FacultyFaculty/Author Profile

Kevin C. Rakowski

RADIAN

Philadelphia, PA, USA


CHAIR, CONSUMER FINANCE LITIGATION PRACTICE GROUP

Kevin Rakowski is a partner in the Firm’s Litigation department whose practice is focused on consumer financial services and commercial litigation.

Mr. Rakowski is responsible for managing the Firm’s Consumer Financial Services Litigation practice. He represents and counsels residential mortgage loan servicers and lenders in litigation in state and federal courts in numerous jurisdictions across the country, handling all phases of litigation, from initial investigation through trial and appeal. Mr. Rakowski routinely handles a wide variety of claims relating to residential mortgage loan interests, contested  foreclosure and servicing issues, including securitization and standing, claims of wrongful foreclosure, violations of TILA, RESPA, FCRA, FDCPA, ECOA and related federal and state consumer protection laws, improper mortgage loan assignment and holder in due course issues, wrongful eviction, loan modifications, lien priority, title claims, fraud, tax sales, and related servicing issues.

Mr. Rakowski has an extensive litigation background, representing businesses, individuals and institutions in a wide variety of commercial and personal matters. In addition to regularly representing financial institutions in consumer financial services matters, his experience includes appearing before state and federal courts and administrative agencies in disputes involving ownership of intellectual property and related contract issues, mining permits, leases and related environmental issues, disputes regarding placement of fiber optic cables in railway, storage tank spill, personal injury, insurance coverage and other personal and business tort claims; shareholder derivative actions, trust disputes including breach of fiduciary duty claims involving a closely held company, defense of medical device distributor against manufacturer regarding claims of breach of distribution contract, marketing, billing, and related claims, and dealer claims against manufacturer for violations of franchise agreements and antitrust laws. Mr. Rakowski has litigated injunction actions to preserve collateral and appoint receivers, and has represented business partners in negotiations and litigation concerning company dissolution and related severance and non-competition agreements, among other matters.

He has also advised individual and business clients in labor and employment matters involving the FLSA, wage and hour claims, FMLA, Title VII and related federal and state laws; drafted and reviewed employment agreements and restrictive covenants in health care, recruiting, sales and other fields; and conducted human resources investigations and responded to EEOC charges of discrimination. His employment litigation experience includes claims for wrongful discharge and civil RICO, whistleblower claims, enforcement of non-competition and confidentiality agreements, and representing manufacturing and shipping companies in collective bargaining negotiations, labor grievances,  arbitrations, and strikes. He has also assisted clients in the development of privacy policies.

COMMUNITY SERVICE & AFFILIATIONS

Mr. Rakowski has volunteered his time with various community organizations, including PennFuture, the Bucks County Audubon Society, Trout Unlimited, the Committee of 70 and multiple committees of the Central Bucks Chamber of Commerce. Mr. Rakowski has also served as a volunteer attorney for the Pennsylvania Bar Association’s Environmental pro bono program. He is member of the Pennsylvania and Philadelphia Bar Associations, Trout Unlimited, Nature Conservancy, Nantucket Conservation Foundation and the National and Bucks County Audubon Societies.

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