Tracy K.Stratford

Partner

Cleveland + 1.216.586.7288

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Tracy Stratford has 20 years' experience in litigating disputes for clients in the health care, manufacturing, automotive, mortgage lending, insurance, and telecommunications industries in state and federal courts. She has defended class actions and coordinated mass litigation involving multiple and single plaintiff cases across several jurisdictions. Tracy also has represented debtors and creditors in bankruptcy litigation.

Tracy has tried cases to verdict in federal and state courts, obtaining one of the largest jury verdicts ever awarded against an accounting firm; and she has tried cases in proceedings before administrative bodies, including a several week merit hearing in the Ohio Board of Tax Appeals that resulted in a complete victory for the client. Tracy has argued appeals in the federal and state courts.

Experience

  • KeyBank obtains dismissal of class action involving agent fees related to PPP loansJones Day successfully represented KeyBank in obtaining dismissal of a putative class action seeking payment of agent fees associated with Paycheck Protection Program ("PPP") loans.
  • FirstEnergy's subsidiary will emerge from bankruptcy and separate from parentJones Day represented FirstEnergy Corp. and its non-debtor affiliates (FirstEnergy) in connection with the chapter 11 cases commenced on March 31, 2018, by its subsidiary First Energy Solutions, Inc. and certain of its other unregulated subsidiaries in the Northern District of Ohio, which are some of the largest chapter 11 cases to be filed in Ohio in recent memory.
  • R.J. Reynolds successfully defends dismissal of unfair trade practices suit in Fifth Circuit appealOn July 10, 2019, the Fifth Circuit unanimously ruled in favor of Jones Day client R.J. Reynolds Tobacco Company (RJRT), affirming the district court's dismissal of a suit brought by Caldwell Wholesale Company, L.L.C. (Caldwell).
  • M&G debtors confirm chapter 11 plan of liquidation and close sale of Corpus Christi plant for $1 billionOn December 17, 2018, the United States Bankruptcy Court for the District of Delaware entered an order confirming the Third Amended Plan of Liquidation (the "Plan") of Jones Day client M&G USA Corporation and eight of its affiliates (the "M&G Debtors"), which prior to the chapter 11 filing, were, along with their affiliates in Mexico, Brazil and Europe, one of the largest producers of polyethylene terephthalate resin – used for packaging applications – in the world. On December 28, 2018, after receiving antitrust approval, the M&G Debtors closed the sale of their partially constructed manufacturing facility in Corpus Christi, Texas, (the "Corpus Christi Plant") with a deal value in excess of $1 billion.
  • Weltman wins complete defense verdict in litigation brought by Consumer Financial Protection BureauJones Day client Weltman, Weinberg & Reis Co., LPA ("Weltman") secured a complete defense verdict in litigation brought by the Consumer Financial Protection Bureau ("CFPB").
  • Cable company wins favorable U.S. Supreme Court ruling denying plaintiff’s "sham litigation" appealThe U.S. Supreme Court on April 23, 2018, denied the request of a Puerto Rican telecommunications company to hear the appeal of its claims against Jones Day client San Juan Cable, a subsidiary of Liberty Global (the world's largest international TV and broadband company), bringing an end to the long-running antitrust case. 
  • FirstEnergy defends coal contract dispute with Tunnel RidgeJones Day defended FirstEnergy Corp. in a now-resolved and dismissed lawsuit brought by Tunnel Ridge, LLC in the Court of Common Pleas for Allegheny County, Pennsylvania against FirstEnergy Corp. and three of its subsidiaries, alleging breach of a coal supply agreement, among other claims.
  • FirstEnergy raises $1.616 billion in private placement of Convertible Preferred StockJones Day represented FirstEnergy Corp., a diversified energy holding company, in connection with its issuance of $1.616 billion of Series A Convertible Preferred Stock in a private placement to affiliates of Elliott Management Corporation, Bluescape, and GIC.
  • FirstEnergy raises $850 million in private placement of Common StockJones Day represented FirstEnergy Corp., a diversified energy holding company, in connection with its issuance of $850 million of Common Stock in a private placement to funds affiliated with Zimmer Partners, LP.
  • Goodyear prevails in long-running dealer termination disputeJones Day obtained the dismissal of a long-running lawsuit filed by a California distributor challenging The Goodyear Tire & Rubber Company's termination of its dealer contracts as breaches of contracts, tortious interference, and violations of California unfair competition and federal antitrust law.
