People: Tracee E. Davis, Partner

Tracee E. Davis

Partner

New York
Direct: (212) 218-3322
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Tracee E. Davis is a partner in the Commercial Ligation Practice Group in the New York office of Seyfarth Shaw LLP. Ms. Davis represents business clients in a wide variety of complex business disputes in New York and New Jersey state and federal courts and in arbitration.  Focused on emerging risk of litigation, Ms. Davis is a certified information privacy professional (CIPP/US) servicing mid-market and institutional clients in performing internal risk and compliance assessments, developing comprehensive privacy programs, conducting third-party vendor audits and devising corporate governance protocols.

Among her notable accomplishments, Ms. Davis has:

  • Successfully defended numerous financial institutions, winning dismissal of a complex letter of credit action 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.
  • Successfully defended a prominent global real estate brokerage client, in several matters including one winning summary judgment dismissal of claims involving commercial tort, breach of fiduciary duty and breach of contract claims brought in New York State Court, Commercial Division.
  • Successfully represented the New York State Liquidation Bureau in settling damages action against a large insurance claims adjuster for mismanagement of insurance claim and breach of contract.
  • Successfully 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.
  • Successfully 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 global insurance company in commencing S.D.N.Y. litigation in recovery of superfund clean-up costs under $10 million financial guarantee bond.
  • Counseled New York State Liquidation Bureau 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.
  • Represented a leading ATM service provider in a derivative action seeking the dissolution of a long-standing conglomerate of business relationships.
  • Prepared comprehensive privacy and information security policies both (internal and public) for a start-up e-learning company and conduct comprehensive privacy assessments, including data flow mapping.

As an effective business litigator with a unique and highly specialized knowledge of the judicial process, Ms. Davis acts as a consultant to local and out of state attorneys actively engaged in litigation in New York State Courts.

Prior to joining Seyfarth Shaw, Ms. Davis was a partner at another international law firm, and Principal Court Attorney to Justice Charles Edward Ramos of the New York State Supreme Court, Commercial Division in Manhattan. During her five years as Principal Court Attorney, she assisted in managing the disposition of more than 400 complex commercial cases. She also was an Adjunct Professor of Law at New York Law School. Before that, Ms. Davis served as a Senior Court Attorney in the Law Department of the New York State Supreme Court, Civil Term in Manhattan.

She currently serves as one of five appointed Commissioners of the New York State Ethics Commission for the Unified Court System. She is a member of the New York State Court’s Commercial Division Advisory Council; the New York State Bar Association’s Committee on Technology in the Law and the New York City Bar Association’s Committee on the Judiciary. She also serves on the board of directors of the Association of the Bar of the City of New York Fund, Inc.

Previously, Ms. Davis chaired the highly distinguished 2,300 lawyer Commercial and Federal Litigation Section of the New York State Bar Association. Based upon her tested leadership skills, she was twice selected to act as Panel Administrator of the New York County Democratic Committee’s Independent Judicial Screening Panel (Civil Court 2004 and Supreme Court 2013) in reviewing candidates for countywide judicial vacancies.

As part of her service on the Commercial Division Advisory Council, Ms. Davis was a principal author of the New York Commercial Division rules on accelerated adjudication procedures; proportionality in discovery; and immediate trials and evidentiary hearings.

Tracee E. Davis is a partner in the Commercial Ligation Practice Group in the New York office of Seyfarth Shaw LLP. Ms. Davis represents business clients in a wide variety of complex business disputes in New York and New Jersey state and federal courts and in arbitration.  Focused on emerging risk of litigation, Ms. Davis is a certified information privacy professional (CIPP/US) servicing mid-market and institutional clients in performing internal risk and compliance assessments, developing comprehensive privacy programs, conducting third-party vendor audits and devising corporate governance protocols.

