Tracee E.Davis
Partner
Commercial Litigation
tdavis@seyfarth.com
"I’m an experienced business lawyer, legal advisor, and trial counsel with a strong track record of transforming challenging situations and navigating uncharted waters in delivering results regardless of the circumstances for corporate clients both in and out of court."
More About Tracee
When the stakes are high and clients need counsel with experience at the highest level, they call Tracee. Tracee has been winning complex, high-value litigation for decades. As lead trial and class action defense counsel in litigating and arbitrating commercial and business disputes, Tracee is frequently retained for her jury and non-jury trial experience in state and federal court. She litigates and advises clients across all industries, including digital services, data licensing, industrial products, financial and insurance services, retail and commercial, and residential real estate. Her experience involves a range of complex matters, including breach of contracts, breach of fiduciary duty, fraud, misrepresentation, tortious interference, and violations of data privacy, cybersecurity, discrimination, and financial services laws and regulations.
Tracee counsels C-suites and board directors on corporate governance matters, including fiduciary duties, litigation risk avoidance and strategic development, alignment, and design implementation of privacy, cybersecurity, and ESG policies and practices.
In addition, Tracee serves as a private commercial arbitrator/mediator, through SSAM Alternative Dispute Resolution LLC, combining her extensive legal knowledge with her goal of providing business clients with practical, cost-efficient legal solutions. Courts routinely appoint Tracee to serve as a Court-Appointed Receiver, Referee, and Special Master to facilitate the liquidation of assets and enforcement of court orders in the disposition of complex business disputes.
Tracee has built a reputation for delivering results both in and out of court using precise business-oriented legal analysis and in finding creative and practical solutions swiftly, efficiently, and always with a mindful eye on costs. Tracee’s ability to provide clients with consistent results stems from two unique experiences: first, she spent many years as an attorney in one of the busiest complex commercial courts in the country, Manhattan’s Commercial Division, handling as almost a special master or the equivalent of a magistrate judge, the most challenging, complex, and oftentimes cyclical disputes financial and other markets regularly face. Second, she stays engaged in the development of commercial law and courtroom procedures through her leadership roles in the bar association.
Tracee is a founding member of New York State’s Commercial Division Advisory Council, a group that proposes rules to promote cost-efficient litigation in New York’s commercial courts. She is a member of New York Institute of Technology’s Women’s Technology Council. She served as the chair of the 2,000-member Commercial and Federal Litigation Section of the New York State Bar Association, a group which laid much of the ground work in establishing New York’s Commercial Division, one of the first commercial courts in the country. She served as a commissioner on the New York State Ethics Commission for the Unified Court System, and she served as chair the 150-year old Judiciary Committee of the New York City Bar Association, which reviews the qualifications of all elected or appointed federal, state, and local judges sitting in the City of New York. She is also a member of the national Association of Defense Trial Attorneys (ADTA).
Tracee is a frequent speaker on commercial litigation, emerging technology-related issues, including AI and GenAI, and equity and inclusion in the law. Tracee is the New York Office Co-Chair of Seyfarth’s national Diversity in Action Team and Co-Chair of Seyfarth’s ESG-Impact Group’s Sub-Committee on Corporate Governance. She is creator and host of The Financial Law Forum podcast, which focuses on the intersection between the financial industry, law, and equal access to opportunities. She co-authored the influential report, If Not Now, When: Achieving Equality for Women Attorneys in the Courtroom and in ADR. Richard Lewis, New York State Bar Association president, said of Tracee’s work: “In boardrooms and courtrooms, she exerts her influence as a powerful litigator and role model to encourage more women and attorneys of color to be part of the next generation of attorneys.”
In 2023, Tracee received the Hon. Shira A. Scheindlin Award for Excellence in the Courtroom.
Tracee counsels C-suites and board directors on corporate governance matters, including fiduciary duties, litigation risk avoidance and strategic development, alignment, and design implementation of privacy, cybersecurity, and ESG policies and practices.
In addition, Tracee serves as a private commercial arbitrator/mediator, through SSAM Alternative Dispute Resolution LLC, combining her extensive legal knowledge with her goal of providing business clients with practical, cost-efficient legal solutions. Courts routinely appoint Tracee to serve as a Court-Appointed Receiver, Referee, and Special Master to facilitate the liquidation of assets and enforcement of court orders in the disposition of complex business disputes.
Tracee has built a reputation for delivering results both in and out of court using precise business-oriented legal analysis and in finding creative and practical solutions swiftly, efficiently, and always with a mindful eye on costs. Tracee’s ability to provide clients with consistent results stems from two unique experiences: first, she spent many years as an attorney in one of the busiest complex commercial courts in the country, Manhattan’s Commercial Division, handling as almost a special master or the equivalent of a magistrate judge, the most challenging, complex, and oftentimes cyclical disputes financial and other markets regularly face. Second, she stays engaged in the development of commercial law and courtroom procedures through her leadership roles in the bar association.
Tracee is a founding member of New York State’s Commercial Division Advisory Council, a group that proposes rules to promote cost-efficient litigation in New York’s commercial courts. She is a member of New York Institute of Technology’s Women’s Technology Council. She served as the chair of the 2,000-member Commercial and Federal Litigation Section of the New York State Bar Association, a group which laid much of the ground work in establishing New York’s Commercial Division, one of the first commercial courts in the country. She served as a commissioner on the New York State Ethics Commission for the Unified Court System, and she served as chair the 150-year old Judiciary Committee of the New York City Bar Association, which reviews the qualifications of all elected or appointed federal, state, and local judges sitting in the City of New York. She is also a member of the national Association of Defense Trial Attorneys (ADTA).
