Overview

Rachel P. Kaercher represents benefit plans and their fiduciaries throughout the country in litigation matters arising under the Employee Retirement Income Security Act (ERISA) litigation. She has particular experience defending against matters alleging improper denial of benefits and breach of fiduciary duties, and also matters pertaining to the enforcement of ERISA plan subrogation and reimbursement rights.  She also represents employers in defense of ERISA section 510 (retaliation) claims. 

In addition to her ERISA litigation practice, Rachel represents employers in a wide variety of employment-related claims, including those based on age, race, color, national origin, disability, harassment, sexual discrimination, leave status, and retaliation. She handles these claims in both the litigation and administrative charge phases, including a particular focus in defending against whistleblower retaliation claims under the Sarbanes-Oxley Act of 2002 (SOX) and other statutes administered by the Occupational Safety and Health Administration (OSHA).

Prior to joining Littler, Rachel was a litigation associate with a regional mid-sized law firm, where her practice included complex commercial litigation, white collar criminal defense, and employment litigation.  

After law school, she completed a judicial clerkship for the Hon. Russell G. Vineyard at the U.S. District Court for the Northern District of Georgia. In law school, Rachel served as senior managing editor for the Vanderbilt Journal of Entertainment & Technology Law.

Professional & Community Affiliations

Member

Young Lawyer’s Division and Labor & Employment Section

Atlanta Bar Association

Member

Kirkwood Neighbors’ Organization

News, Analysis & Press

True Progress: Female Lawyers as Multi-Dimensional Characters in the Media

Law school transparency podcast

November 2016

Is That Really Me? Social Networking and the Right of Publicity

Vanderbilt Journal of Entertainment & Technology Law

Spring 2010

Education

  • J.D., Vanderbilt University Law School, 2011
  • B.A., Davidson College, 2008magna cum laude

Languages

  • French

Bar Admission

Georgia

Courts

  • U.S. Court of Appeals, 4th Circuit
  • Georgia Supreme Court
  • Georgia Superior Courts
  • Georgia Court of Appeals
  • U.S. District Court, Northern District of Georgia