Susman Godfrey LLP

27 Best Lawyers awards

Awarded Practice Areas

Commercial Litigation Litigation - Intellectual Property Litigation - Patent Qui Tam Law

Biography

Based in Seattle, Susman Godfrey partner, Rachel Black, focuses her practice on high-stakes commercial litigation for plaintiffs and defendants, both at the trial and appellate levels. Ms. Black has tried and managed high profile, high stakes, and widely covered matters in state and federal courts across the country involving a variety of claims, including patent infringement, audit malpractice, financial fraud, unfair business practices, environmental remediation, breach of contract, and antitrust. She provides efficient, dedicated representation for high-profile clients such as General Electric, the world’s leading commercial satellite manufacturer, SSL, and hedge-fund manager, Louis Bacon.

Ms. Black served as legal counsel to former members of the legendary rock group The Turtles in Flo & Eddie, Inc. v. Sirius XM Radio, Inc. in a certified class action lawsuit against Sirius XM that settled less than 48 hours before the jury trial was scheduled to begin. Sirius XM agreed to pay at least $25.5 million (over $16 million after fees and expenses) and royalties under a 10-year license that is valued up to $62 million (over $41 million after fees and expenses) as compensation for publicly performing without a license Pre-1972 sound recordings. The settlement was approved by the Court in 2017, and has received widespread media coverage from publications such as The New York Times, Billboard, The Hollywood Reporter,Law360, Rolling Stone, Variety, Reuters and Managing IP.

Ms. Black is not deterred by any opponent, no matter how formidable. In In re: Queen’s University at Kingston et al, Black and a team of Susman Godfrey attorneys represent Queens University in a patent battle against multinational conglomerate Samsung, where the team won a first of its kind recognition of patent agent privilege from the Federal Circuit. In March 2017, Ms. Black and her team from this case won an Editor’s Choice Award from Managing IP for their efforts on this case.

It is not surprising that the legal community has taken note of Ms. Black. Ms. Black was named a 2020 Elite Woman of the Plaintiffs Bar by National Law Journal (ALM). Since 2015, Black has been recognized as one of the “Top 50 Washington Women Super Lawyers.” Ms. Black has also been named a “Top 100 Washington Super Lawyer” from 2017 to 2020 and a “Washington Super Lawyer” every year from 2012 through 2020 by Washington Law & Politics Magazine (Thomson Reuters). For its 2018 – 2021 research cycles, Ms. Black was recognized by U.S. News – The Best Lawyers in America® as a top litigator in Seattle for Commercial Litigation, Litigation – Intellectual Property, and Litigation – Patent (Woodward White Inc.).

In January 2012, Ms. Black was elected to The Fellows of the American Bar Foundation. The Fellows of the American Bar Foundation is an honorary organization of lawyers, judges and legal scholars whose public and private careers have demonstrated outstanding dedication to the welfare of their communities and to the highest principles of the legal profession.

Ms. Black is also a powerful advocate for women and diversity in the legal profession. In 2006, Ms. Black founded the Mother Attorneys Mentoring Association of Seattle, a specialty bar organization recognized by the Washington State Bar Association. This organization has paved the way for several related groups around the country.

Susman Godfrey LLP

27 Best Lawyers awards

Overview

  • Gender: Female

  • Cornell University, J.D., graduated 1999
  • University of Nevada, M.S., graduated 1996
  • University of California - San Diego, B.A., graduated 1991

  • New York, 2001
  • Washington, 2002

  • Ninth Circuit
  • Eastern District of Washington
  • Western District of Washington
  • Eastern District of Texas
  • Southern District of Texas
  • Federal Circuit
  • Supreme Court of the United States

  • United States Court of Appeals
  • United States District Court
  • New York, 2001
  • Washington, 2002
  • Cornell University, J.D., graduated 1999
  • University of Nevada, M.S., graduated 1996
  • University of California - San Diego, B.A., graduated 1991
  • Ninth Circuit
  • Eastern District of Washington
  • Western District of Washington
  • Eastern District of Texas
  • Southern District of Texas
  • Federal Circuit
  • Supreme Court of the United States
  • Gender: Female
  • United States Court of Appeals
  • United States District Court

Client Testimonials

Awards & Focus

Recognized in The Best Lawyers in America® 2026 for work in:
  • Commercial Litigation
  • Litigation - Intellectual Property
  • Litigation - Patent
  • Qui Tam Law
Awards:
  • Note Editor, Cornell Law Review, 1998-1999.
  • Fellow, American Bar Foundation.
  • Named a “Rising Star” by Washington Law & Politics Magazine (Thomson Reuters) six times (2004, 2006-2009, 2011).
  • Named a Washington Super Lawyer by Washington Law & Politics Magazine (Thomson Reuters) from 2012 to 2020.
  • Named a Top 50 Washington Women Super Lawyer by Washington Law & Politics Magazine (Thomson Reuters) from 2015 to 2020.
  • Named a Top 100 Washington Super Lawyer by Washington Law & Politics Magazine (Thomson Reuters) from 2017 through 2020.
  • Recipient of the 2016 Washington Women Lawyer’s President Award.
  • Recipient of the 2017 Editor’s Choice Award from Managing IP for work on In re: Queen’s University at Kingston et al.
  • Recognized by U.S. News – The Best Lawyers in America® as a top litigator in Seattle for Commercial Litigation, Litigation – Intellectual Property, Litigation – Patent (2018 – 2021, Woodward White Inc.)
  • Named a 2020 Elite Woman of the Plaintiffs Bar by National Law Journal (ALM)
  • Recommended Lawyer in Dispute Resolution: General Commercial Disputes by The Legal 500 (Leglease, Ltd., 2020)