Tracee is a frequent speaker on commercial litigation, emerging technology-related issues, including AI and GenAI, and equity and inclusion in the law. Tracee is the New York Office Co-Chair of Seyfarth’s national Diversity in Action Team and Co-Chair of Seyfarth’s ESG-Impact Group’s Sub-Committee on Corporate Governance. She is creator and host of The Financial Law Forum podcast, which focuses on the intersection between the financial industry, law, and equal access to opportunities. She co-authored the influential report, If Not Now, When: Achieving Equality for Women Attorneys in the Courtroom and in ADR. Richard Lewis, New York State Bar Association president, said of Tracee’s work: “In boardrooms and courtrooms, she exerts her influence as a powerful litigator and role model to encourage more women and attorneys of color to be part of the next generation of attorneys.”
In 2023, Tracee received the Hon. Shira A. Scheindlin Award for Excellence in the Courtroom.
- JD, American University, Washington College of Law
- BA, Montclair State University
- New Jersey
- New York
- US Court of Appeals, Second Circuit
- US District Court, Eastern District of New York
- US District Court, Southern District of New York
Related Services
Related Key Industries
- Defended Fortune 50 company in high-profile jury trial in public accommodation discrimination action. Represented and resolved other actions and Division of Human Rights charges of public accommodations discrimination resulting in favorable dismissal on behalf of client.
- Defended Fortune 500 diversified outsourcing services provider in multiple litigations for breach of fiduciary duty and breach of services agreement involving Employee Retention Tax Credits filings and payments.
- Counsel digital pharmaceuticals software provider in dispute with pharmaceuticals co-collaborator over data sharing, privacy and public disclosure terms of licensing and collaboration agreement.
- Defended numerous Fortune 50 financial institutions in evidentiary hearings and pre-trial proceedings, winning dismissal or favorable resolution of a complex commercial financing letter of credit action, mishandling suspicious activities in commercial account and a variety of consumer financing class actions alleging FDCPA, FCRA, TILA, RESPA and New York GBL fraud violations brought in New York State and Federal Courts.
- Defended a Fortune 200 global real estate brokerage client, in several matters including one winning summary judgment dismissal of claims involving commercial torts, breach of fiduciary duty, and breach of contract claims brought in New York State Court, Commercial Division.
- Represented New York state insurance agency in settling damages action against a large insurance claims adjuster for mismanagement of insurance claim and breach of contract.
- Represented a former condominium complex developer/owner, winning summary judgment dismissal of a complex action brought by the condominium association to recover for outstanding tax certificates.
- Represented LLC members and partners in litigation and arbitration of matters involving separation and dissolution of businesses, including winning sanctions in the form of attorneys' fees.
- Represented a Fortune 100 global insurance company in commencing SDNY litigation in recovery of superfund clean-up costs under $10 million financial guarantee bond.
- Counseled New York state insurance agency in disclaiming $10 million director and officer's excess coverage claim, while adverse finding on summary judgment in coverage dispute on underlying layer of coverage was litigated and reversed on appeal.
- Counseled financial services provider, public university, start-ups and e-learning companies on comprehensive privacy and information security policies both (internal and public). privacy assessments and data flow mapping.
- Routinely appointed as a Court-Approved Fiduciary to act as receiver, special discovery master or special referee to oversee and ensure enforcement and compliance with court orders issued in various types of commercial partition, business dissolutions and commercial and residential real estate actions.
Related Trends
Related News & Insights
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Speaking Engagement
Nov 7, 2024
Tracee Davis to Speak on “Judicial Reforms that Advance Diversity and Representation” at SOMOS INC. Puerto Rico Conference
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Podcast
Mar 27, 2024
The Financial Law Forum – Executive Compensation and ESG: How Compensation Might Be Tied to ESG Metrics
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Speaking Engagement
Mar 14, 2024
Tracee Davis and Grayson Moronta to Speak on Coalition of Women's Initiatives in Law Panel on the State of DE&I in Law Firms and Companies
-
Attorney Publication
01/05/2024
Tracee Davis Writes on Assigning Tech-Related Disputes to the Commercial Division in the New York Law Journal
- The Honorable Shira Scheindlin Award for Excellence in the Courtroom (2023)
- Named to City & State New York’s "Law Power 100" List (2021-2022)
- Recognized as a recommended attorney for cyber law (including data privacy and data protection) by The Legal 500 (Legalese Ltd.) (2020)
- New York State Commercial Division Advisory Council, 2013-present
- New York Institute of Technology’s Women’s Technology Council. 2019 – present.