Among her notable accomplishments, Ms. Davis has:

  • Successfully defended numerous financial institutions, winning dismissal of a complex letter of credit action 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.
  • Successfully defended a prominent global real estate brokerage client, in several matters including one winning summary judgment dismissal of claims involving commercial tort, breach of fiduciary duty and breach of contract claims brought in New York State Court, Commercial Division.
  • Successfully represented the New York State Liquidation Bureau in settling damages action against a large insurance claims adjuster for mismanagement of insurance claim and breach of contract.
  • Successfully 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.
  • Successfully 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 global insurance company in commencing S.D.N.Y. litigation in recovery of superfund clean-up costs under $10 million financial guarantee bond.
  • Counseled New York State Liquidation Bureau 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.
  • Represented a leading ATM service provider in a derivative action seeking the dissolution of a long-standing conglomerate of business relationships.
  • Prepared comprehensive privacy and information security policies both (internal and public) for a start-up e-learning company and conduct comprehensive privacy assessments, including data flow mapping.

As an effective business litigator with a unique and highly specialized knowledge of the judicial process, Ms. Davis acts as a consultant to local and out of state attorneys actively engaged in litigation in New York State Courts.

Prior to joining Seyfarth Shaw, Ms. Davis was a partner at another international law firm, and Principal Court Attorney to Justice Charles Edward Ramos of the New York State Supreme Court, Commercial Division in Manhattan. During her five years as Principal Court Attorney, she assisted in managing the disposition of more than 400 complex commercial cases. She also was an Adjunct Professor of Law at New York Law School. Before that, Ms. Davis served as a Senior Court Attorney in the Law Department of the New York State Supreme Court, Civil Term in Manhattan.

She currently serves as one of five appointed Commissioners of the New York State Ethics Commission for the Unified Court System. She is a member of the New York State Court’s Commercial Division Advisory Council; the New York State Bar Association’s Committee on Technology in the Law and the New York City Bar Association’s Committee on the Judiciary. She also serves on the board of directors of the Association of the Bar of the City of New York Fund, Inc.

Previously, Ms. Davis chaired the highly distinguished 2,300 lawyer Commercial and Federal Litigation Section of the New York State Bar Association. Based upon her tested leadership skills, she was twice selected to act as Panel Administrator of the New York County Democratic Committee’s Independent Judicial Screening Panel (Civil Court 2004 and Supreme Court 2013) in reviewing candidates for countywide judicial vacancies.

As part of her service on the Commercial Division Advisory Council, Ms. Davis was a principal author of the New York Commercial Division rules on accelerated adjudication procedures; proportionality in discovery; and immediate trials and evidentiary hearings.

Education

  • J.D., The American University, Washington College of Law

  • University of San Diego Oxford Institute on International and Comparative Law

  • B.A., Montclair State College

Admissions

  • New York
  • New Jersey

Courts

  • New York State Supreme Court
  • New Jersey State Superior Courts
  • U.S. Court of Appeals
  • U.S. Court of Appeals for the Second Circuit
  • U.S. District Court for the Southern and Eastern Districts of New York

Affiliations

  • New York State Commercial Division Advisory Council - Member (2013-Present)
  • New York State Ethics Commission for New York’s Unified Court System - Commissioner (2017-Present)
  • New York State Bar Association; Commercial and Federal Litigation Section - Chair (2012-2013), Executive Committee Member (2001-Present), and co-author of the Report, "If Not Now, When? Achieving Equality for Women Attorneys in the Courtroom and in ADR.” Co-Chair, Smooth Moves ‘Career Strategies’ for Attorneys for Attorneys of Color (2005-Present). Committee on Federal Legislative Priorities (2012-2017)
  • New York State Bar Association; Committee on Technology and Legal Profession - Member (2016-Present); Subcommittee on Artificial Intelligence - Member
  • Association of the City Bar of City of New York - NYC Bar Fund - Board of Directors (2018-Present) and Judiciary Committee (2017-Present)
  • National Association of Women Judges - Mid-Year Conference Co-Chair and CLE Presenter (April 2018)

