Tracey Salmon-Smith, a trusted adviser and pragmatic problem solver, assists clients with commercial and business disputes, employment litigation, securities law, and internal investigations. As a former Assistant United States Attorney (AUSA) who also spent several years as in-house counsel for global financial services firm UBS, Tracey knows firsthand the pressures and challenges her clients face from an internal perspective. Tracey is known for her composure under pressure and her commitment to achieving results.
Tracey represents brokerage firms and individual registered representatives in customer and employment arbitrations, litigation and regulatory matters. Tracey offers her clients great depth of experience defending claims brought in FINRA arbitrations, including allegations of sales practice violations such as fraud, breach of contract, misrepresentation, selling away, unsuitability and churning. She also defends clients in product-related litigation stemming from variable annuities, alternative investment products, mutual funds and preferred securities.
Tracey works with clients to successfully manage regulatory inquiries, examinations and investigations by state and federal regulatory agencies and self-regulatory organizations, from initial contact to resolution. She also advises clients on current litigation and regulatory trends and issues, as well as e-discovery and information management.
Highly respected throughout the legal community, Tracey is much in demand as a speaker before organizations such as the Securities Industry and Financial Markets Association (SIFMA), Practicing Law Institute (PLI), American Bar Association (ABA), National Bar Association (NBA), New York City Bar Association, New Jersey State Bar Association, The Knowledge Group, and Corporate Counsel Women of Color.
As an employment litigator, Tracey defends corporate clients against claims related to age, race, and gender discrimination; workplace sexual harassment; whistleblowers; unpaid wages; and wrongful discharge. She handles these complaints both in court and in arbitration, including before the FINRA Dispute Resolution Division. Tracey also handles internal investigations, and high-stakes class and collective action matters.
In addition to her experience in private law firm practice, Tracey had the advantage of serving for seven years as in-house counsel for UBS Financial Services Inc., and seven years as an AUSA for the Eastern District of New York. During her time as an AUSA, Tracey held the positions of Acting Chief of Environmental Litigation and Chief of Bankruptcy.
- Successfully represented a financial services firm in an arbitration matter involving claims of unsuitability, failure to supervise, breach of fiduciary duty and fraud related to investments in IPO purchases of closed-end funds, preferred stock and reverse convertible notes. Obtained expungement for financial adviser and branch manager.
- Represented a financial institution in a pregnancy discrimination matter in the Southern District of New York.
- Represented a major retailer in an FLSA collective action in the Eastern District of New York.
- Obtained summary judgement for a mass media corporation in an age and disability discrimination lawsuit in the Southern District of New York.
- Successfully represented a gaming company in a gender discrimination suit. The matter was favorably settled after a jury trial in the Southern District of New York.
- Successfully obtained expungement of arbitration matter from the CRDs of all four members of a broker team in a matter involving allegations of unsuitable recommendations.
- Defended a financial securities firm in arbitration matters involving structured products.
- Successfully defended a broker/dealer in a FINRA arbitration in which the claimant alleged unsuitability and failure to follow instruction, and subsequently obtained expungement for both respondent financial advisors.
- Successfully defended a broker-dealer in a FINRA arbitration where claimant alleged unsuitable recommendation for variable annuity and improper switching of mutual funds.
- Successfully represented financial services firm in regulatory investigations.
Dartmouth Alumni Award, Dartmouth College (2014)
Dartmouth Young Alumni Award, Dartmouth College (2002)
Fellow, American Bar Foundation
“Top 40 Under 40,” The Network Journal (2003)
Awards Methodology (www.drinkerbiddle.com/content/awards)
- District of Columbia
- New Jersey
- New York
- Villanova University School of Law, J.D., 1990
- Dartmouth College, A.B., 1987
- U.S. Supreme Court
- U.S. Court of Appeals, Second Circuit
- U.S. Court of Appeals, Sixth Circuit
- U.S. District Court, District of Connecticut
- U.S. District Court, District of New Jersey
- U.S. District Court, Eastern District of New York
- U.S. District Court, Southern District of New York
- ALM Legal Diversity & Talent Management Forum, Advisory Board
- American Bar Association, Section of Litigation Federal Practice Task Force
- American Bar Foundation, Sustaining Life Fellow
- Association of the Bar of the City of New York, In-House/Outside Counsel Litigation Group, Labor and Employment Law Committee
- Association of Black Women Attorneys
- Corporate Counsel Women of Color
- Dartmouth Lawyers Association
- Federal Bar Council
- Metropolitan Black Bar Association
- National Bar Association
- National Employment Law Council
- New York State Bar Association
- Securities Industry and Financial Markets Association, Compliance and Legal Society – Diversity and Inclusion Subcommittee
- Society for Human Resource Management
- Women Creating Change, Board of Directors
- Women in eDiscovery