Tracy M. Clements

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Tracy Clements has extensive experience handling a variety of complex commercial litigation matters, including business torts, accountant liability, securities class actions, intellectual property disputes (patent, trademark and copyright infringement), and white collar criminal defense.

She has represented and counselled clients throughout the United States in litigation, at trial and on appeal.  She has also been involved in arbitrations and other alternative dispute resolution proceedings, and in investigations by government agencies.

Before joining Keller, Sloan, Roman LLP, Ms. Clements served as a law clerk to the Honorable Saundra Brown Armstrong in the United States District Court for the Northern District of California and worked as a commercial litigation associate at Bronson, Bronson & McKinnon.

Education

  • University of California at Berkeley, Boalt Hall School of Law, J.D. (1996)
  • University of California at Santa Barbara, B.A., with highest honors, in Law & Society (1992)

Admitted to Practice

  • California State Courts (1996)
  • Northern District of California (1996)
  • Ninth Circuit (1996)
  • United States Supreme Court (2010)

Professional Affiliations and Activities

  • American Bar Association
  • San Francisco Bar Association 

Notable Engagements

Following are examples of matters Tracy has handled.

  • Defended Big Five accounting firm in several class action and investor lawsuits, including jury trials, class certification proceedings, and settlement negotiations.
  • Obtained summary judgment in defendants’ favor in a civil RICO action alleging embezzlement of $800 million from the government of Ukraine. Twice affirmed on appeal to the Ninth Circuit, and petition for writ of certiorari to the U.S. Supreme Court denied.
  • Defended automobile parts manufacturer in trade dress infringement and unfair competition jury trial, which resulted in a defense verdict.
  • Defended several lawsuits brought in connection with the Raiders NFL franchise moving from Los Angeles to Oakland, including a unanimous defense verdict following a five-month trial.
  • Defended international chauffeur-driven car services company in several class action and employment benefit lawsuits and enforcement proceedings by federal and state regulators.
  • Represented pineapple company in trademark infringement and unfair competition lawsuit, resulting in favorable settlement and discontinued use of infringing mark.
  • Defended international public relations firm in numerous state and federal actions brought against the tobacco industry.
  • Represented social networking site in state and federal actions involving claims for invasion of privacy, unfair competition, and violation of anti-spam and computer crime statutes, resulting in favorable settlements.
  • Recent engagements have involved corporate malfeasance and shareholder derivative actions; patent infringement and patent prosecution malpractice actions; and prosecution and defense of business tort and unfair competition claims.

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