Tracy V.Schaffer

Partner

New York + 1.212.326.3427

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Tracy Schaffer is an unflappable and experienced litigator who represents financial institutions and other companies in complex commercial disputes. She advocates for her clients in U.S. federal and state courts and various arbitration forums. Tracy has litigated and counseled clients in a variety of disputes including matters arising out of alleged breaches of purchase and sale agreements, license agreements, employment contracts, and construction contracts; securities transactions; antitrust violations; and business torts.

In the last several years, a primary focus of her practice also has been on defending large financial institutions in commercial and antitrust litigation, including class actions, relating to financial products such a residential mortgage-backed securities, credit default swaps (CDS), and interest rate swaps (IRS). In 2017, Tracy succeeded in obtaining summary judgment and full dismissal of all claims for a leading asset manager in an earn out dispute. She also has represented companies in enforcement proceedings and investigations by the Commodity Futures Trading Commission, Securities and Exchange Commission, and New York Stock Exchange. In addition, Tracy has taken on many pro bono representations throughout her career, with a focus on immigration and family law matters, as well as child abduction cases under the Hague Convention.

Tracy currently serves as the Litigation Assignment Partner in New York and as a practice mentor for associates.

Experience

  • Wells Fargo obtains denial of class certification in RMBS trustee litigation alleging hundreds of millions of dollars in lossesJones Day represents Wells Fargo Bank, N.A., in a putative class action alleging hundreds of millions of dollars in classwide losses to investors on notes issued by two residential mortgage backed securities (RMBS) trusts for which Wells Fargo serves as trustee.
  • Deutsche Bank defends lawsuit alleging boycott against CDS exchangeJones Day is defending Deutsche Bank AG, New York Branch in litigation brought by Tera Group, Inc., a swap execution facility (SEF) operator, which alleges that the defendants boycotted it to prevent it from gaining traction as an exchange for credit default swap (CDS) exchanges.
  • Deutsche Bank resolves class action lawsuit over allegations of conspiracy to stifle competition in CDS marketJones Day client Deutsche Bank AG, New York achieved a settlement agreement in an antitrust class action brought by an Ohio union pension plan claiming that Deutsche Bank and other bank defendants conspired to prevent the development of credit default swap ("CDS") exchange trading and CDS futures products in an effort to stifle competition in the CDS market, in turn allegedly raising fund managers' costs.
  • Jones Day attorneys successfully represent U.S. Air Force servicemember wrongfully named in child support suitD.W., a Senior Airman in the U.S. Air Force, received a summons from the New York Department of Social Services ("DSS") to appear at a child support hearing in New York County (Manhattan) Family Court.
  • Jones Day attorneys secure return of child to mother in Dominican Republic pursuant to the Hague Convention on the Civil Aspects of International Child AbductionFive-year-old E.M.H.B (the "Child") was returned to his mother in the Dominican Republic on January 17, 2014 after being wrongfully retained by his father in Perth Amboy, New Jersey since January 3, 2013.
  • Trial victory reunites father and abducted daughterJones Day New York Partner Tracy Schaffer and Associate Vanessa Nadal successfully obtained the return of a father's 12-year old daughter to the Dominican Republic under the Hague Convention in a child abduction case brought in the Middle District of Pennsylvania.
  • Leading Central American glass production group seeks counsel in ICC arbitrationJones Day advised a leading Central American glass production group in an ICC arbitration over a contractual dispute concerning glass supply.
  • Client wins summary judgment in action involving disputed distribution proceedsJones Day won summary judgment on behalf of its client in an interpleader action filed in New York State Supreme Court.
  • NACCO resolves claims against Harbinger hedge fundsIn 2006, Applica Incorporated terminated its merger agreement with Jones Day client NACCO Industries, Inc. in favor of a competing offer from the Harbinger hedge funds.
  • Lehman Brothers Holdings seeks recovery of undisclosed asset value transferred in bankruptcy sale of broker dealerJones Day represents Lehman Brothers Holdings Inc. in an action to recover assets transferred to Barclays Capital Inc. when Barclays purchased the Lehman broker dealer business shortly after Lehman's bankruptcy filing in September 2008.
  • Royal Bank of Scotland successfully defeated motion by Fifth Third Bank to enjoin drawing down on $103 million letter of creditJones Day represented The Royal Bank of Scotland plc ("RBS") in successfully defeating motion by Fifth Third Bank to preliminarily enjoin RBS from drawing down on a $103 million letter of credit.
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    April 2, 2009 External Publications

    Madoff Scandal Spotlights the Securities Investor Protection Corp.

    December 11, 2008 External Publications

    Release of 'Red Book' a Move Toward SEC Transparency, Law.com

    May 27, 2008 External Publications

    The SEC's Role in Pursuing Secondary Actors Following 'Stoneridge,' American Lawyer Media's Law.Com

    January 10, 2008 External Publications

    Tripled FOIA Requests Put SEC to the Test, American Lawyer Media's Law.Com

    July 23, 2007 External Publications

    Punitive Relief Is An Open Question In SEC Case, Securities Law360

    April 2007 External Publications

    The SEC's Continuing Struggle With Stale Claims, American Lawyer Media's Law.com
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