Tracy Cole

In connection with the Bernard L. Madoff Investment Securities LLC (BLMIS) Liquidation Trusteeship and Counsel, leads teams representing the Securities Investor Protection Act trustee in multi-jurisdictional proceedings, including obtaining settlement that returned more than $230 million to the BLMIS estate.

With white collar and subject matter attorneys, conducted and resolved internal investigation into whistleblower complaint by long-term employee into alleged violations of industry statutes and regulations.

Conducted a sensitive internal investigation for a large beverage wholesaler. A long-time, senior employee had stolen millions of dollars from the company and falsely claimed that his misconduct had been for the company's benefit. Working with an outside accounting firm, the team quickly determined the extent of the theft, debunked all allegations against the company and replaced company leadership, while protecting the company's reputation and customer relationships. The prompt and targeted action resulted in separation and repayment agreements from the relevant employees without disruption to the business.

Conducted sensitive internal investigation into complaint against legal department of international company without adverse publicity or business disruption.

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.

With a partner from the White Collar and Corporate Investigations team, investigated claims by employees of a global financial services company of gender and age discrimination within the legal department. The team quickly reviewed thousands of documents and interviewed dozens of employees to present conclusions to the board, allowing for prompt resolution of the matter without public disclosure.

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.

Obtained dismissal of a complaint alleging unfair competition under New York state law. In the motion to dismiss, focused on the gamesmanship by the plaintiff, who, unhappy with the case's original settlement in a Texas court, had attempted to manufacture diversity of citizenship to get the case transferred to federal court in New York.

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 defended before the Second Circuit.