- New York State Ethics Commission for New York's Unified Court System, commissioner, 2017-2020
- New York State Bar Association, Commercial and Federal Litigation Section (Chair, 2012-2013; Subcommittee member on Artificial Intelligence; Committee on Federal Legislative Priorities, 2012-2017; Executive Committee, 2001-present; co-chair, Smooth Moves 'Career Strategies' for Attorneys for Attorneys of Color, 2005-present; Committee on Technology and Legal Profession, 2016-2021)
- Association of the Bar of the City of New York, Committee on the Judiciary, Chair (2020-2023); New York City Bar Fund board of directors, 2018-present)
- Boardsuited, E-Learning Lecturer on Board Directors’ fiduciary duties, 2018-present
- National Association of Women Judges (midyear conference co-chair; CLE presenter, Implications of AI and Automated Decision Making, 2018)
- Author, "Technology-Related Commercial Disputes Should Be Assigned to the Commercial Division," New York Law Journal (January 5, 2023)
- Co-Author, "United States: SEC Proposes Sweeping New Cybersecurity Rules: Is Your Company Prepared?," mondaq (April 25, 2023)
- Co-Author, "SEC Proposes Sweeping New Cybersecurity Rules: Is Your Company Prepared?," Legal Update, Seyfarth Shaw LLP (April 10, 2023)
- Co-Author, "SEC Continues ESG Push With Proposed Investment Disclosure and Fund Name Requirements," Legal Update, Seyfarth Shaw LLP (May 31, 2022)
- Co-Author, "Overview of ESG Issues and Checklist in Preparing Disclosures for Insurance Companies," Bloomberg Law Industry (May 2022)
- Co-Author, "Overview of ESG Issues and Checklist in Preparing Disclosures for Security and Commodity Exchanges," Bloomberg Law Industry (April 2022)
- Co-Author, "Overview of ESG Issues and Checklist in Preparing Disclosures for Consumer Finance Companies," Bloomberg Law Industry (April 2022)
- Co-Author, "Overview of ESG Issues and Checklist in Preparing Disclosures for Mortgage Finance Companies," Bloomberg Law Industry (April 2022)
- Co-Author, "How Fund Industry Can Prepare For SEC's Cyber Proposal," Law360 (March 4, 2022)
- Co-Author, "New York City Law Seeks to Curb Artificial Intelligence Bias in Hiring," Legal Update, Seyfarth Shaw LLP (December 20, 2021)
- Co-Author, "SEC’s Approval Inches NASDAQ Closer to Implementing Board Diversity Listing Requirements," Legal Update, Seyfarth Shaw LLP (August 10, 2021)
- Co-Author, "Fintechs' culture must evolve as the sector matures," PaymentsSource (February 12, 2021)
- Co-Author, "New York’s Disclosure Law and Other Laws and Regulatory Mandates Regarding Women on Corporate Boards," Legal Update, Seyfarth Shaw LLP (January 21, 2021)
- Co-Author, "SEC Modernizes Decades-Old Investor Marketing Rules to Address Evolution of Markets and Technology," Legal Update, Seyfarth Shaw LLP (December 28, 2020)
- Co-Author, "In a Win for FinTech, New FDIC Rule Clarifies Industrial Bank Application Process," Legal Update, Seyfarth Shaw LLP (December 21, 2020)
- Co-Author, "New York State Court Compels Remote Depositions," Legal Update, Seyfarth Shaw LLP (June 24, 2020)
- Co-Author, "FTC Consumer Protection Director Provides Guidance on Use of Artificial Intelligence in Automated Decision-Making," Consumer Class Defense Blog, Seyfarth Shaw LLP (May 7, 2020)
- Co-Author, "COVID-19’s Potential Effect on Lender Liability," Legal Update, Seyfarth Shaw LLP (April 15, 2020)
- Co-Author, "COVID-19: New York Courts Begin to Resume Hearing Non-Essential Matters—Remotely," Legal Update, Seyfarth Shaw LLP (April 9, 2020)
- Co-Author, "COVID-19: New York Courts Go Virtual," Legal Update, Seyfarth Shaw LLP (April 3, 2020)
- Co-Author, "COVID-19: Business Courts’ Response to the Crisis," Legal Update, Seyfarth Shaw LLP (March 24, 2020)
- Co-Author, "SEC Commissioner Peirce Proposes Three Year 'Safe Harbor' For Tokens," Legal Update, Seyfarth Shaw LLP (February 11, 2020)
- Co-Author, "FTC Touts Refined Approach to Data Security Enforcement," Legal Update, Seyfarth Shaw LLP (January 13, 2020)
- Co-Author, "FTC Rules Political Ad Marketing Firm Cambridge Analytica Deceived Facebook Users," Legal Update, Seyfarth Shaw LLP (December 19, 2019)
- Co-Author, "FTC Report Underscores the Importance of Crafting Effective Settlement Notices," Consumer Class Defense Blog, Seyfarth Shaw LLP (November 8, 2019)
- Co-Author, "Federal Banking Regulators Sign Off on Volcker Rule 2.0," Legal Update, Seyfarth Shaw LLP (October 15, 2019)
- Co-Author, "If Not Now, When: Achieving Equality for Women Attorneys in the Courtroom and in ADR," Report adopted by the American Bar Association and the New York State Bar Association.
- Contributor, "Task Force on Commercial Litigation in the 21st Century," Report adopted by Chief Judge of the State of New York.
- Co-Speaker, “The Financial Law Forum – Executive Compensation and ESG: How Compensation Might Be Tied to ESG Metrics,” Podcast, Seyfarth Shaw LLP (March 27, 2024)
- Speaker, "Executive Compensation and ESG: How Compensation Might Be Tied to ESG Metrics," The Financial Law Forum, Podcast (March 27, 2024)
- Presenter, "What is ESG and Why Does It Matter?," 2023 National Summit of Black Women Lawyers (March 31, 2023)
- Presenter, "What Counsel Looks for in Selecting Arbitrators and Mediators," New York State Bar Association (January 18, 2023)
- Mediator, "What is the Essence of Commercial Mediation?," SSAM Commercial Mediation (November 2022)
-
Presenter, "Technology’s Impact on Diversity, Equity, and Inclusion in the Legal Profession," Practising Law Institute (March 14, 2022)
- Co-Creator and Host, The Financial Law Forum Podcast: Episode 7 - Conversation with Jeffrey M. Winn: A Book Review of "The 1619 Project: A New Origin Story," Seyfarth Shaw LLP (February 28, 2022)
-
Co-Creator and Host, The Financial Law Forum Podcast: Episode 6 - Advancing and Investing in DEI: Where Do We Go From Here?, Seyfarth Shaw LLP (February 18, 2022)
- Speaker, "Panasonic’s ESG Program: What is it? Where Do We Stand? Where Do We Go? How Do We as a Team Help Get There?," ESG at Panasonic’s Legal and Compliance Conference (February 8, 2022)
