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Tracy Cole

Partner

New York
T +1.212.589.4228
F +1.212.589.4201
tcole@bakerlaw.com
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Overview

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.

Select Experience

  • 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.

  • Successfully 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.

  • 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.

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Experience

  • 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.

  • Successfully 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.

  • 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.

  • 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 successfully defended before the Second Circuit.

Recognitions and Memberships

Recognitions

  • The Best Lawyers in America© (2018 to present)
    • New York: Litigation – Labor & Employment
  • New York "Super Lawyer" (2013 to 2017)

Memberships

  • Society of Corporate Compliance & Ethics
  • American Bar Association
  • New York City Bar Association

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Prior Positions

  • New York County District Attorney's Office: Assistant District Attorney, Career Criminal Program
    • Prosecuted schemes to defraud, grand larcenies, credit card fraud and identity theft, and large-scale employee thefts from financial institutions and other businesses.
    • Prosecuted a wide-ranging complex immigration scheme to defraud more than 100 victims.
    • Prosecuted attempted murders, robberies, assaults, burglaries, narcotics and other felony offenses, including a pattern of commercial burglaries in midtown Manhattan; a pattern of gun- and knife-point robberies of deliverymen; and an attempted shooting outside the Empire State Building.
  • Columbia Law School: Adjunct Legal Writing Instructor
  • Law Clerk to the Honorable David M. Ebel of the United States Court of Appeals for the Tenth Circuit

Admissions

  • 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
  • New York, 1996

Education

  • J.D., Columbia University School of Law, 1995, Kent Scholar
  • B.A., Columbia University, Columbia College, 1990, magna cum laude; Phi Beta Kappa

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