Traci L.Lovitt

Partner

(T) 1.212.326.7830

Traci Lovitt is accomplished in analyzing, briefing, and arguing complex legal questions in a variety of areas and has argued before the United States Supreme Court, as well as numerous federal appellate and state courts. She has authored briefs raising significant issues for every level of the federal and state judiciaries.

Traci is currently leading the motions team for Wells Fargo Bank, National Association, as trustee, in lawsuits filed by institutional investors relating to residential mortgage-backed securities trusts. She regularly advises clients in connection with contract disputes and nuisance claims involving residential mortgage-backed securities. In addition, Traci leads appellate and motions teams in major litigation across a wide range of subjects. Her representations include acting as lead appellate counsel for Cabot Corporation in a transactional-related contract dispute and for Harman International in a securities action, leading motions teams for IBM in an environmental case and for Yamaha in product liability cases, and representing ExxonMobil in its appeal of the first MTBE case tried in the federal MDL proceeding.

Traci has been appointed by the Chief Justice of the U.S. Supreme Court to serve on the Advisory Committee on Evidence Rules, which advises the Supreme Court on possible amendments to the Federal Rules of Evidence, beginning in October 2016. She also serves on the Advisory Board of the Isabella Stewart Gardner Museum, the board of directors of Greater Boston Legal Services, and the board of directors of the New England Legal Foundation.

Experience

  • Wells Fargo defends derivative and putative class action claims alleging wrongdoing with respect to 282 residential mortgage-backed securities trustsJones Day is defending Wells Fargo Bank, National Association in four derivative and putative class action lawsuits filed by institutional investors in 282 residential mortgage-backed securities trusts.
  • Harman International Industries defends securities class actionJones Day represents Harman International Industries, Incorporated and certain of its officers and directors in a securities fraud class action lawsuit pending in the District of Columbia.
  • GlobalFoundries wins complete victory on summary judgment and motion to exclude expertsJones Day won a complete victory on behalf of GlobalFoundries U.S., Inc. on its motions for summary judgment and to exclude plaintiff's experts regarding personal injury claims arising from an alleged exposure to chemicals in the workplace.
  • Cabot appeals dispute over asset transfer agreementJones Day represents Cabot Corporation in an appeal involving the interpretation of a liability retention provision in an asset transfer agreement.
  • IBM resolves claims related to alleged exposure to toxic emissionsJones Day client International Business Machines Corporation (IBM) resolved numerous claims brought by hundreds of current and former residents of Endicott, NY alleging personal injuries, diminution in property values, and other damages related to alleged vapor intrusion and historic air emissions in the area from IBM's former manufacturing facility.
  • Fourth Circuit overturns district court, allowing victim of trafficking to pursue civil remedies against defendant diplomatsAppellant Cristina Fernandez Cruz came to the United States from the Philippines to work for World Bank employees as a nanny, full of hope that she would be able to provide a better life for er elderly parents and chronically ill daughter.
  • Marathon Petroleum acquires Hess Retail for $2.82 billionJones Day advised Marathon Petroleum in the acquisition of Hess Corporation's gasoline stations and retail business for a total of $2.82 billion, expanding its footprint to 23 states from nine.
  • Yamaha prevails in Georgia Supreme Court after certiorari is denied and Yamaha's reversal of adverse jury verdict standsOn April 24, 2012, the Georgia Supreme Court denied the plaintiff's petition for certiorari and let stand the Georgia Court of Appeals' unanimous decision reversing a jury verdict against Yamaha Motor Co. in a products liability suit involving the Rhino, an off road vehicle, and directing the trial court to enter judgment in Yamaha's favor.
  • Pro bono client successfully challenges Bureau of Prisons' classification of his offenses as crimes of violenceOn July 12, 2011, the U.S. Court of Appeals for the Sixth Circuit decided Evans v. Zych, granting a complete victory for Jones Day pro bono client Michael Evans, who is currently serving a sentence for the possession and transfer of unlicensed firearms.
  • Alderwoods defeats class certification in nationwide off-the-clock caseJones Day defeated the plaintiffs' effort to obtain class certification of nationwide and California classes in an off-the-clock wage and hour action against Alderwoods Group, Inc., a subsidiary of Service Corporation International, Inc.
  • Chevron wins Ninth Circuit affirmance of jury verdict in highly publicized Nigerian human rights caseOn September 10, 2010, the United States Court of Appeals for the Ninth Circuit affirmed the jury verdict in favor of Jones Day client Chevron Corporation and two of its subsidiaries in a highly publicized Alien Tort Statute case.
  • Yamaha successfully defends nationwide litigation of product liability cases and claims involving the Rhino side-by-side ("SxS") vehicleJones Day leads Yamaha's defense of Rhino cases and claims pending in the United States.
  • IBM defends against putative nationwide age discrimination class action arising out of reductions-in-forceJones Day represented International Business Machines Corporation ("IBM") in a putative collective action brought by 12 former IBM employees alleging discrimination under the Age Discrimination in Employment Act on behalf of upwards of 15,000 former employees over the age of 40 who were terminated in conjunction with reductions in force between 2001-2005.
  • Sherwin-Williams prevails in landmark public nuisance suit over lead pigment before Rhode Island Supreme CourtThe Rhode Island Supreme Court overturned a jury verdict against Jones Day client, The Sherwin-Williams Company, and other former lead pigment manufacturers, stating that the trial court should have dismissed the public nuisance claim at the outset.
  • IBM files amicus curiae brief in patent exhaustion caseJones Day filed an amicus curiae brief with the U.S. Supreme Court on behalf of IBM involving the patent exhaustion doctrine.
  • R.J. Reynolds appeals rulings in smoking and health case to Florida appellate court and U.S. Supreme CourtIn this smoking-and-health case, Jones Day secured a defense verdict for R.J. Reynolds at trial on all of the plaintiffs' claims except the claim for design defect strict liability, for which the plaintiff-smoker was awarded only $165,000 and the plaintiff-spouse recovered nothing.
  • Nextel and Sprint combine in $46.5 billion merger-of-equalsJones Day advised Nextel Communications, Inc. in its $46.5 billion merger with Sprint Corporation and provided securities law advice to the client.
  • Chevron wins antitrust clearance for its acquisition of UnocalJones Day represented Chevron Corporation in connection with its $16 billion acquisition of Unocal.
  • IBM successfully appeals environmental contamination rulingJones Day represented International Business Machines Corporation (IBM) in the successful appeal of an environmental contamination ruling involving land around a property formerly leased by IBM from South Road Associates (SRA).
  • GM dissolves alliance with FiatJones Day advised General Motors Corporation as U.S. counsel in connection with dissolving the strategic alliance with Fiat SpA.
  • The following represents experience prior to joining Jones Day.

