Rachel M. Herrick

 

Silicon Valley Office
Tel: 650-801-5000
Fax: 650-801-5100
rachelherrick@quinnemanuel.com
Practice Areas
Intellectual Property Litigation
Education

 

Harvard Law School (J.D., cum laude, 1997)

Harvard Environmental Law Review:

Submissions Editor, 1996-1997

Ames First Year Moot Court Competition:

Best Brief Award, 1995

 

University of California Los Angeles (B.A., magna cum laude, Phi Beta Kappa, College Honors, 1993)

Prior Associations
Admissions

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Biography

 

Rachel Herrick represents businesses in a wide range of commercial and intellectual property litigation matters, including copyright and trademark infringement, trade secret misappropriation, fraud, unfair competition, breach of contract and other commercial disputes.   Ms. Herrick has significant trial experience, having successfully tried several cases to verdict.  She has also successfully litigated several interlocutory and post-trial appeals.  Ms. Herrick has litigated on behalf of clients engaged in a diverse range of businesses, including internet technology, financial services, consumer products, and health care.





Notable Representations

 

Represented Intuit in a series of actions against its competitor H&R Block relating to advertising for TurboTax and H&R Block’s tax services and products.  The actions involved claims for false advertising and trademark and copyright infringement.  Following a series of favorable discovery rulings that Quinn Emanuel obtained in the two jurisdictions in which the actions were litigated, the cases settled favorably to Intuit, and H&R Block’s offending knock-off advertisement was pulled.


Obtained complete dismissal and $200,000 in sanctions on behalf of Avery Dennison Corporation and its  regular patent prosecution counsel, Renner Otto,  in a fraud, negligence and breach of fiduciary duty case brought by the alleged inventor of personalized postage. 
 

Obtained a favorable settlement on behalf of Kaiser Permanente in defense of a lawsuit disputing copyright ownership of photographic libraries consisting of thousands of images.  The settlement followed Quinn Emanuel's successful appeal to the Ninth Circuit for  vacatur of a preliminary injunction that had been entered against the client while the client was represented by former counsel.


Represented Bancorp Services in a suit against The Hartford Insurance company for stealing trade secrets and breaching a confidentiality agreement. After a two-week trial requiring that we explain sophisticated financial products to jurors, the St. Louis jury deliberated for less than a day and unanimously awarded Bancorp $118 million.
 

Represented Jefferies & Company in a gender discrimination and retaliation action brought by a highly compensated investment banker.  After a two-month trial, the San Francisco jury returned a complete defense verdict for Jefferies.