Rachel K. Marcoccia Biography

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Rachel K. Marcoccia

Senior Counsel

Ms. Marcoccia joined Kishner Miller Himes as Senior Counsel in March 2020. Most recently, she was Senior Counsel in the General Litigation Division of the New York City Law Department where she defended the City of New York in a broad array of litigation in New York federal and state courts. Prior to that, Ms. Marcoccia was Counsel in the New York office of Reed Smith LLP and a New York litigation boutique. She also previously practiced in the New York office of Dewey Ballantine LLP, and at the New York City Department of Education.

In addition to representing the City of New York and advising City agencies in various litigation matters, Ms. Marcoccia has represented corporate clients and individuals in business disputes and complex commercial litigation in New York courts and federal courts throughout the country. Ms. Marcoccia has also represented clients in white-collar criminal defense and regulatory matters before state and federal law enforcement agencies.

Representative Matters

  • Counsel for financial institutions and a global leader in financial services technology in an insurance coverage dispute alleging damages exceeding $100 million
  • Counsel for a financial services institution in a $44 million fraud action against a mortgage servicer
  • Counsel for an aerospace and defense company in a contract dispute concerning the design and manufacture of composite parts for an Airbus jetliner
  • Counsel for private equity, real estate investment and development, and venture capital clients in a business dispute
  • Counsel for a marine contractor and operator of offshore oil and gas properties and production facilities in a contractual dispute
  • Counsel for directors and officers of a multinational telecommunications company in connection with depositions taken in England and France in aid of a U.S. bankruptcy proceeding
  • Counsel for investors in securities litigation against Tyco International Ltd., and certain of its officers and directors
  • Counsel for investors in Bernard L. Madoff Securities LLC to advise on “clawback” litigation and SIPC coverage
  • Counsel for a hedge fund in criminal and U.S. Securities and Exchange Commission securities fraud investigations
  • Counsel for a former executive of a company providing ocean shipping services in a U.S. Department of Justice investigation
  • Counsel for an executive at a financial institution in an investigation by the New York Attorney General’s Antitrust Bureau
  • Counsel for the New York City Department of Education in federal litigation brought under the Individuals with Disabilities Education Act
  • Counsel for the City of New York and the New York City Department of Correction in federal litigation concerning inmates’ conditions of confinement
  • Counsel for the City of New York and the New York City Department of Correction in federal litigation concerning the bail payment and release process in the City of New York
  • Counsel for the City of New York in litigation involving claims of sexual harassment and gender discrimination under the New York State and New York City Human Rights laws
  • Counsel for the City of New York and the New York City Police Department in federal litigation brought under the Americans with Disabilities Act

Professional Activities

Member, American Bar Association

Member, Federal Bar Council

Member, New York State Bar Association

Member, District of Columbia Bar

Member, New York City Bar Association

Recognition & Accomplishments

Empire State Counsel (2013 and 2014)

Education

Georgetown University Law Center (J.D. 2001)

Senior Articles Editor, The Georgetown Journal of Legal Ethics (2000-2001)

Syracuse University (B.S. 1998, magna cum laude)

Four-year Letterwinner on Women’s Varsity Tennis Team, Co-captain (1997-1998)
Intercollegiate Tennis Association Scholar Athlete All-American (1998)

Bar & Court Admissions

New York
District of Columbia
U.S. Supreme Court
U.S. Court of Appeals for the Second Circuit
U.S. Court of Appeals for the Fifth Circuit
U.S. District Courts for the Eastern, Northern, Southern and Western Districts of New York
U.S. District Court for the District of Columbia
U.S. District Court for the Eastern District of Wisconsin