Full Profile
Raeshell is a Special Counsel in the Technology & Media team in Sydney and has an extensive depth and breadth of dispute resolution and litigation experience in the cyber, technology and media spaces.
Taking a pragmatic and commercial approach to assisting clients in navigating and resolving their disputes, Raeshell’s commercial litigation experience spans cyber, technology, data, privacy, defamation, consumer law, insurance, contracts, trusts, copyright, intellectual property, media, confidential information, contempt, statutory restrictions, social media, broadcasting and entertainment. She also provides pre-publication and risk management advice to clients and presents in-house legal training seminars to media, insurers, and fellow legal practitioners.
Commencing her legal career in general commercial litigation and insurance litigation prior to specialising in media and technology disputes, Raeshell’s expertise also adds significant value to Clyde & Co’s cyber incident response offering. Raeshell works collaboratively with clients following a cyber incident to explore options to recover losses from potential at-fault parties through litigation and assists clients to defend claims made against them.
Raeshell has written and been the editor of multiple articles, bulletins and parliamentary submissions relevant to technology, media and communications law. She has also been nominated for several honours and awards as a legal practitioner, including being ranked as a “Key Lawyer” in Media and Entertainment (Australia) by global leading legal directory, The Legal 500.
Raeshell is a committee member of the New South Wales Law Society’s Privacy and Data Law Committee and has held numerous executive and committee member positions on other committees and law reform bodies including the Communications and Media Lawyers Association (CAMLA) and the New South Wales Young Lawyers Communications, Entertainment and Technology Committee (CET).
Prior to her career in law, Raeshell had a successful career in media, communications, and entertainment.
Qualifications
- Bachelor of Laws (Hons), University of Sydney, Australia
- Graduate Diploma of Legal Practice, College of Law, Australia
- Bachelor of Arts (Television Production) (with Distinction), Charles Sturt University, Australia
Experience
- Cyber incident recovery claim – Representing a large international law firm in a complex cross-jurisdictional recovery claim against a large global software manufacturer to recover losses caused as a result of a data exfiltration incident relating to the law firm’s use of the software and associated maintenance services.
- Cyber incident defended claim – Defending a claim against a well-known real estate agency brought by a property purchaser who had, in breach of the terms and conditions of payment to the agency, misdirected funds for the payment of a deposit to a third party threat actor who had, unbeknown to the agency, infiltrated the agency’s systems and whilst purporting to be the agency, requested that the purchaser direct funds to an alternative bank account.
- Cyber incident recovery claim – Representing a large Australian health and community services organisation against its payroll solutions provider to recover losses caused as a result of a cyber-attack on the payroll solution provider’s private cloud, rendering the client unable to perform its business functions.
- Breach of contract (technology) – Representing a global technology company in relation to a large IT business transformation project / software litigated dispute against a major global telecommunications provider concerning breach of contract and potential breaches of Section 18 of the Australian Consumer Law (misleading or deceptive conduct).
- Privacy complaints – Preparing responses to complaints lodged with the Office of the Australian Information Commissioner (OAIC) concerning alleged breaches of the Australian Privacy Principles under the Privacy Act 1988 (Cth).
- Insurance coverage complaints – Preparing responses to complaints lodged with the Australian Financial Complaints Authority (AFCA) concerning policy coverage and other complaints relevant to general insurance and life insurance products.
- Defamation – Representing numerous large Australian print, broadcasting and online/digital media companies in defending defamation actions brought against them.
- Defamation – Representing various high-profile clients in relation to defamation claims.
- Defamation – Representing various insurers in the capacity of “monitoring counsel” in relation to defamation claims made against their insureds, where those insureds were represented by other legal and where there was a need to monitor the reasonableness of the conduct of the matter and the costs being incurred.
- Copyright – Representing a global, US-based, online gaming and interactive software company in a copyright software dispute concerning the alleged creation of modification software, or “mod menus”, for a preliminary discovery application and the execution of freezing orders.
- Copyright – Representing various Australian and international media organisations in relation to numerous copyright infringement claims made by or against them.
- Breach of confidence – Representing a large Australian-owned international fashion retailer in a complex breach of confidence and constructive trust dispute in the Victorian Supreme Court.
- Pre-publication advices – Providing pre-publication legal advice to journalists and editors at some of Australia’s largest print, broadcast and digital/online media companies as well as other publisher clients including sporting organisations/associations, company Boards, various businesses and individuals.
- Media complaints – Preparing responses to complaints lodged with the Australian Communications and Media Authority (ACMA) for large Australian media organisations in relation to alleged breaches of the Commercial Television Industry Code of Practice and Australian Broadcasting Corporation Code of Practice.
- Sports law – Representing a prominent NRL Football Club in relation to disciplinary action taken by the NRL against one of the Club’s players in relation to an alleged breach of the Player’s Code of Conduct.
- Sports law – Representing a high-profile sporting organisation in relation to corporate governance issues, sports law issues and alleged defamation claims concerning its Life Members arising from the Royal Commission into Child Sexual Abuse.