- Co-Presenter, "Evolution of FinTech and AI and the Resulting Impact on Lending," Webinar, Seyfarth Shaw LLP (October 28, 2021)
- Co-Presenter, "Cross-Functional Teams: Going Beyond Technical to A Comprehensive Approach to Cyber Resilience," Webinar, Seyfarth Shaw LLP (September 15, 2021)
- Co-Presenter, "Cybersecurity and Data Privacy Threats and Fiduciary Duties Confronting the Financial Services Industry: A Look at Risk Mitigation Strategies," Webinar presented by Seyfarth Shaw LLP and Mazars (September 14, 2021)
- Co-Creator and Host, The Financial Law Forum Podcast: Episode 5: Advancing Financial Equality: How Small and Minority Owned Businesses Can Access New Capital through CDFIs and MDIs, Seyfarth Shaw LLP (June 8, 2021)
- Co-Creator and Host, The Financial Law Forum Podcast: Episode 4: Advancing Financial Equality: Congressional Appropriation of Billions to Small Financial Institutions Can Narrow the Wealth Gap, Seyfarth Shaw LLP (June 8, 2021)
- Speaker, "The CARES Act: Modifications to FCRA Duties," Webinar, Seyfarth Shaw LLP (May 27, 2021)
- Guest Lecturer, "Auditor’s Liability in Financial Fraud," New York Institute of Technology (May 2021)
- Speaker, "ESG: Broadening the Lens on Risks, Returns and Opportunities," GSBA Substantive Law Series Webinar, sponsored by the Garden State Bar Association and the Association of Coporate Counsel (April 28, 2021)
- Co-Creator and Host, The Financial Law Forum Podcast: Episode 3: Perspective from the Boardroom: Information Risk Management, ESG and Artificial Intelligence with Agnes Bundy Scanlan, Seyfarth Shaw LLP (April 19, 2021)
- Co-Creator and Host, The Financial Law Forum Podcast: Episode 2: A Fireside Chat with Elisa Luque, EVP & Head of Global Wealth Management for Guaranty Bank & Trust, Seyfarth Shaw LLP (March 24, 2021)
-
Co-Creator and Host, The Financial Law Forum Podcast: Episode 1: A Conversation with Afiya M. Jordan, JPMorgan Chase, Seyfarth Shaw LLP (March 22, 2021)
- Presenter, "Cybersecurity & Data Privacy Forum: Spotlight in Leadership & Diversity," sponsored by the Garden State Bar Association, JPMorgan Chase, and hosted by the ACC-NJ (March 15, 2021)
- Speaker, "Cybersecurity in Supply Chain Management," ACC Foundation Cybersecurity Summit (March 2-4, 2021)
- Presenter, "Diversity in the Corporate Boardroom, Courts and the Legal Profession," co-hosted by New York County Lawyers Association and NYCLA's Center for Corporate Governance (January 29, 2021)
- Presenter, "Compliance, Ethics, and Diversity in Third Party Risk Management," Webinar Panel hosted by Prevalent (January 28, 2021)
- Speaker, "ESG – How Do You Measure It?," ESG Panel at KORIED’s Plan Sponsor Virtual Educational Institute (January 20, 2021)
- Co-Presenter, Association of National Advertisers' Brand Activation Legal Committee meeting (December 17, 2020)
- Co-Presenter, "A Fresh Look at FinTech: 2020 Trends, Regulations, and Disruptions," Webinar, Seyfarth Shaw LLP (December 9, 2020)
- Co-Presenter, "Corporate and Plan Fiduciary Duty: Addressing COVID-19 Liability Risk," Webinar, Seyfarth Shaw LLP (June 18, 2020)
- Co-Presenter, "Corporate Fiduciary Duty and Liability In a Tech Driven World - Solutions and Preventions to Mitigate Damages," Breakfast Briefing, Seyfarth Shaw LLP, New York, NY (March 12, 2020)
- Panelist, "Big Data and Privacy Concerns," The Master's Conference (July 2019)
- Speaker, New York County Lawyers Association on Diversity, New York, NY (May 16, 2019)
- Panelist, "Diversity in the Legal Profession: Law, Departments, Courts, Firms," New York County Lawyers Association (May 2019)
- Presenter, "Technology and the Law," City University School of Law (February 2019)
- Co-Chair and Panelist, "AI Learns: AI, Data Privacy and Cybersecurity," The Advancement Initiative (February 2019)
- Panelist, "New Technologies: What Lawyers Need to Know!," New York State Bar Association (September 2018)
- Chair and Moderator, "Big Data, US Data Privacy Laws, and the EU General Data Protection Regulation," Webinar on Artificial Intelligence and Data Privacy/Protection (May 2018)
- Panelist, "Judges’ Pet Peeves 2017: Tips from the Bench on Trial Practice," Practicing Law Institute (October 2017)
- Presenter, "Information Governance Strategies and Holistic Management of Your Key Corporate Asset," Women Leaders: Lawyers Learning the Business of Business ASCENT 2017 (May 2017)
- Panelist, "Commercial Litigation Academy: Injunctions and Orders to Show Causes," New York State Bar Association (May 2017)
- Panelist, "Law and Disruptive Technologies," National Asian Pacific American Bar Association’s Northeast Regional Conference (August 2016)
- Panelist, "Recent Developments in Class Action Litigation," New York City Bar Association (June 2016)
- Presenter, "Information Governance, Privacy and Cybersecurity," ASCENT 2016 Leadership Workshop (May 2016)
- Panelist, "The Use of Technology in Court," New York State Bar Association (May 2015)
- Panelist, "Current Issues in State Court Class Action Litigation," New York City Bar Association (May 2015)
- Lecturer, "Court-Annexed Mediation and Facilitative Case Management in Specialized Business Courts," Royal Academy of Judicial Professionals in Cambodia (February 2013)
- Presenter, "Annual Civil Trial Practice Institute," New York County Lawyers Association (2003-present)
- Featured, “Proposed Amendment Would Assign Technology-Related Disputes to Commercial Division,” New York Law Journal, (Monday, December 11, 2023)
- Quoted, "Driving ESG: It's More Than Legal Advice," Corporate Counsel (June 25, 2021)
- Quoted, "More Judges Are Demanding Diversity Among Class Counsel," Law360 (July 16, 2020)
- New York City Marathon, 2017 (raised more than $3,500 for Autism Speaks) and 2019
- LINC Literacy Inc., board member and corporate governance chair, 2007-2012
- Ramapo-Bergen Animal Refuge volunteer
"I’m an experienced business lawyer, legal advisor, and trial counsel with a strong track record of transforming challenging situations and navigating uncharted waters in delivering results regardless of the circumstances for corporate clients both in and out of court."
