Overview

Rachel C. Agius is a litigation attorney in Holland & Knight's Chicago office and a member of the firm's Litigation and Dispute Resolution Practice. Ms. Agius represents clients in commercial litigation at the trial and appellate levels and in arbitrations, as well as in international litigation and arbitration, including matters pending in international tribunals, foreign courts and U.S. courts. She counsels clients across a range of industries, including financial services, energy and natural resources, real estate and healthcare.

In the energy and natural resources sector, Ms. Agius has represented energy and energy-related companies in a variety of commercial and regulatory disputes. She also handles complex commercial disputes, including claims for breach of contract, business torts, fraud, breach of fiduciary duties and product liability.

As part of her white collar defense and investigation practice, Ms. Agius represents corporations and private individuals in a range of civil and criminal investigations and prosecutions before state and federal agencies, including the U.S. Department of Justice (DOJ) and the Federal Bureau of Investigation (FBI). She has experience conducting internal investigations for companies relating to allegations of misconduct and has counseled clients on strategic issues arising from parallel investigations and private litigations.

During law school, Ms. Agius externed for the Judicial Trial Chambers at the United Nations International Criminal Tribunal for the former Yugoslavia in The Hague, Netherlands.

Representative Experience

  • Successfully defended a South American bank in $27 million dispute seeking to set aside arbitration agreement and revive previously settled claims
  • Represented shareholders in business valuation-related litigation
  • Represented a property management firm against real estate fraud allegations
  • Represented a client against breach of contract, fraud and trade secret violation claims asserting more than $12 million in damages in federal court in Illinois
  • Advised a client on litigation involving insurance coverage disputes
  • Successfully defended against Anti-SLAPP claims on behalf of corporate clients
  • Prosecuted commercial evictions on behalf of a global investment management firm

  • Represented natural gas companies in litigation and regulatory matters, including before the California Public Utilities Commission (CPUC)
  • Defended a natural gas company against a consumer class action involving claims under California's consumer protection and recording laws
  • Represented an energy sector client in pursuing claims against a utility company for violations of Racketeer Influenced and Corrupt Organizations Act (RICO), Sherman Act, misrepresentation and breach of fiduciary duty
  • Navigated a natural gas client through an investigation brought by the CPUC and District Attorney's Office for alleged regulatory violations resulting in a conclusion of the investigation without charges

  • Represented an office and financial management entity in class action seeking to allege a violation of the Illinois Biometric Information Privacy Act (BIPA)
  • Defended against a class action involving claims brought under the California Consumers Legal Remedies Act (CLRA)
  • Defended multiple domestic and foreign airlines against personal injury and wrongful death claims
  • Defended a car rental company against class action alleging violation of consumer protection laws

  • Assisted in representing a broker in a matter involving U.S. Department of Justice (DOJ) and Federal Bureau of Investigation (FBI) investigations for alleged white collar criminal offenses, including accusations of securities and wire fraud
  • Assisted in representing a banking institution with a private securities class action relating to residential mortgage-backed securities (RMBS)

  • Defended private equity firm in trade secret and noncompetition claims
  • Defended a client against former employer for claims of breach of noncompetition and nondisclosure agreements and theft of trade secrets

Credentials

Education
  • UCLA School of Law, J.D.
  • University of California, Berkeley, B.A.
Bar Admissions/Licenses
  • California
  • Illinois
Court Admissions
  • All State Courts in California
  • U.S. District Court for the Central District of California
  • U.S. District Court for the Eastern District of California
  • U.S. District Court for the Northern District of California
  • U.S. District Court for the Southern District of California
  • U.S. District Court for the Northern District of Illinois
  • U.S. District Court for the District of Colorado
Memberships
  • Chicago Bar Association
  • Federal Bar Association
  • Women's Bar Association of Illinois
Honors & Awards
  • Excellence in Pro Bono Service, Federal Bar Association, Chicago Chapter, 2018
  • Pro Bono All-Star, Holland & Knight, 2016-2017, 2020
  • Chicago Bar Association, Leadership Institute Graduate, 2018
Spoken Languages
  • English
  • Italian

Publications