In September 2023, the Securities and Exchange Commission (SEC) announced three separate enforcement orders reflecting a renewed interest in and scrutiny of provisions in employment agreements and separation agreements. TheseContinue Reading SEC Broadens Scrutiny of Employment and Separation Agreements Under Whistleblower Rule
Tracy L. Gerber is Co-Managing Shareholder of the West Palm Beach office and Co-Chair of the firm’s Broker-Dealer Securities Litigation Practice. She is also a member of the firm’s Labor & Employment Practice. Tracy regularly defends major Wall Street brokerage firms, registered investment advisers and other financial institutions in a wide variety of employment disputes in arbitration, before administrative agencies, and in state and federal courts nationwide. Tracy has substantial cross-over experience in the regulatory and sales practice arena, having handled numerous SEC, FINRA and state regulatory inquiries, investigations and enforcement proceedings, as well as customer arbitrations. Tracy regularly assists clients in identifying the collateral risks that are often inherent in employment disputes and customer cases involving unique employment related issues. She routinely works with clients on defending parallel employment, regulatory and customer matters to ensure that strategies in each are coordinated, thoughtful and complimentary.
During her career, Tracy has tried more than 50 arbitrations to final award. Tracy is skilled in defending employment claims that implicate unique reputational risk, such as claims brought by current employees, SOX and Dodd-Frank whistleblower claims, U5 defamation claims, gender discrimination and hostile work environment claims, and claims arising out of internal investigations, regulatory inquiries and product controversies. Tracy also assists clients with employment matters at their earliest stages, including pre-dispute mediations and charges and complaints brought before the EEOC, OSHA, and similar state agencies.
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. Tracy 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 FINRA, and is a frequent speaker on the subject of securities arbitration. Tracy also serves on the faculty of the prestigious Securities Industry Institute at the Wharton School of the University of Pennsylvania.
On March 28, 2022, the Securities Exchange Commission (SEC) issued a press release regarding two proposed rules, Rules 3a5-4 and 3a44-2 under the Securities Exchange Act of 1934 (the Act).
Continue Reading SEC Seeks to Expand ‘Dealer’ or ‘Government Securities Dealer’ Definition to Require Additional Firms to Register with Agency and Comply with Federal Securities Regulations