More About Tracee
When the stakes are high and clients need counsel with experience at the highest level, they call Tracee. Tracee has been winning complex, high-value litigation for decades. As lead trial and class action defense counsel in litigating and arbitrating commercial and business disputes, Tracee is frequently retained for her jury and non-jury trial experience in state and federal court. She litigates and advises clients across all industries, including digital services, data licensing, industrial products, financial and insurance services, retail and commercial, and residential real estate. Her experience involves a range of complex matters, including breach of contracts, breach of fiduciary duty, fraud, misrepresentation, tortious interference, and violations of data privacy, cybersecurity, discrimination, and financial services laws and regulations.
Tracee counsels C-suites and board directors on corporate governance matters, including fiduciary duties, litigation risk avoidance and strategic development, alignment, and design implementation of privacy, cybersecurity, and ESG policies and practices.
In addition, Tracee serves as a private commercial arbitrator/mediator, through SSAM Alternative Dispute Resolution LLC, combining her extensive legal knowledge with her goal of providing business clients with practical, cost-efficient legal solutions. Courts routinely appoint Tracee to serve as a Court-Appointed Receiver, Referee, and Special Master to facilitate the liquidation of assets and enforcement of court orders in the disposition of complex business disputes.
Tracee has built a reputation for delivering results both in and out of court using precise business-oriented legal analysis and in finding creative and practical solutions swiftly, efficiently, and always with a mindful eye on costs. Tracee’s ability to provide clients with consistent results stems from two unique experiences: first, she spent many years as an attorney in one of the busiest complex commercial courts in the country, Manhattan’s Commercial Division, handling as almost a special master or the equivalent of a magistrate judge, the most challenging, complex, and oftentimes cyclical disputes financial and other markets regularly face. Second, she stays engaged in the development of commercial law and courtroom procedures through her leadership roles in the bar association.
Tracee is a founding member of New York State’s Commercial Division Advisory Council, a group that proposes rules to promote cost-efficient litigation in New York’s commercial courts. She is a member of New York Institute of Technology’s Women’s Technology Council. She served as the chair of the 2,000-member Commercial and Federal Litigation Section of the New York State Bar Association, a group which laid much of the ground work in establishing New York’s Commercial Division, one of the first commercial courts in the country. She served as a commissioner on the New York State Ethics Commission for the Unified Court System, and she served as chair the 150-year old Judiciary Committee of the New York City Bar Association, which reviews the qualifications of all elected or appointed federal, state, and local judges sitting in the City of New York. She is also a member of the national Association of Defense Trial Attorneys (ADTA).
Tracee is a frequent speaker on commercial litigation, emerging technology-related issues, including AI and GenAI, and equity and inclusion in the law. Tracee is the New York Office Co-Chair of Seyfarth’s national Diversity in Action Team and Co-Chair of Seyfarth’s ESG-Impact Group’s Sub-Committee on Corporate Governance. She is creator and host of The Financial Law Forum podcast, which focuses on the intersection between the financial industry, law, and equal access to opportunities. She co-authored the influential report, If Not Now, When: Achieving Equality for Women Attorneys in the Courtroom and in ADR. Richard Lewis, New York State Bar Association president, said of Tracee’s work: “In boardrooms and courtrooms, she exerts her influence as a powerful litigator and role model to encourage more women and attorneys of color to be part of the next generation of attorneys.”
In 2023, Tracee received the Hon. Shira A. Scheindlin Award for Excellence in the Courtroom.
Tracee counsels C-suites and board directors on corporate governance matters, including fiduciary duties, litigation risk avoidance and strategic development, alignment, and design implementation of privacy, cybersecurity, and ESG policies and practices.
In addition, Tracee serves as a private commercial arbitrator/mediator, through SSAM Alternative Dispute Resolution LLC, combining her extensive legal knowledge with her goal of providing business clients with practical, cost-efficient legal solutions. Courts routinely appoint Tracee to serve as a Court-Appointed Receiver, Referee, and Special Master to facilitate the liquidation of assets and enforcement of court orders in the disposition of complex business disputes.
Tracee has built a reputation for delivering results both in and out of court using precise business-oriented legal analysis and in finding creative and practical solutions swiftly, efficiently, and always with a mindful eye on costs. Tracee’s ability to provide clients with consistent results stems from two unique experiences: first, she spent many years as an attorney in one of the busiest complex commercial courts in the country, Manhattan’s Commercial Division, handling as almost a special master or the equivalent of a magistrate judge, the most challenging, complex, and oftentimes cyclical disputes financial and other markets regularly face. Second, she stays engaged in the development of commercial law and courtroom procedures through her leadership roles in the bar association.
Tracee is a founding member of New York State’s Commercial Division Advisory Council, a group that proposes rules to promote cost-efficient litigation in New York’s commercial courts. She is a member of New York Institute of Technology’s Women’s Technology Council. She served as the chair of the 2,000-member Commercial and Federal Litigation Section of the New York State Bar Association, a group which laid much of the ground work in establishing New York’s Commercial Division, one of the first commercial courts in the country. She served as a commissioner on the New York State Ethics Commission for the Unified Court System, and she served as chair the 150-year old Judiciary Committee of the New York City Bar Association, which reviews the qualifications of all elected or appointed federal, state, and local judges sitting in the City of New York. She is also a member of the national Association of Defense Trial Attorneys (ADTA).