  • Molycorp emerges from bankruptcy as Neo Performance MaterialsJones Day advised Molycorp, Inc. in the bankruptcy buyout of the company by Oaktree Capital Management, L.P.
  • Liberty Global defends antitrust class action brought by cable services subscribersJones Day is defending Liberty Global, Inc. subsidiary Liberty Cablevision of Puerto Rico in an antitrust lawsuit in which the plaintiff alleges monopolization and exclusionary conduct in a claimed market for cable television services in Puerto Rico.
  • Diebold obtains dismissal of breach of contract claimJones Day client Diebold, Incorporated obtained dismissal of an $11 million breach of contract claim filed by Webster Bank N.A. involving a subcontractor who was convicted of fraud and the theft of millions of dollars from several banks.
  • Cleveland Clinic prevails in challenge to its real estate tax exemptionJones Day represented the Cleveland Clinic in cases challenging the Cleveland Clinic's status as a charitable institution.
  • National mortgage lender wins motion to dismiss fraud and illegal loan claims under West Virginia lawJones Day represented a national mortgage lender and successfully argued that two West Virginia borrowers' fraud and illegal loan claims against the lender were time-barred, notwithstanding the plaintiffs' arguments for a longer limitations period.
  • American Greetings resolves putative class action over life insurance policiesJones Day client American Greetings Corporation resolved a putative class action complaint brought by plaintiffs alleging that American Greetings misused employee information by purchasing life insurance policies on its employees, and then wrongfully collecting policy benefits.
  • Cleveland Clinic secures Sixth Circuit victory in lawsuit brought by City of Cleveland challenging hospital closureThe Cleveland Clinic Foundation, represented by Jones Day, prevailed in a challenge by the City of Cleveland and Mayor Frank Jackson to the Cleveland Clinic's decision to close Huron Hospital, a hospital located in the City of East Cleveland, for safety and patient concerns.
  • FGIC reinsures certain public finance financial guaranty policiesJones Day represented FGIC Corporation, owner of Financial Guaranty Insurance Company (FGIC), in an action for injunctive relief filed by GE Funding Holdings, Inc. (GE), a preferred shareholder of FGIC.
  • Financial Guaranty Insurance Company completes reinsurance transaction with MBIA InsuranceJones Day advised Financial Guaranty Insurance Company (FGIC), a leading national mono-line financial guaranty assurance company, in a transaction in which MBIA Insurance Corporation (MBIA), a subsidiary of MBIA Inc. and another leading national mono-line financial guaranty assurance company, reinsured FGIC's risk under financial guaranty policies covering $166 billion in par of public finance obligations.
  • Vermont Insurance Commissioner as receiver of Ambassador Insurance wins U.S. Court of Appeals affirmance of $119.9 million jury verdict and $182.9 million judgment for auditing malpractice against PricewaterhouseCoopersOn September 9, 2008, the United States Court of Appeals for the Third Circuit in Philadelphia affirmed a $119.9 million jury verdict and $182.9 million judgment entered in 2005 by a New Jersey federal trial court against the accounting firm PricewaterhouseCoopers, LLP ("PwC") on behalf of Jones Day client Vermont Insurance Commissioner.
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    August 2010 Jones Day Publications

    More Than Just Financial Reform: Analysis and Observations on the Dodd-Frank Wall Street Reform and Consumer Protection Act

    March 2010 Commentaries

    Provena Covenant Medical Center v. Department of Revenue: Illinois Supreme Court Suggests New, Narrow Tests for Charity Care

    Spring 2009 Jones Day Publications

    Identifying and Minimizing Preference and Fraudulent Conveyance Risk From Insurer Insolvencies in CDOs, Practice Perspectives: Insurance Liability & Recovery

    March 2009 Commentaries

    Thabault v. Chait: Completing the Third Circuit's Deepening Insolvency Trilogy

    Speaking Engagements

    • October 20, 2014
      Developing Trends in Real Estate Tax Exemption, American Health Lawyers Association, Tax Issues for Health Care Organizations
    • January 2014
      Advising Nonprofit Providers: What All Health Care Lawyers Need to Know about Tax, Part IV: State and Local Tax-Exemption Issues, American Health Lawyers Association
    • April 2012
      Ohio Real Estate Tax Exemption Applications for Non-Profit Hospitals, Ohio Hospital Association
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