Tracee E. Davis, Partner
Tracee is a Partner in ZEK’s litigation and cybersecurity/data privacy groups where she represents business clients in a wide variety of complex business disputes in New York and New Jersey state and federal courts and in arbitration. Focused on emerging risk of litigation, Tracee is a certified information privacy professional (CIPP/US) servicing mid-market and institutional clients in performing internal risk and compliance assessments, developing comprehensive privacy programs, conducting third-party vendor audits and devising corporate governance protocols.
Among her notable accomplishments at ZEK, Tracee has:
- Successfully defended numerous financial institutions, winning dismissal of a complex letter of credit action and a variety of consumer financing class actions alleging FDCPA, FCRA, TILA, RESPA and New York GBL fraud violations brought in New YorkState and Federal Courts.
- Successfully defended a prominent real estate brokerage client, winning summary judgment dismissal of claims involving commercial tort, breach of fiduciary duty and breach of contract claims brought in New York State Court, Commercial Division.
- Successfully represented a former condominium complex developer/owner, winning summary judgment dismissal of a complex action brought by the condominium association to recover for outstanding tax certificates.
- Successfully represented the New York State Liquidation Bureau in recovery of damages against a large insurance claims adjuster for mismanagement of insurance claim and breach of contract.
- Successfully represented LLC members and partners in litigation and arbitration of matters involving separation and dissolution of business, including winning sanctions in the form of attorneys’ fees.
- Represented a leading ATM service provider in commencing a derivative action in seeking the dissolution of a long-standing business relationship.
- Successfully defended financial institutions in Surrogate’s Court in a variety of consumer banking and guardianship matters.
As an effective business litigator with a unique and highly specialized knowledge of the judicial process, Tracee acts as a consultant to local and out of state attorneys actively engaged in litigation in New York State Courts.
Prior to joining ZEK, Tracee was Principal Court Attorney to Justice Charles Edward Ramos of the New York State Supreme Court, Commercial Division in Manhattan. During her five years as Principal Court Attorney, she assisted in managing the disposition of more than 400 complex commercial cases. She also was an Adjunct Professor of Law at New York Law School. Before that, Tracee served as a Senior Court Attorney in the Law Department of the New York State Supreme Court, Civil Term in New York County.
Tracee received her B.A. degree from Montclair State University (formerly Montclair State College) and J.D. degree from American University, Washington College of Law. She is admitted in New York, New Jersey, U.S. Court of Appeals, Second Circuit, U.S. District Court, Southern and Eastern Districts.
She currently serves as one of five appointed Commissioners of the New York State Ethics Commission for the Unified Court System. She is a member of the New York State Court’s Commercial Division Advisory Council; the New York State Bar Association’s Committee on Technology in the Law and the New York City Bar Association’s Committee on the Judiciary. She also serves on the board of directors of the Association of the Bar of the City of New York Fund, Inc.
Previously, Tracee chaired the highly-distinguished 2,300 lawyer Commercial and Federal Litigation Section of the New York State Bar Association. Based upon her tested leadership skills, she was twice selected to act as Panel Administrator of the New York County Democratic Committee’s Independent Judicial Screening Panel (Civil Court 2004 and Supreme Court 2013) in reviewing candidates for countywide judicial vacancies.
As part of her service on the Commercial Division Advisory Council, Tracee was a principal author of the New York Commercial Division rules on accelerated adjudication procedures; proportionality in discovery; and immediate trials and evidentiary hearings.
Tracee is a co-author of the report “If Not Now, When: Achieving Equality for Women Attorneys in the Courtroom and in ADR” adopted by the American Bar Association and the New York State Bar Association.