    United States Department of Justice

    Rompilla v. Beard, 125 S.Ct. 2456 (2005)
    Argued before the U.S. Supreme Court as amicus curiae in death penalty case.

    Ballard v. Commissioner 125 S.Ct. 1270 (2005)
    U.S. Supreme Court briefing in due process challenge to U.S. Tax Court rules.

    United States v. Gingerich, 119 Fed.Appx. 728 (6th Cir. 2005)
    Successfully argued appeal in criminal drug case.

    Diamond Plating Co. v. United States, 390 F.3d 1035 (7th Cir. 2004)
    Successfully argued tax refund and penalty case.

    Additional Publications

    • August 2000Determining Whether to Disclose Uncharged Conduct in SEC Filings: A Three-Step Process, 7 Bus. Crimes Bull.
    • 1996Reluctant Experts, 59-Sum Law & Contemp. Probs. 51
    • 1996State Law of Contract Formation in the Shadow of the Federal Arbitration Act, 46 Duke L.J. 651
    • 1996Remedy Holes & Bottomless Rights: A Critique of the Intent-to-Use System of Trademark Registration, 59-Spg Law & Contemp. Probs. 159

    Speaking Engagements

    • November 9, 2016
      Jones Day Global Life Sciences Conference – 2016 Issues & Trends
    • October 19, 2016
      Litigation Considerations in Drafting Contracts
    • May 25, 2016
      A Conversation on the U.S. Supreme Court, Boston Bar Association
    • May 9, 2016
      The Untimely Death of Justice Scalia: His Legacy and the Potential Impact of his Passing on Business Cases at the Supreme Court, New England Legal Foundation
    • October 6, 2015
      Understanding Your Firm's Business: The Perks & Pitfalls of Partnership Boston Bar Association
    • February 10, 2015
      Oral Argument: In re Harman International Industries, Inc. Securities Litigation (Case No. 14-7017)
    • November 5, 2014
      Ambition: The Fuel for Your Career Engine (or Why Talent Isn't Enough), Women in Law Empowerment Forum
    • October 23, 2013
      The Supreme Court Speaks: Key Business Cases From Last Term, New England Legal Foundation
    • September 17, 2013
      Protecting the Record on Appeal, ExxonMobil Litigation Retreat
    • April 2, 2013
      Remembering Justice Marshall
    • November 2012, 2011, 2010
      Writing for Litigators, Jones Day New Lawyers Group Annual Meeting
    • October 21, 2012
      This Week in Boston: Legal Industry in Boston, NECN-TV
    • April 13, 2011
      Supreme Court Practice: An Insider's View, BIO IP Counsels Committee Conference
    • October 3, 2010
      Justice, First Monday in October Argument, New York Office of the Appellate Defender
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