Rachelle is a Member of Cervenka Green & Ducharme LLC, Rhode Island's first women-owned business law firm. During her 20+ years of litigation experience, she has represented her clients in federal and state courtrooms across the country, before administrative agencies, and in international and domestic arbitrations to resolve an assortment of business disputes in diverse industries and areas, including employment, contract, and real estate/land use disputes.
Pre-litigation, Rachelle builds relationships with her clients—which include businesses of all sizes, State agencies, non-profit entities, and executives—as a trusted, strategic advisor and works with them to identify practical, results-oriented solutions to the issues they face. When litigation is necessary, she takes a strategic, proactive approach with an eye toward obtaining the best results in the most efficient manner, using the versatility and resourcefulness she has gained over two decades of practice.
Rachelle also has a significant practice advising clients—both corporate entities and executives—on employment-related matters. Having represented both sides, she effectively navigates every aspect of the employment relationship—from offer letters to separation agreements and everything in between. Through her work with regional employers, she has also developed an expertise in responding to data breaches and other aspects of cybersecurity.
Representative Matters
- Routinely assists clients (both employers and employees) with negotiating employment and separation/severance agreements. Has represented executives entering and exiting Fortune 50, 500, and smaller companies as well as the largest health-care systems in Rhode Island and the greater Boston area. Rachelle also frequently partners with mergers and acquisitions teams from larger firms in representing executives and founders who are selling some of all of the equity in their companies to negotiate employment packages and compensation plans.
- In the past few years, Rachelle has negotiated favorable separation packages for numerous high-level executives at entities across the country, including the CEO of a large, national non-profit organization; multiple senior executives at large, national financial and medical institutions; and several executives at smaller, regional companies. When circumstances warrant, Rachelle has been successful at negotiating severance payments far above the contractual severance amounts set forth in her clients' employment contracts.
- Routinely represents businesses and employers in Rhode Island and Massachusetts in cases involving wage disputes, discrimination, harassment, and violation of federal and state employment laws. Also represents clients before federal and state employment agencies following charges of discrimination.
- Assists clients - both executives and employers—in navigating non-competition restrictive covenants, including assisting employers with drafting and enforcing non-competition agreements and representing both former employees and employers in litigation involving non-competition agreements.
- Conducts and assists clients in conducting internal investigations per state and federal laws and advises clients how to respond to complaints.
- Represented a group of minority shareholders, including a founding officer, in a multi-count action against directors and shareholders of a closely-held Nevada corporation based in Massachusetts. After multiple dispositive motions by defendants were largely denied, broad discovery was exchanged, and defendants filed a retaliatory lawsuit against the former officer/client of CGD, the CGD team negotiated a favorable settlement and dismissal of all claims.
- Represented a condominium owner of a two-unit condominium in a dispute with the other unit owner. After almost two years of litigation and a week-long trial, Rachelle and her team prevailed, with the Judge issuing a 90-page written decision making new law and awarding CGD's client their attorneys' fees on multiples bases, which was later upheld by the Rhode Island Supreme Court.
- Frequently serves as local counsel for out-of-state lawyers in state and federal courts, in some of the largest cases pending in Rhode Island.
Education
- Georgia State University College of Law, J.D., 1997 (cum laude)
- Northwestern University College of Law, 1996 – 1997
- College of the Holy Cross, B.A., 1991 (cum laude)
Work Experience
Cervenka Green & Ducharme LLC
• Member, 2017 - Present
Duffy & Sweeney Ltd.
• Partner, 2008 - 2017
• Associate, 2002 - 2008
Holland & Knight, LLP
• Associate, 1998 - 2002
Honors & Awards
- Best Lawyers® (recognized from 2019 - present) in:
- Commercial Litigation
- Employment Law - Individuals
- Employment Law - Management
- Litigation - Intellectual Property
- Litigation - Labor & Employment
- Super Lawyers®, Rhode Island – Employment Litigation, Business Litigation, Employment & Labor, 2014 - present
- Rhode Island Monthly, Professional Excellence in Law, 2019 - present
- Chambers USA – Leader in Field, General Commercial Litigation
Civic & Charitable Involvement
- Rhode Island Board of Education, Member, 2016 – present
- Council on Postsecondary Education
- Chair, Personnel Committee
- Co-Chair, Rhode Island College Presidential Search Committee
- Sophia Academy
- Individual Student Mentor, 2019 - present
- Big Brothers Big Sisters of the Ocean State
- Board President, 2013 - 2015
- Board Vice President, 2010 - 2013
- Board Member, 2007 - 2016
- Recipient, Champions of Mentoring Award
- American Heart Association, Executive Leadership Team, Go Red for Women, 2015 - 2017
- Past Member, Rhode Island Public Radio Community Advisory Board
Professional Affiliations
- Rhode Island Bar Association
- Federal Bar Association
- Rhode Island Women's Bar Association
Bar Associations
- Rhode Island
- Massachusetts
- Illinois
- U.S. District Court, District of Rhode Island
- U.S. District Court, Massachusetts
- U.S. District Court, Illinois
- U.S. District Court, Eastern District of Wisconsin
- U.S. Court of Appeals, First Circuit
- U.S. Court of Appeals, Seventh Circuit
- U.S. Supreme Court