Tracy L. Gerber is a Shareholder in the firm's Palm Beach County offices where she is a member of the firm's National Securities Litigation practice group as well as the National Labor and Employment practice group. Tracy represents major broker-dealers in FINRA arbitrations, regulatory proceedings, and state and federal courts. As lead counsel in the defense of financial services firms, she has litigated numerous sales practice and employment cases involving millions of dollars in controversy. Tracy also serves as the Administrative Shareholder of the firm's Palm Beach North office.
In the sales practice arena, Tracy has specific experience litigating product related controversies, pension fund consultant cases, failure to hedge matters, mass-claimant actions and fiduciary claims involving managed accounts. She has represented senior executives and registered representatives in numerous expungement proceedings.
Tracy's employment practice includes the defense of claims by employees alleging federal and state statutory discrimination, wrongful termination, retaliation, defamation, and sexual harassment. She has also litigated on behalf of employers who seek to protect proprietary information and enforce promissory notes and non-compete agreements. Tracy has specific experience litigating employment disputes arising out of internal investigations and regulatory investigations. Tracy regularly counsels companies on various employment issues.
Tracy developed the firm's national arbitrator database, which contains background information and awards history for more than 3,500 arbitrators throughout the United States. She has broad experience in arbitrator selection strategy and causal challenges of arbitrators, having consulted in the selection strategy for more than 1,000 arbitration panels. Tracy serves as an arbitrator for the Financial Industry Regulatory Authority, and is a frequent speaker on the subject of securities arbitration.
Areas of Concentration
· Employment litigation and arbitration
· Securities litigation and arbitration
Professional & Community Involvement
· Member, Palm Beach County Bar Association
· Emeritus Member, American Inn of Court, Palm Beach County Chapter
· Member, Florida Association for Women Lawyers, Palm Beach County Chapter
Awards & Recognition
· Listed, The Best Lawyers in America, Litigation - Securities, 2014
· Listed, Super Lawyers magazine, Florida Super Lawyers, 2012-2013
· Team Member, Law360 "Employment Practice Group of the Year," 2011
· Rated, AV Preeminent® 5.0 out of 5
Publications & Presentations
Articles, Lectures & Publications
· Speaker, "A Mock Securities Arbitration; As Close As You Want To Get," 60th Annual Securities Industry Institute, The Wharton School, March 2012
· Speaker, "Arbitration Practitioners Workshop - Trying an Arbitration in the Current Environment; Strategies & Practice Tips from the Front Lines," SIFMA Compliance & Legal Society Annual Seminar, Phoenix, Arizona, March 2011
· Speaker, "A Mock Securities Arbitration; As Close As You Want To Get," 59th Annual Securities Industry Institute, The Wharton School, March 2011
· "FINRA Arbitration In The Modern Era: A Defense Practitioner's Perspective," The Review of Securities & Commodities Regulation (Vol. 44, No.14), August 2011
(Also at Boca Raton Office)