Rachel A. Mongiello focuses on investigating, litigating, and defending claims of fraud, breach of contract, breach of fiduciary duty, minority shareholder oppression, unfair competition, and various other business-related torts (including tortious interference, defamation, misappropriation and conversion).

Experience

Rachel’s practice and experience concentrates on business and commercial litigation in state and federal courts as well as before arbitration tribunals.  This includes, by way of example, representing business owners in corporate governance disputes and disputes relating to service and supply contracts, representing entrepreneurs, hedge funds, and investors in high-stakes litigation arising from complex real estate and financing transactions, litigating disputes between distributors and suppliers, representing businesses and individuals in employment and trade secret related disputes, defending businesses in consumer fraud and related class actions, and conducting and defending against internal and bankruptcy-related investigations.

Rachel’s recent representative experience and successes includes:

• Representing a distributor in a five-day arbitration against a former supplier and successfully obtaining an award in favor of the distributor for the supplier’s wrongful termination of the parties’ distribution agreement.

• Obtaining a with prejudice dismissal of claims brought by a prospective purchaser against a seller of real property after defeating the purchaser’s preliminary injunction application.
• Defeating a preliminary injunction application and subsequent motion to compel arbitration brought by a junior hockey league against a former league member in a breach of contract action.
• Negotiating and finalizing the settlement of a complex construction dispute between a large chain supermarket and its landlord and developer.
• Obtaining a temporary restraining order preventing a fast food chain from prematurely terminating a franchise agreement and thereafter negotiating a favorable settlement with the fast food chain on behalf of the franchise owner.
• Defeating an application for a preliminary injunction brought by a tech start up against its former lead developer based on alleged breach of contract and theft of trade secrets.

Prior to joining Cole Schotz, Rachel practiced as a litigation associate with two firms in the greater New York City area. She also served as a law clerk for the Honorable Dolores K. Sloviter of the United States Court of Appeals for the Third Circuit, the Honorable Mary L. Cooper of the United States District Court for the District of New Jersey and the Honorable Barry T. Albin of the Supreme Court of New Jersey.

Networks & Affiliations

Rachel is currently servicing as Chair of the Supreme Court of New Jersey District VI Ethics Committee. She also serves on the boards of the New Jersey Women Lawyers Association and of Seton Hall University School of Law’s Alumni Council.

Honors & Awards

In 2022, Rachel was recognized as a “New Leader of the Bar” by the New Jersey Law Journal for her growing leadership in the legal sector. In addition, Rachel is regularly listed on the “Rising Star” list published by New Jersey Super Lawyers and on the “Ones to Watch” list issued by Best Lawyers.

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