts of New York
  • United States Court of Appeals, Second Circuit