Rachael Carp’s practice focuses primarily on business and employment litigation in the financial services industry.

For over 20 years, Rachael Carp has represented clients in business litigation and employment-related disputes.  She represents securities broker-dealers, publicly traded companies, universities, and individual employees in age, race, gender, disability, and national origin discrimination matters, and cases involving wrongful termination, retaliation, constructive discharge, defamation, fraud, trade secrets, restrictive covenants, and breach of contract.  Rachael litigates in state and federal court, arbitrates in FINRA, JAMS, and the AAA, and appears before the EEOC and other administrative agencies.

When Rachael’s clients are faced with a litigation or pre-litigation event, she proactively identifies risk points, delivers excellent advice on complex issues, and mounts an aggressive legal case to achieve her clients’ objectives. However, Rachael also recognizes that an important part of zealously representing her clients includes counseling them how to avoid litigation. In that regard, she regularly advises clients on pre-litigation events and day-to-day employment matters.  She also conducts internal investigations and advises both employees and employers concerning employment contracts and separation agreements.

Before joining Rubin Fortunato, Rachael represented securities broker-dealers and registered representatives in customer disputes and regulatory investigations before FINRA and state securities commissions.

Rachael is also a FINRA-approved non-public arbitrator.

Speaking Engagements

• “To Compete or Not to Compete: Who Can Restrain Me?” Pennsylvania Bar Institute 23rd Annual Employment Law Institute, co-presenter and co-author of written materials (2017)

Practice Highlights

• Obtained summary judgment in federal court on former employee’s claims alleging violations of state and federal anti-discrimination law based on race, national origin, sex, disability, and age, as well as a federal claim of retaliation based on disability and claims of retaliation and interference with the Family and Medical Leave Act.
  

  Han v. Temple University, Case No. 2:23-cv-04433-JDW, E.D. Pa. (2025)

• Obtained arbitration award of over $1.1 million, plus interest, attorney’s fees, and costs, in breach of contract action against former employee and successfully defeated counterclaims, including fraudulent inducement, breach of contract and covenant of good faith and fair dealing, tortious interference, unfair competition, and unjust enrichment, for which former employee sought over $23 million.
  

  Merrill Lynch v. Lahoud, FINRA-DR No. 22-01970, New York, NY (2025)

• Obtained a full defense award, defeating a former employee’s $4 million claim for constructive termination, breach of contract, and fraudulent and negligent misrepresentation, and obtaining an award against the employee for attorney’s fees, costs, and full repayment of the employee’s outstanding promissory note balance plus interest.
  

  Williams v. Merrill Lynch., et al. FINRA-DR 20-03995.

• Defeated a former employee’s request for modification or expungement of his Uniform Termination Notice for Securities Industry Registration (Form U-5) after the arbitration panel determined that it was not untrue and/or defamatory.
  

  Heapes v. Merrill Lynch, et al., FINRA-DR 19-03772.

• Obtained temporary restraining orders against numerous former employees after they took confidential and proprietary customer information in violation of their employment agreements and trade secret law.
  

  Merrill Lynch v. McDavid, et al., No. 2012-cv-217492, Super. Ct. Fulton Cty., GA (2012)

  Merrill Lynch v. Vise, et al., No. 2:12-cv-01634-KOB, N.D. Ala. (2012)

  Merrill Lynch v. Guinn, No. 28431, Washington County Cir. Ct., TN (2010)

  Merrill Lynch v. Kurgis, No. 2:08-cv-777-FTM-29DNF, M.D.Fla. (2008)

  Merrill Lynch v. Kingzett, No. 08-093236-CZ, Oakland County Cir. Ct., MI (2008)