Rachel McDonnell

Senior Associate
Norton Rose Fulbright LLP

Rachel McDonnell

Rachel McDonnell

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Biography

Rachel McDonnell is a dispute resolution lawyer based in London. She has significant experience in commercial litigation, alternative dispute resolution and financial services regulatory investigations, including enforcement proceedings and internal investigations.

Rachel has a broad range of experience advising clients in connection with all key aspects of commercial disputes, with particular focus on corporate, financial services and banking litigation. She regularly advises on shareholder and joint venture disputes, complex contractual disputes and international disputes with cross-border elements.

Rachel's regulatory experience includes representing financial institutions, insurers, investment managers, stockbrokers and individuals in various internal investigations and enforcement proceedings commenced by the Financial Conduct Authority, the US Department of Justice, the US Securities and Exchange Commission and other regulators.

Rachel was previously seconded to a major bank, where she assisted with a range of strategic regulatory, litigation and other contentious matters.

 


Professional experience

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University of Bristol - LLB Law - First Class Honours; Frank Pitt prize winner – highest final year marks

College of Law – LPC – Distinction

 

  • Solicitor, qualified in England & Wales
  • Representing a major European construction company, defending a claim for approximately USD 300 million brought against it and other parties in the Commercial Court under a series of financial guarantees.
  • Representing a global bank in respect of an FCA investigation and enforcement action concerning the bank's investment advice division; assessing internal policies and procedures; reviewing the adequacy of systems and controls; and advising on remedial action.
  • Advising an individual on the merits of his potential claims against various directors and shareholders for: breach of trust; breach of fiduciary duties; breach of directors' duties; and unfair prejudice. Subsequently, representing that individual in pursuing his claim for breach of trust and declaratory relief in the Chancery Division and negotiating a complex high value settlement.
  • Representing a stockbroker in connection with an FCA investigation and enforcement action concerning the firm's sales division and advising on remedial action.
  • Representing a former CEO of an Independent Financial Adviser network before the Upper Tribunal in connection with enforcement proceedings brought by the FCA.
  • Representing a Nigerian finance company in defence of a claim for approximately £25 million brought by a Nigerian bank in the Commercial Court. The claim related to the terms of two bond sale and repurchase agreements.
  • Conducting an independent internal investigation into potential Principle 11 breaches by a financial institution and providing an independent report to the FCA with conclusions and recommended remedial actions.
  • Acting for a global financial institution in the context of an SEC investigation into bribery and corruption allegations, with particular focus on the institution's internal systems and controls and UK regulatory obligations.
  • Representing a multinational telecommunications corporation in defence of a breach of contract claim brought by a former consultant in the Queen's Bench Division.
  • Advising a financial institution on all aspects of the FCA's interest rate hedging product review, including dealing with the Skilled Person and associated follow-on litigation.

Co-Author: “Dealing with a Section 166 review”, Risk.net, January 2014

Co-Author: “Amendments to Articles of Association – setting a high bar for unfair prejudice”, Norton Rose Fulbright’s Corporate and commercial disputes review, October 2015

Co-Author: “Senior Manager’s Regime: Individual Accountability and Learning Lessons”, Compliance Officer Bulletin, December 2015

Co-Author:  Sale of goods and retention of title: PST Energy 7 Shipping LLC v O W Bunker Malta Limited  Following the Supreme Court's decision in OW Bunkers in May this year, industry standard terms in bunker supply contracts may well need to be re-visited, November 21, 2016