Tracee is a frequent speaker on commercial litigation, emerging technology-related issues, including AI and GenAI, and equity and inclusion in the law. Tracee is the New York Office Co-Chair of Seyfarth’s national Diversity in Action Team and Co-Chair of Seyfarth’s ESG-Impact Group’s Sub-Committee on Corporate Governance. She is creator and host of The Financial Law Forum podcast, which focuses on the intersection between the financial industry, law, and equal access to opportunities. She co-authored the influential report, If Not Now, When: Achieving Equality for Women Attorneys in the Courtroom and in ADR. Richard Lewis, New York State Bar Association president, said of Tracee’s work: “In boardrooms and courtrooms, she exerts her influence as a powerful litigator and role model to encourage more women and attorneys of color to be part of the next generation of attorneys.”
In 2023, Tracee received the Hon. Shira A. Scheindlin Award for Excellence in the Courtroom.
- JD, American University, Washington College of Law
- BA, Montclair State University
- New Jersey
- New York
- US Court of Appeals, Second Circuit
- US District Court, Eastern District of New York
- US District Court, Southern District of New York
Related Services
Related Key Industries
- Defended Fortune 50 company in high-profile jury trial in public accommodation discrimination action. Represented and resolved other actions and Division of Human Rights charges of public accommodations discrimination resulting in favorable dismissal on behalf of client.
- Defended Fortune 500 diversified outsourcing services provider in multiple litigations for breach of fiduciary duty and breach of services agreement involving Employee Retention Tax Credits filings and payments.
- Counsel digital pharmaceuticals software provider in dispute with pharmaceuticals co-collaborator over data sharing, privacy and public disclosure terms of licensing and collaboration agreement.
- Defended numerous Fortune 50 financial institutions in evidentiary hearings and pre-trial proceedings, winning dismissal or favorable resolution of a complex commercial financing letter of credit action, mishandling suspicious activities in commercial account and a variety of consumer financing class actions alleging FDCPA, FCRA, TILA, RESPA and New York GBL fraud violations brought in New York State and Federal Courts.
- Defended a Fortune 200 global real estate brokerage client, in several matters including one winning summary judgment dismissal of claims involving commercial torts, breach of fiduciary duty, and breach of contract claims brought in New York State Court, Commercial Division.
- Represented New York state insurance agency in settling damages action against a large insurance claims adjuster for mismanagement of insurance claim and breach of contract.
- Represented a former condominium complex developer/owner, winning summary judgment dismissal of a complex action brought by the condominium association to recover for outstanding tax certificates.
- Represented LLC members and partners in litigation and arbitration of matters involving separation and dissolution of businesses, including winning sanctions in the form of attorneys' fees.
- Represented a Fortune 100 global insurance company in commencing SDNY litigation in recovery of superfund clean-up costs under $10 million financial guarantee bond.
- Counseled New York state insurance agency in disclaiming $10 million director and officer's excess coverage claim, while adverse finding on summary judgment in coverage dispute on underlying layer of coverage was litigated and reversed on appeal.
- Counseled financial services provider, public university, start-ups and e-learning companies on comprehensive privacy and information security policies both (internal and public). privacy assessments and data flow mapping.
- Routinely appointed as a Court-Approved Fiduciary to act as receiver, special discovery master or special referee to oversee and ensure enforcement and compliance with court orders issued in various types of commercial partition, business dissolutions and commercial and residential real estate actions.
Related Trends
Related News & Insights
-
Speaking Engagement
Nov 7, 2024
Tracee Davis to Speak on “Judicial Reforms that Advance Diversity and Representation” at SOMOS INC. Puerto Rico Conference
-
Podcast
Mar 27, 2024
The Financial Law Forum – Executive Compensation and ESG: How Compensation Might Be Tied to ESG Metrics
-
Speaking Engagement
Mar 14, 2024
Tracee Davis and Grayson Moronta to Speak on Coalition of Women's Initiatives in Law Panel on the State of DE&I in Law Firms and Companies
-
Attorney Publication
01/05/2024
Tracee Davis Writes on Assigning Tech-Related Disputes to the Commercial Division in the New York Law Journal
- The Honorable Shira Scheindlin Award for Excellence in the Courtroom (2023)
- Named to City & State New York’s "Law Power 100" List (2021-2022)
- Recognized as a recommended attorney for cyber law (including data privacy and data protection) by The Legal 500 (Legalese Ltd.) (2020)
- New York State Commercial Division Advisory Council, 2013-present
- New York Institute of Technology’s Women’s Technology Council. 2019 – present.
