A former prosecutor and experienced trial lawyer, Tracy Cole focuses her practice on employment and complex commercial litigation, as well as on internal investigations and litigation relating to criminal, antitrust, RICO and other compliance issues.
She has successfully resolved whistleblower complaints without litigation, adverse publicity or reputational harm, and has obtained dismissals and summary judgments on actions filed in state and federal courts. Tracy is sought out by companies and individuals facing sensitive and high-risk issues who need prompt, practical and accessible advice on intricate legal problems.
Tracy is the co-chair of BakerHostetler’s Whistleblower and Compliance team. She has experience representing clients against numerous federal, state and city agencies and offices, both civil and criminal.
- Involved in several adversary actions in connection with the Bernard L. Madoff Investment Securities LLC (BLMIS) Liquidation Trusteeship and Counsel, including Picard v. Picower, and is a member of several teams representing the Securities Investor Protection Act trustee in connection with third-party litigation related to the BLMIS estate.
- Obtained summary judgment on a complaint filed by a female employee who was terminated following a company restructuring. Although the plaintiff alleged that the company had terminated all the female employees older than 40 in her position, deposition of the plaintiff defeated her age and gender discrimination claims.
- Led an investigation into claimed financial misconduct by a corporate officer who allegedly had an improper sexual relationship with an employee with audit responsibilities for the company. An immediate investigation and presentation to management enabled the company to address the issue quickly and decisively, without public disclosure or significant impact on other employees.
- Obtained a voluntary dismissal of her client from an industry-wide complaint alleging a widespread insurance conspiracy involving antitrust and RICO claims. After a hearing on a letter to the federal district court requesting permission to file a separate motion to dismiss the client, the plaintiff voluntarily dismissed all claims against the client.
- In one of the earliest post-Twombly decisions, obtained dismissal of a complaint alleging industry-wide price-fixing and an attempted monopolization conspiracy by demonstrating that the allegations did not meet the new standard for facial sufficiency. The dismissal was successfully defended before the Second Circuit.
- Society of Corporate Compliance & Ethics
- American Bar Association
- New York City Bar Association
- J.D., Columbia University School of Law, 1995, Kent Scholar
- B.A., Columbia University, Columbia College, 1990, magna cum laude; Phi Beta Kappa
- U.S. Court of Appeals, Second Circuit, 2010
- U.S. District Court, Eastern District of New York, 2002
- U.S. District Court, Northern District of New York, 2002
- U.S. District Court, Southern District of New York, 2002
Rate : $$$$