Additional Information

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Case History

Cases
  • Cosmos Granite (West), LLC, v. Wall to Wall Tile & Stone, LLC
In 2018, Ms. Black took over representation of Cosmos Granite (West), LLC, in its multi-million dollar case against Wall to Wall Tile & Stone, LLC, et al., just months before trial, pursuing claims for breach of contract, account stated, tortious interference, and fraud (among others) and defending against counterclaims including fraud and breach of contract. Ms. Black successfully negotiated a confidential settlement on behalf of Cosmos in December 2018, which provided that Wall to Wall would make a series of settlement payments. After Wall to Wall defaulted on the settlement agreement in July 2019, the court entered a judgement for over $5.5 million to be paid to Cosmos by Wall to Wall. Click here to see the judgement entered by the court.
  • State of California, et al., On The Go Wireless, LLC, v. CELLCO Partnership
Ms. Black is currently part of a team of senior attorneys from Susman Godfrey who represent the largest political subdivisions in California—including the University of California system, the California State University System, and the County of Los Angeles, to name a few—in a groundbreaking suit against wireless carriers for over-billing the government. The case settled in 2020 for over $160 million.
  • PeakWeb v. Machine Zone
Ms. Black represented Peak Web, in its $100+ million lawsuit against online gaming company Machine Zone for breach of contract, fraud, and trade secret misappropriation in California state court. The matter was settled on confidential terms in late 2017.
  • Flo and Eddie v. SiriusXM
Ms. Black represents Plaintiff Flo & Eddie Inc. in a class action against Sirius XM Radio Inc. seeking royalty payment for songs recorded before 1972 that were played by Sirius XM. Less than 48 hours before trial, the parties entered into a settlement valued at up to $99 million. The settlement was approved by the court in 2017.
  • Circuit City Stores Antitrust Litigation
Ms. Black represented the Trustee of the Circuit City Stores, Inc. Liquidating Trust in its opt-out antitrust action against over 25 defendants in federal court in the Northern District of California. Claims included violations of the Sherman Act, violations of the California Cartwright Act, and unfair competition for conspiracy to fix the price of liquid display panels. Claims against all defendants settled before trial. Cumulative settlements totaled in the hundreds of millions of dollars.
  • Two-Way Media, LLC v. AT&T
Ms. Black won a $27.5 million verdict on behalf of plaintiff Two-Way Media, LLC, in a patent infringement suit in the Western District of Texas against various AT&T entities relating to the streaming of audio and video content over the Internet. Defendants Akamai Technologies, Inc., and Limelight Networks, Inc. settled with Two-Way Media for a confidential amount early in the litigation. Ms. Black also represented Two-Way Media in a prior patent infringement case against AOL LLC in the Southern District of Texas. That case settled for a confidential amount after the first week of trial.
  • Google Breach of Contract and Antitrust Matter
Ms. Black represented a nationwide class against Google for breach of contract, unfair competition, and false advertising relating to Google’s AdWords billing practices and related disclosures. Ms. Black’s written advocacy opposing a summary judgment motion positioned the class to obtain a $20 million settlement. Ms. Black obtained final approval of the $20 million settlement in September 2009, in the United States District Court for the Northern District of California. The Ninth Circuit affirmed the district court’s final judgment.
  • Life Insurance Rescission Lawsuit
Ms. Black defended a $15 million life insurance rescission lawsuit brought by PHL Variable Insurance Company (“Phoenix”) in federal court in the Middle District of Florida. Phoenix alleged that the insurance policy lacked an insurable interest because it was procured by a third-party for investment purposes and because there were net worth and other misrepresentations in the application. Ms. Black achieved a favorable settlement for the defendant.
  • Metropolitan Mortgage Securities, Inc. and Summit Securities, Inc. v. PriceWaterhouseCoopers
Ms. Black represented bankrupt financial companies Metropolitan Mortgage Securities, Inc. and Summit Securities, Inc. against their auditor PriceWaterhouseCoopers for breach of contract and accounting malpractice. Accounting issues in the case included treatment of a complex international tax shelter, valuation of mortgage backed securities, and reporting various sophisticated commercial real estate transactions. The case, filed in the Eastern District of Washington, settled for $30 million at the start of trial.
  • Timeline, Inc. v. Microsoft
Ms. Black represented plaintiff Timeline, Inc. in a case against Microsoft and its wholly owned subsidiary for breach of contract and patent infringement relating to Timeline’s database software. After defeating the defendants’ challenge to the validity of the patents, the case settled on confidential terms on the eve of trial. The case was filed in federal court in the Western District of Washington.
  • Deutsche Bank Securities Fraud Litigation
Ms. Black represented 17 high net-worth exchange fund investors in a Maryland state court action for fraud and negligent misrepresentation against Deutsche Bank Securities, its subsidiary Alex Brown Management Services, and the fund’s managers. After the plaintiffs overcame the defendants’ motions for summary judgment, the case settled for a confidential amount.
  • Novell, Inc. v. Microsoft
Ms. Black represented Novell, Inc. in developing antitrust claims against Microsoft. The preparation of Novell’s claims resulted in a $536 million cash settlement of those claims before filing suit.
  • Alaskan Seafood Processors and Importers Litigation
Ms. Black represented a class of Bristol Bay salmon fishermen in a four-month antitrust trial in Anchorage, Alaska against seafood processors and importers. The plaintiffs obtained substantial settlements before and after a jury verdict in the defendants’ favor.
  • Alaska Airlines Employment Class Action - Defense
Ms. Black represented Alaska Airlines in Los Angeles Superior Court, in defense of a class action suit alleging violation of state labor law in connection with pilot applications for employment. The case settled for nominal sum.

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