Rachel Tausend is an experienced civil litigator and government investigations attorney who has been counseling clients for more than two decades 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. Whether she is leading an engagement or providing e-discovery subject matter expertise as part of a multi-disciplinary team, she brings a practical, business-oriented approach that strategically leverages the intersection of law, technology and management.
Rachel 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, Australian Competition and Consumer Commission, Environmental Protection Authority, 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, consumer fraud, environmental violations, internal control deficiencies, and failure to comply with licensing, reporting, books and records or other regulatory requirements. Her clients have spanned many industries, including financial services, health care, technology, consumer products, manufacturing and energy.
As a partner in K&L Gates' e-Discovery Analysis and Technology group (e-DAT), Rachel advises and advocates for clients at all discovery stages from identification, preservation and collection through production, with a particular focus on new technologies and data analysis. She has substantial experience negotiating the scope and conduct of discovery, developing search and technology-assisted review (predictive coding) methodologies and protocols, drafting or evaluating ESI agreements, protective orders and F.R.E. 502(d) privilege orders, managing complex document reviews and resolving discovery disputes. Rachel regularly collaborates with clients, along with e-DAT’s team of lawyers, technology analysts, and developers, colleagues in other practice areas and the firm’s allied business professionals, to develop and deploy innovative, defensible and cost-effective solutions to current problems and to anticipate and mitigate future challenges.
Rachel also assists clients with information governance and data privacy and protection issues, and, as a certified project manager with an M.B.A., consults on project workflow and knowledge management strategies and best practices. Rachel is an active member of the International Legal Technology Association and prepares and presents educational and training materials and programs on e-discovery, privilege, data privacy and machine learning.
Prior to joining K&L Gates, Rachel was a securities enforcement and litigation partner in the Washington, D.C. 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.
- International Legal Technology Association, Conference Planning Committee Member – e-Discovery, Litigation & Practice Support
- Summer Search, Executive Committee Member, Board Secretary
- “1812 Overtur(n)es: Quality Control in the Era of Remote Review Teams”, Panelist, ILTACON 2022, 26 August 2021
- Litigation Support Roundtable: Lawfirm Partner Perspective, ILTACON 2022, 24 August 2021
- “Outside Counsel Views on Managing E-Discovery in Complex Litigation," Panelist, Global IP Confex, 28 February 2018
- “Leveraging Ringtail Analytics for Early and Ongoing Data Assessment," Presenter, Ringtail Advance Conference, 2 October 2017
- “Data Preservation & Litigation Readiness in the Energy Sector," Panelist, Bloomberg BNA Webinar, 23 May 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, 9 May 2017
- “e-Discovery 201,” Presenter, King County Bar Association and K&L Gates CLE, Discovering e-Discovery,16 March 2017
- “What Corporate Counsel Must Know About Cybersecurity,” Panelist, Carnegie Mellon University and K&L Gates CLE, Cracking the Code: Cybersecurity for Tomorrow, 10 November 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, 19 October 2016
- “Federal Rule Changes Affect e-Discovery – Are You Ready This Time?,” K&L Gates CLE, 1 December 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, 13 November 2015
- “Federal Rule Changes Affecting e-Discovery Are Almost Here – Are You Ready This Time?,” K&L Gates CLEs, 20 October 2015 and 22 October 2015
- Quoted, "Why Privilege Logging Is Still Too Complicated for Full Automation," Legal Tech News, 9 March 2022