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.
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.
Madden v. Midland Funding, LLC: Solicitor General Recommends Against Certiorari but Explains Flaws in the Second Circuit's Controversial Decision
Madden 2016: U.S. Supreme Court Calls for the Views of the Solicitor General in Case with Significant Implications for the Consumer Debt Market
Seventh Circuit Approves Removal to Federal Court of Asbestos Exposure Suit Against Federal Government Contractor
- 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
- 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
- Duke University (J.D. summa cum laude 1997; Order of the Coif and Willis Smith Award for highest grade point average); University of Washington (M.A. in Economics 1994); The University of Texas (B.A. with high honors 1991; Phi Beta Kappa)
- Massachusetts; New York; District of Columbia; U.S. Supreme Court; U.S. Courts of Appeals for the Second, Third, Fifth, Seventh, Ninth, and Tenth Circuits; and U.S. District Courts for the Southern, Eastern, and Northern Districts of New York
- Assistant to the Solicitor General, U.S. Department of Justice (2004-2005)
Advisory Committee on the Federal Rules of Evidence (October 2016) — appointed by Chief Justice Roberts to a three-year term
Massachusetts Super Lawyers (2016-2018)
Massachusetts Lawyers Weekly (2015) — Top Women of Law
BTI Consulting Group "Client Service All-Star" (2019)
The Legal 500 (2013) — recognized in the litigation section for product liability and mass tort defense in the automotive/transport and toxic tort areas
- Law Clerk to: Justice Sandra Day O'Connor, U.S. Supreme Court (1998 Term) and Judge Ralph K. Winter, U.S. Court of Appeals, Second Circuit (1997-1998)