David Tracey

David Tracey

David Tracey

Public Interest Litigation Practice Group Co-Chair

Biography

David Tracey is a Public Interest Litigation Practice Group Co-Chair and a Partner in the New York office of Sanford Heisler Sharp, LLP, a national law firm with offices in Washington, DC, New York, California, Tennessee, and Maryland. Mr. Tracey represents employees in individual and class actions involving discrimination, wage and hour violations, employee benefits, and civil rights. He received his law degree magna cum laude from New York University School of Law, where he was awarded membership in the Order of the Coif. He received his bachelor’s degree magna cum laude from Yale University.

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.

Mr. Tracey has frequently volunteered at legal services organizations in New York City. He has represented tenants in eviction proceedings and has participated in litigation and legislative advocacy to achieve criminal justice reform. Among other efforts, while a law student, Mr. Tracey successfully petitioned for the release of an incarcerated individual who was serving a life sentence under California’s former “three strikes” law.

Prior to his career in law, Mr. Tracey was a community organizer at the Harlem Children’s Zone, Inc. As an organizer, he worked with community members on projects concerning tenants’ rights, environmental health, and gun control.

Credentials

EDUCATION
  • B.A., Yale University, magna cum laude
  • J.D., New York University School of Law, magna cum laude
CLINICS
  • New York University Racial Justice Clinic
CLERKSHIP
  • Honorable Garland E. Burrell Jr., Senior Judge for the United States District Court, Eastern District of California
BAR ADMISSIONS
  • New York
  • New Jersey
  • Southern District of New York
  • Eastern District of New York
  • District of New Jersey

Major Cases

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. Read More

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. Read More

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. Read More

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. Read More

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. Read More

FOREST LABORATORIES GENDER DISCRIMINATION CLASS ACTION

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). Read More

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. Read More

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. Read More

If you or someone you care about has been taken advantage of in a securities or other financial transaction, Sanford Heisler Sharp can help right that wrong.

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Sanford Heisler Sharp, LLP is a public interest law firm representing individuals and groups against corporations and governmental entities. The firm also represents individual citizens when a corporation is committing an act of fraud against the U.S. Government. As a private attorney general, Sanford Heisler Sharp, LLP specializes in employment, Title VII and wage and hour matters; representation of executives and attorneys; qui tam whistleblower cases; consumer fraud; housing discrimination; mass torts; and appellate and complex litigation.

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