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Rachel M. Tausend

Fax +1.206.370.6051
Rachel Tausend is an experienced civil litigator and government investigations attorney with over fifteen years of experience advising clients as they navigate the evolving challenges of electronically stored information (ESI) and evidence in the context of lawsuits, arbitrations, investigations, regulatory examinations and business transactions. She has represented companies and their officers, directors and employees in complex commercial disputes, securities litigation, class actions, IP litigation, employment disputes, and consumer finance litigation, and in internal corporate investigation and investigations by agencies such as the U.S. Securities and Exchange Commission, Department of Justice, Financial Industry Regulatory Authority, Australian Securities and Investments Commission, and U.K. Financial Conduct Authority. These investigations have involved a broad range of allegations, including accounting fraud, securities fraud, insider trading, data breach, lender misconduct, and failure to comply with licensing, reporting, books and records or other regulatory requirements. Her clients have spanned several industries, including financial services, healthcare and life sciences, technology, manufacturing and energy.

In the litigation and investigations context, Ms. Tausend advises and advocates for clients at all discovery stages from identification, preservation and collection through production. She has substantial experience developing search and technology-assisted review (predictive coding) methodologies and protocols, negotiating ESI agreements, managing complex document reviews and navigating discovery disputes. In doing so, she leverages technologies with a focus on innovative, defensible and cost-effective solutions that meet her clients’ needs.

Ms. Tausend also assists clients with information governance and data privacy and protection issues and consults on project workflow and management strategies and best practices. An active member of the International Legal Technology Association and Women in e-Discovery, she prepares and presents educational and training materials and programs on e-discovery, data privacy and other related topics. She participated in the TAR Best Practices invitation-only conference held in September 2017 by Duke Law Center for Judicial Studies and has contributed to the forthcoming TAR Protocol stemming from that conference.

Professional Background

Prior to joining K&L Gates, Ms. Tausend was a securities enforcement and litigation partner in the Washington, DC office of a midsize law firm at which she founded the e-discovery team and initiated a strategy that substantially expanded the firm’s Maryland consumer finance litigation practice. Her practice focused on representing clients in civil litigation, government investigations and regulatory examinations, conducting internal investigations, and counseling clients on information governance and e-discovery issues.

Professional/Civic Activities

  • Women in e-Discovery, Seattle Chapter Member
  • International Legal Technology Association, Member and Volunteer
  • Summer Search, Board and Governance Committee Member, Board Fellows Coordinator

Speaking Engagements

  • “Outside Counsel Views on Managing E-Discovery in Complex Litigation”, Panelist, Global IP Confex, February 28, 2018
  • “Leveraging Ringtail Analytics for Early and Ongoing Data Assessment”, Presenter, Ringtail Advance Conference, October 2, 2017
  • “Data Preservation & Litigation Readiness in the Energy Sector”, Panelist, Bloomberg BNA Webinar, May 23, 2017
  • “Learning from Europe: Big Data and Privacy in Energy in the U.S. and Abroad, Presenter, K&L Gates Women in Power CLE, Navigating Changes in Energy Attitudes Coast to Coast, May 9, 2017
  • “e-Discovery 201,”, Presenter, King County Bar Association and K&L Gates CLE, Discovering e-Discovery, March 16, 2017
  • “What Corporate Counsel Must Know About Cybersecurity,” Panelist, Carnegie Mellon University and K&L Gates CLE, Cracking the Code: Cybersecurity for Tomorrow, November 10, 2016
  • “Ethical Aspects of E-Discovery: Competence, Confidentiality and Cooperation Keeping Ethical in a Technical World,” Washington State Bar Association CLE, Keeping Ethical in a Changing World, October 19, 2016
  • “Federal Rule Changes Affect e-Discovery – Are You Ready This Time?,” K&L Gates CLE, December 1, 2015
  • “It’s Electrifying! An Overview of Important Issues & Hot Topics in e-Discovery,” Co-Chair and Speaker,  King County Bar Association and K&L Gates CLE, November 13, 2015
  • “Federal Rule Changes Affecting e-Discovery Are Almost Here – Are You Ready This Time?,” K&L Gates CLEs, October 20, 2015 and October 22, 2015
  • Advise commercial finance and leasing company in data breach investigation, responsible for developing and implementing strategy to analyze compromised data and assess impact on data subjects
  • Serve as e-discovery counsel for an electricity generation company in government and internal investigations into compliance with environmental legislation and regulation
  • Coordinate collection, review and production of ESI in response to government subpoenas, including managing cross-border and data privacy issues
  • Represented waste company as e-discovery counsel in class action over fees, developing approach to calculating damages used to achieve favorable settlement