David Tracey

David Tracey
David Tracey
New York Partner

(646) 402-5667

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David Tracey is Co-Chair of the Firm’s Public Interest Litigation Practice Group and a Partner in the New York office who works primarily on discrimination and wage and hour cases. He received his law degree from NYU Law School in 2013.

I am so grateful to have had David Sanford, David Tracey, Kate MacMullin and Alex Johnson fight for me. They never once wavered in believing in my case and helped me not only settlement wise, but also in sending the long-coming message to my firm that their mistreatment of women was no longer tolerated, nor will we stay quiet any longer. The team clearly demonstrated their expertise in employment discrimination law throughout my case. I felt that they always had my best interests at hand. They were very professional but also very good, patient listeners. And just overall good, genuine people. I used to blame myself for what happened, but now I have clarity and closure about the reality of the situation and can confidently move forward with my life and my future endeavors. A Former Client

David Sanford, David Tracey, Kate MacMullin and Alex Johnson provided me with endless support and careful guidance through one of the most challenging chapters of my career. After experiencing discrimination in the workplace, I felt helpless and afraid. The team at Sanford Heisler Sharp spoke with me for months to develop trust and share the information I needed to make a decision regarding legal representation. During this time, I never felt pressured to rush to an answer as my own interests and goals were always put first by the team.

Sanford Heisler Sharp gave me the courage to stand up for myself, and I feel extremely fortunate to have been represented by such sincere, talented and hardworking individuals. Thanks to the team, I have moved on to the next phase of my career with renewed confidence, inspiration and passion. I highly recommend Sanford Heisler Sharp to anyone navigating a similarly difficult situation. I'm so glad I went forward with the support of this group! A Former Client

David Tracey is a Partner in the New York office of Sanford Heisler Sharp, LLP, a national law firm with offices in the District of Columbia, New York, California, Tennessee, and Maryland, and a Co-Chair of the firm’s Public Interest Litigation Practice Group. He received his J.D. magna cum laude from New York University School of Law, where he was awarded membership in the Order of the Coif. He received his B.A. magna cum laude from Yale University.

Mr. Tracey represents employees in individual and class actions involving discrimination, wage and hour violations, employee benefits, and civil rights.

Mr. Tracey has represented numerous clients with discrimination claims in federal and state courts and administrative agencies. Among other matters, he served as counsel in discrimination cases against  Forest Laboratories and Zara USA, Inc.  

Among his cases protecting workers’ rights, Mr. Tracey is currently counsel in Julian et al., v. Metropolitan Life Insurance Company, representing insurance claim specialists in their claims for unpaid overtime compensation. He also represents workers in class action litigation against their employers for mismanaging retirement plans. His retirement plan cases include cases against Eaton Vance, The Home Depot, and Walgreens

Mr. Tracey has also represented students and student organizations challenging discriminatory practices. He currently serves as counsel to Yale undergraduates who are challenging the all-male admission practices of Yale’s fraternities. He was also co-author of an amicus brief Sanford Heisler Sharp filed on behalf of student organizations in Obergefell v. Hodges

In addition to his litigation practice, Mr. Tracey frequently negotiates severance packages and settlement agreements for employees with claims of discrimination and retaliation. He has represented clients who work in a wide range of positions across a variety of industries, including finance, academia, advertising, medicine, and insurance.

Prior to joining Sanford Heisler Sharp, LLP, Mr. Tracey clerked for the Honorable Garland E. Burrell Jr., Senior Judge for the United States District Court, Eastern District of California.

Prior to his career in law, Mr. Tracey was a community organizer in New York City. As an organizer, he worked with community members on projects concerning tenants’ rights, environmental health, and gun control.