- New York State Ethics Commission for New York's Unified Court System, commissioner, 2017-2020
- New York State Bar Association, Commercial and Federal Litigation Section (Chair, 2012-2013; Subcommittee member on Artificial Intelligence; Committee on Federal Legislative Priorities, 2012-2017; Executive Committee, 2001-present; co-chair, Smooth Moves 'Career Strategies' for Attorneys for Attorneys of Color, 2005-present; Committee on Technology and Legal Profession, 2016-2021)
- Association of the Bar of the City of New York, Committee on the Judiciary, Chair (2020-2023); New York City Bar Fund board of directors, 2018-present)
- Boardsuited, E-Learning Lecturer on Board Directors’ fiduciary duties, 2018-present
- National Association of Women Judges (midyear conference co-chair; CLE presenter, Implications of AI and Automated Decision Making, 2018)
- Author, "Technology-Related Commercial Disputes Should Be Assigned to the Commercial Division," New York Law Journal (January 5, 2023)
- Co-Author, "United States: SEC Proposes Sweeping New Cybersecurity Rules: Is Your Company Prepared?," mondaq (April 25, 2023)
- Co-Author, "SEC Proposes Sweeping New Cybersecurity Rules: Is Your Company Prepared?," Legal Update, Seyfarth Shaw LLP (April 10, 2023)
- Co-Author, "SEC Continues ESG Push With Proposed Investment Disclosure and Fund Name Requirements," Legal Update, Seyfarth Shaw LLP (May 31, 2022)
- Co-Author, "Overview of ESG Issues and Checklist in Preparing Disclosures for Insurance Companies," Bloomberg Law Industry (May 2022)
- Co-Author, "Overview of ESG Issues and Checklist in Preparing Disclosures for Security and Commodity Exchanges," Bloomberg Law Industry (April 2022)
- Co-Author, "Overview of ESG Issues and Checklist in Preparing Disclosures for Consumer Finance Companies," Bloomberg Law Industry (April 2022)
- Co-Author, "Overview of ESG Issues and Checklist in Preparing Disclosures for Mortgage Finance Companies," Bloomberg Law Industry (April 2022)
- Co-Author, "How Fund Industry Can Prepare For SEC's Cyber Proposal," Law360 (March 4, 2022)
- Co-Author, "New York City Law Seeks to Curb Artificial Intelligence Bias in Hiring," Legal Update, Seyfarth Shaw LLP (December 20, 2021)
- Co-Author, "SEC’s Approval Inches NASDAQ Closer to Implementing Board Diversity Listing Requirements," Legal Update, Seyfarth Shaw LLP (August 10, 2021)
- Co-Author, "Fintechs' culture must evolve as the sector matures," PaymentsSource (February 12, 2021)
- Co-Author, "New York’s Disclosure Law and Other Laws and Regulatory Mandates Regarding Women on Corporate Boards," Legal Update, Seyfarth Shaw LLP (January 21, 2021)
- Co-Author, "SEC Modernizes Decades-Old Investor Marketing Rules to Address Evolution of Markets and Technology," Legal Update, Seyfarth Shaw LLP (December 28, 2020)
- Co-Author, "In a Win for FinTech, New FDIC Rule Clarifies Industrial Bank Application Process," Legal Update, Seyfarth Shaw LLP (December 21, 2020)
- Co-Author, "New York State Court Compels Remote Depositions," Legal Update, Seyfarth Shaw LLP (June 24, 2020)
- Co-Author, "FTC Consumer Protection Director Provides Guidance on Use of Artificial Intelligence in Automated Decision-Making," Consumer Class Defense Blog, Seyfarth Shaw LLP (May 7, 2020)
- Co-Author, "COVID-19’s Potential Effect on Lender Liability," Legal Update, Seyfarth Shaw LLP (April 15, 2020)
- Co-Author, "COVID-19: New York Courts Begin to Resume Hearing Non-Essential Matters—Remotely," Legal Update, Seyfarth Shaw LLP (April 9, 2020)
- Co-Author, "COVID-19: New York Courts Go Virtual," Legal Update, Seyfarth Shaw LLP (April 3, 2020)
- Co-Author, "COVID-19: Business Courts’ Response to the Crisis," Legal Update, Seyfarth Shaw LLP (March 24, 2020)
- Co-Author, "SEC Commissioner Peirce Proposes Three Year 'Safe Harbor' For Tokens," Legal Update, Seyfarth Shaw LLP (February 11, 2020)
- Co-Author, "FTC Touts Refined Approach to Data Security Enforcement," Legal Update, Seyfarth Shaw LLP (January 13, 2020)
- Co-Author, "FTC Rules Political Ad Marketing Firm Cambridge Analytica Deceived Facebook Users," Legal Update, Seyfarth Shaw LLP (December 19, 2019)
- Co-Author, "FTC Report Underscores the Importance of Crafting Effective Settlement Notices," Consumer Class Defense Blog, Seyfarth Shaw LLP (November 8, 2019)
- Co-Author, "Federal Banking Regulators Sign Off on Volcker Rule 2.0," Legal Update, Seyfarth Shaw LLP (October 15, 2019)
- Co-Author, "If Not Now, When: Achieving Equality for Women Attorneys in the Courtroom and in ADR," Report adopted by the American Bar Association and the New York State Bar Association.
- Contributor, "Task Force on Commercial Litigation in the 21st Century," Report adopted by Chief Judge of the State of New York.
- Co-Speaker, “The Financial Law Forum – Executive Compensation and ESG: How Compensation Might Be Tied to ESG Metrics,” Podcast, Seyfarth Shaw LLP (March 27, 2024)
- Speaker, "Executive Compensation and ESG: How Compensation Might Be Tied to ESG Metrics," The Financial Law Forum, Podcast (March 27, 2024)
- Presenter, "What is ESG and Why Does It Matter?," 2023 National Summit of Black Women Lawyers (March 31, 2023)
- Presenter, "What Counsel Looks for in Selecting Arbitrators and Mediators," New York State Bar Association (January 18, 2023)
- Mediator, "What is the Essence of Commercial Mediation?," SSAM Commercial Mediation (November 2022)
-
Presenter, "Technology’s Impact on Diversity, Equity, and Inclusion in the Legal Profession," Practising Law Institute (March 14, 2022)
- Co-Creator and Host, The Financial Law Forum Podcast: Episode 7 - Conversation with Jeffrey M. Winn: A Book Review of "The 1619 Project: A New Origin Story," Seyfarth Shaw LLP (February 28, 2022)
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Co-Creator and Host, The Financial Law Forum Podcast: Episode 6 - Advancing and Investing in DEI: Where Do We Go From Here?, Seyfarth Shaw LLP (February 18, 2022)
