Overview
Tracy is a creative and results-driven problem-solver, renowned for crafting tailored strategies that effectively address her clients’ diverse legal challenges. As an experienced litigator with a versatile generalist practice, Tracy leverages her broad expertise to navigate complex legal issues across various domains. She has successfully handled matters related to general commercial litigation, contract and tort disputes, securities law, banking law, intellectual property, internal and government investigations, art law, deal litigation, blockchain and cryptocurrency, and insurance law, among others.
Tracy represents a wide array of clients, including financial institutions, corporations, non-profit organizations, and individuals, offering insightful counsel and proactive solutions. Her extensive experience spans all stages and venues for litigation, from trial courts to appellate proceedings, as well as alternative dispute resolution methods such as arbitration and mediation.
With a proven track record of achieving favorable outcomes, Tracy is committed to securing the best possible results for her clients—whether through trial victories, strategic settlements, or innovative solutions that minimize the need for prolonged litigation.
Prior to co-founding Nagy Wolfe Appleton LLP, Tracy was a partner at Dontzin Nagy & Fleissig LLP. Before that, Tracy worked in the litigation department of Wachtell, Lipton, Rosen & Katz. She served as a law clerk to the Honorable Debra Ann Livingston, US Court of Appeals, Second Circuit.
Representative Matters
- Tracy successfully defended a large financial institution in a federal case brought by investor litigants claiming tens of millions in damages for the alleged mishandling of their investments. Arguing before both the Magistrate Judge and District Court Judge, Tracy secured a complete victory on summary judgment, resulting in the dismissal of all claims raised against her client.
- In a FINRA action against her broker client based on the alleged sale of unsuitable investments, the Panel granted Tracy’s motion to dismiss, ruled in her favor on each of the multiple independent grounds raised in her motion.
- Tracy was retained as counsel by a large financial institution just months before trial in a multibillion-dollar case in New York state court, which had been litigated for nearly a decade by another firm. The matter was settled favorably two weeks into a four-week trial.
- In a lawsuit brought against her art gallery client and a prominent appropriation artist, claiming millions of dollars in damages due to alleged copyright infringement, Tracy secured a favorable settlement for her client on the eve of trial, after winning a motion for partial summary judgment in which the federal court agreed to cap damages at no more than $21,600.
- In a multinational dispute, Tracy successfully represented a large art gallery accused of bad faith and malfeasance in an artwork sale. After bringing an affirmative action in the most legally advantageous venue, Tracy obtained a highly favorable settlement, allowing the client to retain the artwork at issue.
- In a case alleging fraud against a blockchain company based in Switzerland, Tracy successfully argued before the New York Supreme Court and obtained a dismissal of the action on forum non conveniens grounds.
- In a dispute concerning the ownership of a blockchain company, Tracy obtained a favorable resolution of the matter on the eve of a merits hearing, which included a substantial payment of cryptocurrency to her client.
- Tracy has handled a number of employment-related disputes, helping her clients achieve successful resolutions often before or shortly after the commencement of litigation. Some of these cases were resolved based on decisive evidence that Tracy was able to uncover.
- Successfully defended clients in investigations by various financial and consumer protection agencies, as well as criminal investigations.
- Tracy has also successfully conducted internal investigations that assisted her clients in responding to issues arising in their day-to-day business operations.
- In a matter involving alleged premises and supervisory negligence in connection with a workplace injury, Tracy and her team obtained dismissals for multiple clients on grounds including failure to state a claim and improper service.
- Tracy successfully defended a large financial institution in a federal case brought by investor litigants claiming tens of millions in damages for the alleged mishandling of their investments. Arguing before both the Magistrate Judge and District Court Judge, Tracy secured a complete victory on summary judgment, resulting in the dismissal of all claims raised against her client.
- In a FINRA action against her broker client based on the alleged sale of unsuitable investments, the Panel granted Tracy’s motion to dismiss, ruled in her favor on each of the multiple independent grounds raised in her motion.
- Tracy was retained as counsel by a large financial institution just months before trial in a multibillion-dollar case in New York state court, which had been litigated for nearly a decade by another firm. The matter was settled favorably two weeks into a four-week trial.
- In a lawsuit brought against her art gallery client and a prominent appropriation artist, claiming millions of dollars in damages due to alleged copyright infringement, Tracy secured a favorable settlement for her client on the eve of trial, after winning a motion for partial summary judgment in which the federal court agreed to cap damages at no more than $21,600.