Representative Engagements

  • Lead partner in representation of two major U.S. banks in companion statewide class actions, one in E.D.N.Y and another pending in New York State Supreme Court, Kings County in defense of banks’ practices in processing restraining notices allegedly in violation of New York’s Exempt Income Protection Act (NY CPLR Art. 52).
  • Lead counsel in representation of a major U.S. bank in action alleging wrongful dishonor of $45 million letter of credit litigation commenced in New York State Supreme Court, New York County, Commercial Division.
  • Lead defense counsel in various statewide consumer class actions against financial institutions alleging violations of Real Estate Settlement Procedures Act, Truth in Lending Act, Fair Debt Collection Practice Act, Fair Credit Reporting Act and New York General Business Law 349 and 350.
  • Lead counsel in a pro bono representation of former covert employee of U.S. Central Intelligence Agency before the Equal Employment Opportunity Commission in a race/religion-based employment discrimination action in deployment assignments.
  • Lead counsel in representation of condominium real estate developer in New Jersey Superior Court, Middlesex County, in defending quite title action due to tax liens.
  • Lead counsel in representation of the New York State Liquidation Bureau acting on behalf of a defunct insurer in commencing negligence/breach of servicing contract action in New York State Supreme Court, New York County against a large claims adjuster for mismanagement of insurance claim.
  • Representation of a global real estate brokerage firm in New York State Supreme Court, New York County in defending tortious interference claim in a breach of commercial lease action.
  • Representation of a large insurance company in commencing reinsurance claim in S.D.N.Y. to recover superfund clean-up costs under $10 million financial guarantee bond.
  • Counsel to New York State Liquidation Bureau (acting on behalf of Reliance Insurance) in handling $10 million excess director & officer’s coverage claim under a policy in litigation on underlying layers of coverage.
  • Litigation consultant to trial counsel for minority shareholders’ plaintiff’s attorney in derivative action against corporate raider over purchase of company’s net operating losses.
  • Court Appointed Discovery Master in credit default swap breach of contract action in New York State Supreme Court, New York County, Commercial Division and presided over expert witness deposition.
  • Court Appointed Referee in mortgage foreclosure action in New York State Supreme Court, New York County. Conducted hearing and draft report determining applicability of civil and criminal usury laws and statute of limitation in establishing amount due.
  • Court Appointed Receiver in matrimonial action in New York State Supreme Court, New York County to manage and sell 28 distressed residential multiple dwellings held by 16 corporate entities.
  • Prepare comprehensive privacy and information security policies (both internal and public) for a startup technology company and conduct comprehensive privacy assessments, including data flow mapping, and development and implementation of information security and records management policies and procedures. Advise on compliance obligations arising under CalOppa, COPPA, the GDPR and state data breach laws.
  • Review of privacy policy, conducted internal risk assessments and data flow mapping and handled implementation of privacy program for an e-learning service provider.

Presentations

  • 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)
  • Presenter, “Annual Civil Trial Practice Institute,” New York County Lawyers Association (2003-present)
  • Co-Chair and Panelist “AI Learns: AI, Data Privacy and Cybersecurity,” The Advancement Initiative (February 2019)
  • Panelist, “Commercial Litigation Academy: Injunctions and Orders to Show Causes,” New York State Bar Association (May 2017)
  • Panelist, “Diversity in the Legal Profession: Law, Departments, Courts, Firms,” New York County Lawyers Association (May 2019)
  • Panelist, “New Technologies: What Lawyers Need to Know!,” New York State Bar Association (September 2018)
  • Panelist, “Law and Disruptive Technologies,” National Asian Pacific American Bar Association’s Northeast Regional Conference (August 2016)
  • Panelist, “Judges’ Pet Peeves 2017: Tips from the Bench on Trial Practice,” Practicing Law Institute (October 2017)
  • 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)
  • Panelist, “Recent Developments in Class Action Litigation,” New York City Bar Association (June 2016)
  • Presenter, “Technology and the Law,” City University School of Law (February 2019)
  • Presenter, “Information Governance, Privacy and Cybersecurity,” ASCENT 2016 Leadership Workshop  (May 2016)
  • 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, “The Use of Technology in Court,” New York State Bar Association (May 2015)

Publications

  • 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