- Speaker, "Panasonic’s ESG Program: What is it? Where Do We Stand? Where Do We Go? How Do We as a Team Help Get There?," ESG at Panasonic’s Legal and Compliance Conference (February 8, 2022)
- Co-Presenter, "Evolution of FinTech and AI and the Resulting Impact on Lending," Webinar, Seyfarth Shaw LLP (October 28, 2021)
- Co-Presenter, "Cross-Functional Teams: Going Beyond Technical to A Comprehensive Approach to Cyber Resilience," Webinar, Seyfarth Shaw LLP (September 15, 2021)
- Co-Presenter, "Cybersecurity and Data Privacy Threats and Fiduciary Duties Confronting the Financial Services Industry: A Look at Risk Mitigation Strategies," Webinar presented by Seyfarth Shaw LLP and Mazars (September 14, 2021)
- Co-Creator and Host, The Financial Law Forum Podcast: Episode 5: Advancing Financial Equality: How Small and Minority Owned Businesses Can Access New Capital through CDFIs and MDIs, Seyfarth Shaw LLP (June 8, 2021)
- Co-Creator and Host, The Financial Law Forum Podcast: Episode 4: Advancing Financial Equality: Congressional Appropriation of Billions to Small Financial Institutions Can Narrow the Wealth Gap, Seyfarth Shaw LLP (June 8, 2021)
- Speaker, "The CARES Act: Modifications to FCRA Duties," Webinar, Seyfarth Shaw LLP (May 27, 2021)
- Guest Lecturer, "Auditor’s Liability in Financial Fraud," New York Institute of Technology (May 2021)
- Speaker, "ESG: Broadening the Lens on Risks, Returns and Opportunities," GSBA Substantive Law Series Webinar, sponsored by the Garden State Bar Association and the Association of Coporate Counsel (April 28, 2021)
- Co-Creator and Host, The Financial Law Forum Podcast: Episode 3: Perspective from the Boardroom: Information Risk Management, ESG and Artificial Intelligence with Agnes Bundy Scanlan, Seyfarth Shaw LLP (April 19, 2021)
- Co-Creator and Host, The Financial Law Forum Podcast: Episode 2: A Fireside Chat with Elisa Luque, EVP & Head of Global Wealth Management for Guaranty Bank & Trust, Seyfarth Shaw LLP (March 24, 2021)
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Co-Creator and Host, The Financial Law Forum Podcast: Episode 1: A Conversation with Afiya M. Jordan, JPMorgan Chase, Seyfarth Shaw LLP (March 22, 2021)
- Presenter, "Cybersecurity & Data Privacy Forum: Spotlight in Leadership & Diversity," sponsored by the Garden State Bar Association, JPMorgan Chase, and hosted by the ACC-NJ (March 15, 2021)
- Speaker, "Cybersecurity in Supply Chain Management," ACC Foundation Cybersecurity Summit (March 2-4, 2021)
- Presenter, "Diversity in the Corporate Boardroom, Courts and the Legal Profession," co-hosted by New York County Lawyers Association and NYCLA's Center for Corporate Governance (January 29, 2021)
- Presenter, "Compliance, Ethics, and Diversity in Third Party Risk Management," Webinar Panel hosted by Prevalent (January 28, 2021)
- Speaker, "ESG – How Do You Measure It?," ESG Panel at KORIED’s Plan Sponsor Virtual Educational Institute (January 20, 2021)
- Co-Presenter, Association of National Advertisers' Brand Activation Legal Committee meeting (December 17, 2020)
- Co-Presenter, "A Fresh Look at FinTech: 2020 Trends, Regulations, and Disruptions," Webinar, Seyfarth Shaw LLP (December 9, 2020)
- Co-Presenter, "Corporate and Plan Fiduciary Duty: Addressing COVID-19 Liability Risk," Webinar, Seyfarth Shaw LLP (June 18, 2020)
- Co-Presenter, "Corporate Fiduciary Duty and Liability In a Tech Driven World - Solutions and Preventions to Mitigate Damages," Breakfast Briefing, Seyfarth Shaw LLP, New York, NY (March 12, 2020)
- Panelist, "Big Data and Privacy Concerns," The Master's Conference (July 2019)
- Speaker, New York County Lawyers Association on Diversity, New York, NY (May 16, 2019)
- Panelist, "Diversity in the Legal Profession: Law, Departments, Courts, Firms," New York County Lawyers Association (May 2019)
- Presenter, "Technology and the Law," City University School of Law (February 2019)
- Co-Chair and Panelist, "AI Learns: AI, Data Privacy and Cybersecurity," The Advancement Initiative (February 2019)
- Panelist, "New Technologies: What Lawyers Need to Know!," New York State Bar Association (September 2018)
- Chair and Moderator, "Big Data, US Data Privacy Laws, and the EU General Data Protection Regulation," Webinar on Artificial Intelligence and Data Privacy/Protection (May 2018)
- Panelist, "Judges’ Pet Peeves 2017: Tips from the Bench on Trial Practice," Practicing Law Institute (October 2017)
- Presenter, "Information Governance Strategies and Holistic Management of Your Key Corporate Asset," Women Leaders: Lawyers Learning the Business of Business ASCENT 2017 (May 2017)
- Panelist, "Commercial Litigation Academy: Injunctions and Orders to Show Causes," New York State Bar Association (May 2017)
- Panelist, "Law and Disruptive Technologies," National Asian Pacific American Bar Association’s Northeast Regional Conference (August 2016)
- Panelist, "Recent Developments in Class Action Litigation," New York City Bar Association (June 2016)
- Presenter, "Information Governance, Privacy and Cybersecurity," ASCENT 2016 Leadership Workshop (May 2016)
- Panelist, "The Use of Technology in Court," New York State Bar Association (May 2015)
- Panelist, "Current Issues in State Court Class Action Litigation," New York City Bar Association (May 2015)
- Lecturer, "Court-Annexed Mediation and Facilitative Case Management in Specialized Business Courts," Royal Academy of Judicial Professionals in Cambodia (February 2013)
- Presenter, "Annual Civil Trial Practice Institute," New York County Lawyers Association (2003-present)
- Featured, “Proposed Amendment Would Assign Technology-Related Disputes to Commercial Division,” New York Law Journal, (Monday, December 11, 2023)
- Quoted, "Driving ESG: It's More Than Legal Advice," Corporate Counsel (June 25, 2021)
- Quoted, "More Judges Are Demanding Diversity Among Class Counsel," Law360 (July 16, 2020)
- New York City Marathon, 2017 (raised more than $3,500 for Autism Speaks) and 2019
- LINC Literacy Inc., board member and corporate governance chair, 2007-2012
- Ramapo-Bergen Animal Refuge volunteer