Education

  • J.D., New York University School of Law, 2013, magna cum laude
  • B.A., Yale University, 2008, magna cum laude

Clinics

  • New York University Racial Justice Clinic

Clerkship

  • Honorable Garland E. Burrell Jr., Senior Judge in the United States District Court for the Eastern District of California

Bar Admissions

  • New York
  • New Jersey

Court Admissions

  • U.S. Court of Appeals for the Second Circuit
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the District of New Jersey

Merck Gender Pay, Promotion and Pregnancy Discrimination Class Action

This gender discrimination class action against pharmaceutical giant Merck & Co., Inc. was originally filed by Plaintiff Kelli Smith in May 2013 in the U.S. District Court for the District of New Jersey. In January 2014, four additional class representatives from around the country joined the suit as plaintiffs alleging pay, promotion and pregnancy discrimination against the company.

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Starion Energy Consumer Fraud Class Action

Sanford Heisler Sharp filed a $50 million nationwide class action complaint alleging that Connecticut-based Starion Energy perpetrates an illegal bait-and-switch scheme that has deceived and defrauded thousands of energy consumers out of millions of dollars. The suit is filed the U.S. District Court for the Southern District of New York.

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MetLife Overtime Pay Violation Class Action

The lawsuit seeks unpaid overtime wages for Claim Specialists who worked on long term disability insurance claims (“LTD Claim Specialists”) for MetLife and two of its subsidiaries, Metropolitan Life Insurance Company and MetLife Insurance Company USA.

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Yale University Gender Discrimination Class Action

According to the complaint, the three student plaintiffs were groped at fraternity parties in their first semesters at Yale. The student plaintiffs know of other female students who experienced similar sexual harassment and assault during and after fraternity parties and at the hands of fraternity brothers.

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Walgreens ERISA Class Action

The complaint alleges Walgreens failed to remove from its employee retirement plan a suite of ten target retirement date funds that have underperformed their investment benchmarks.

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Transamerica ERISA Class Action

The complaint alleges the company invests employees’ retirement savings in multiple funds that consistently underperform their investment benchmarks and other similar collective investment funds.

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Home Depot ERISA Class Action

According to the complaint, Home Depot has selected multiple poorly-performing funds for its 401(k) plan, allowed investment advisers to charge its employees unreasonable fees, and turned a blind eye to a kickback scheme between an investment adviser and the plan’s recordkeeper.

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General Electric ERISA Class Action

The Complaint asserts that GE and the Plan violated the Federal Employee Retirement Security Act (ERISA) by breaching their fiduciary duties and engaging in prohibited transactions and unlawful self-dealing detrimental to the three named plaintiffs individually and as representatives of a class.

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Ian Jack Miller v. Zara USA, Inc. et al.

In 2015, Sanford Heisler Sharp, LLP filed a $40 million lawsuit against Zara USA, Inc., the flagship brand for the largest fashion retailer in the world, Inditex Group. The lawsuit alleges that Zara discriminated against and then fired its in-house counsel, Ian Jack Miller, because he is Jewish, American, and gay. The case seeks damages for creating a hostile work environment, pay discrimination, and unlawful and retaliatory termination based on Mr. Miller’s nationality, religion, and sexual orientation.

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Investigation Into CBS’ Corporate Culture

Sanford Heisler Sharp, LLP is looking to speak with CBS shareholders and employees as part of an investigation into the Company’s corporate culture and governance.

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Forest Laboratories Gender Discrimination Class Action – $4 Million Settlement

In July 2012, Sanford Heisler Sharp, LLP filed a $100 million class action lawsuit against Forest Laboratories, Inc., and Forest Pharmaceuticals, Inc. (“Forest”) in federal court in New York, alleging, among other claims, that Forest discriminates against its female Sales Representatives by paying them less than their male counterparts. The Plaintiffs also allege claims of failure to promote, discrimination based on pregnancy and maternity leave, sexual harassment, and retaliation. In 2014, the Court denied Forest’s attempt to dismiss the Plaintiffs’ claims, and in 2015 the Court conditionally certified a class under the Equal Pay Act (EPA).

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