Rachel Herd

Rachel focuses her practice on complex commercial litigation, with a focus in class action defense, mass arbitrations, and intellectual property disputes. She routinely defends companies in class actions and mass arbitrations involving privacy and data security issues, consumer protection laws, digital advertising practices, and marketing-related regulatory claims, including matters arising under Washington's Commercial Electronic Mail Act (CEMA). Her broader litigation practice includes high-stakes disputes involving commercial contracts, business torts, and other complex civil matters in state and federal courts.

Rachel also brings deep experience in copyright and digital media disputes, having represented clients in dozens of cases involving the Digital Millennium Copyright Act (DMCA). Her work includes significant litigation addressing online infringement, platform liability, and content moderation. She regularly advises clients on prelitigation positioning, pairing technical knowledge of the DMCA with a practical, business-focused approach to dispute resolution.

Before joining Davis Wright Tremaine, Rachel served as a law clerk to the U.S. Court of Appeals for the Tenth Circuit.