- In a multinational dispute, Tracy successfully represented a large art gallery accused of bad faith and malfeasance in an artwork sale. After bringing an affirmative action in the most legally advantageous venue, Tracy obtained a highly favorable settlement, allowing the client to retain the artwork at issue.
- In a case alleging fraud against a blockchain company based in Switzerland, Tracy successfully argued before the New York Supreme Court and obtained a dismissal of the action on forum non conveniens grounds.
- In a dispute concerning the ownership of a blockchain company, Tracy obtained a favorable resolution of the matter on the eve of a merits hearing, which included a substantial payment of cryptocurrency to her client.
- Tracy has handled a number of employment-related disputes, helping her clients achieve successful resolutions often before or shortly after the commencement of litigation. Some of these cases were resolved based on decisive evidence that Tracy was able to uncover.
- Successfully defended clients in investigations by various financial and consumer protection agencies, as well as criminal investigations.
- Tracy has also successfully conducted internal investigations that assisted her clients in responding to issues arising in their day-to-day business operations.
- In a matter involving alleged premises and supervisory negligence in connection with a workplace injury, Tracy and her team obtained dismissals for multiple clients on grounds including failure to state a claim and improper service.
- Tracy was a member of the trial team that obtained an eight-figure judgment for the plaintiff in an arbitration of contract-based claims. The arbitrator also fully rejected counterclaims brought by the opposing party.
- Representing a client who received third-party subpoenas seeking evidence for a separate patent-related litigation, Tracy successfully fought the subpoenas in California and Texas federal courts, ultimately obtaining a judicial ruling that protected her client’s sensitive documents from discovery.
- Tracy worked with a team that appealed a multimillion-dollar dispute involving a Rothko painting in federal appellate court, which unanimously reversed the trial court’s decision and entered judgment in favor of the clients.
- In a Delaware deals litigation concerning an alleged material adverse event allowing the termination of an acquisition, the matter was successfully resolved after motion practice and Tracy’s argument before the Delaware Chancery Court.
- Tracy was lead counsel in a real estate negligence case that resulted in favorable settlements for her plaintiff client.
- In a dispute over the true ownership of a Picasso work, Tracy achieved a highly favorable negotiated result for her art gallery client and its buyer.
- In an adverse proceeding, Tracy represented the bankruptcy estate of a client who was deprived of millions in fees after finding investors for a successful startup. The case was settled favorably after document discovery was completed.
- Tracy represented a financial entity that had invested in a payment processing startup against charges of fraud and breach of contract. She negotiated a highly favorable settlement after submitting a hard-hitting motion to dismiss before the Georgia court overseeing the dispute.
- In an international case concerning the ownership of the artist’s copyrighted work, Tracy defended both an art gallery and an artist foundation against a preliminary injunction motion, allowing an exhibition of the artist’s work to proceed. Tracy’s clients also prevailed in parallel proceedings before the highest court in Austria.
- Tracy successfully defended a blockchain company against allegations of securities law violations in connection with cryptocurrency offerings. The case was dismissed after a motion to dismiss was filed.
- Tracy worked on an appellate team that successfully defended the dismissal of her hedge fund client from a $13 billion RICO suit.
- Tracy successfully defended a major motion picture company in judicial and arbitral disputes related to copyright and employment-based claims.
- Tracy represented a major bank in an $8.5 billion RMBS settlement, successfully defending the matter against large groups of objectors.
- Represented a large investment bank in its successful litigation (culminating in a complete trial win) against plaintiffs who alleged the bank acted improperly in advising on their software company’s acquisition.
- Representing the owner of mall properties in a trial arising from a mortgage dispute, Tracy and her team won a directed verdict for her client.
- Tracy also dedicates her time to pro bono matters. For example, in one case her client successfully obtained asylum, and Tracy ensured the client’s release from detention while the government pursued an appeal, which was ultimately dismissed in her client’s favor.
Admissions
New York State
U.S. Court of Appeals for the First Circuit
U.S. Court of Appeals for the Second Circuit
Southern District of New York
Eastern District of New York
Prior Associations
Partner, Dontzin Nagy & Fleissig LLP
Associate, Wachtell, Lipton, Rosen & Katz
Clerkships
Law Clerk for the Hon. Debra A. Livingston, U.S. Court of Appeals for the Second Circuit
Education
Columbia University School of Law, J.D.
Yale University, B.A., with honors