Rachel R. Mentz

Associate

mentzr@ballardspahr.com
Tel 303.299.7367
Fax 303.296.3956
Boulder
Tel 303.299.7367
Fax 303.296.3956
Denver

As an experienced trial attorney, Rachel R. Mentz works with clients to resolve complex disputes both in and out of court. Rachel draws from her prior career as a teacher to counsel clients so they understand the legal parameters of a particular dispute or the applicable legal or regulatory framework and can best evaluate their options. She also works with clients to develop programs and best practices to help avoid litigation.

Rachel has experience litigating cases in both state and federal courts involving contract, intellectual property, trade secret, consumer finance, banking, mortgage lending, creditor-debtor relations, real estate, insurance coverage, construction defect, and employment law issues. She has a strong background in eDiscovery that allows her to work with clients to implement savvy and cost-effective methods for managing internal investigations and discovery.

As part of Rachel's consumer finance and mortgage banking practice, she advises clients regarding matters arising under the Real Estate Settlement Procedures Act (RESPA), Truth in Lending Act (TILA), Equal Credit Opportunity Act (ECOA), Gramm-Leach-Bliley Act (GLB), Fair Credit Reporting Act (FCRA), Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank Act), Servicemember’s Civil Relief Act (SCRA), Uniform Commercial Code (UCC), and state banking and consumer protection laws. She also devotes part of her practice to advising on fair lending issues, including those related to lending to non-English speaking and limited-English proficient customers and military lending issues. Rachel is a member of the firm's task forces on fair lending and military lending.

In her employment practice, Rachel represents clients in employment disputes arising under federal and Colorado law. She has helped clients resolve disputes regarding the enforceability of non-competition and non-disclosure agreements, claims made under the Colorado Wholesale Sales Representatives Act, and claims for tortious interference with contract. She has also worked with clients to conduct internal investigations related to employment and other matters.

Representative Matters

  • Worked closely with in-house counsel of a large multinational company and a team of industry experts and accountants to successfully resolve a nine-figure M&A dispute against a competitor in one of the largest purchase price adjustment (PPA) disputes in history
  • Obtained a favorable jury verdict for defendants in a $79 million claw-back action brought under the Texas Uniform Fraudulent Transfer Act; took and defended key depositions; successfully moved to reopen discovery and to reset trial date after finding that plaintiff withheld key documents; managed extensive eDiscovery, including the use of clustering and technology-assisted review to reduce review costs
  • First-chair experience presenting opening and closing statements as well as examining and cross-examining witnesses; obtained full recovery for industry leader e-commerce client in breach of software licensing agreement dispute
  • Successfully argued for entry of judgment as a matter of law on defendants’ counterclaims during two-week federal jury trial for patent infringement; used Trial Director during trial to present all exhibits and demonstratives electronically
  • Represent companies in contractual disputes over the ownership and use of intellectual property and the protection of trade secrets
  • Represent banks and sub-servicers in single-plaintiff and class action consumer finance litigation
  • Obtained a $21 million reduction in damages plaintiff sought in natural gas gathering dispute by working with engineering and accounting experts to rebut plaintiff’s experts’ opinions
  • Briefed complex jurisdictional and procedural issues in a multimillion-dollar dispute regarding the purchase of assets in a bankruptcy sale
  • Recovered misappropriated funds for an investor from the principals of an internet startup company
  • Represented a lender and insurer in resolving an insurance coverage dispute involving claims for bad faith breach of contract
  • Successfully moved for judgment on the pleadings in an employment dispute brought against a nonprofit charitable institution
  • Served as part of a team that litigated a multiple-venue environmental insurance dispute involving 20 insurance carriers

While in law school, Rachel served clerkships with the Boulder County District Attorney's Office and an externship with the U.S. Attorney's Office.

Professional Activities

American Bar Association

Colorado Bar Association

Denver Bar Association

Colorado Women’s Bar Association

Colorado General Counsel Group Advisor's Program 2018-19 Participant 

Publications

Co-author, "Modern Day Redlining: Reveal's Investigation of Potential Racial Discrimination in Mortgage Lending Leads to Government Inquiries," Ballard Spahr alert, March 2, 2018

Co-author, "Colorado Modifies and Extends Its Fair Debt Collection Practices Act Through September 1, 2028; Extends Scope to Cover 'Debt Buyers,'" Ballard Spahr alert, June 13, 2017

Co-author, "U.S. Supreme Court Rejects De Novo Review for EEOC Subpoenas," Ballard Spahr alert, April 4, 2017

Co-author, "Colorado Businesses Continue to Face "Drive By" Lawsuits Over ADA Accessibility," Ballard Spahr alert, March 29, 2017

University of Colorado Law School (J.D. 2010)
Articles Editor, Journal on Telecommunications and High Technology Law; Member, University of Colorado Moot Court Team; Recipient, “Best Brief” Award, American College of Trial Lawyers, Region 11 National Moot Court Competition; Top Six Finalist, 1L Oral Argument Competition

Louisiana State University (M.A., 2004, with highest honors)

Wayne State University (B.A. 2002, summa cum laude)
Phi Beta Kappa; Presidential Scholar

Languages

Advanced proficiency in French

Colorado

U.S. District Court for the District of Colorado

Fifth Circuit Court of Appeals

10th Circuit Court of Appeals