Tracy L. Gerber

Tracy L. Gerber is a Shareholder in the firm's Palm Beach County offices where she is a member of the firm's National Securities Litigation practice group as well as the National Labor & Employment Practice. Tracy represents major broker-dealers in FINRA arbitrations, regulatory proceedings, and state and federal courts. As lead counsel in the defense of financial services firms, she has litigated numerous sales practice and employment cases involving millions of dollars in controversy. Tracy also serves as the Co-Managing Shareholder of the firm's West Palm Beach office.

Tracy’s employment practice includes the defense of claims by employees alleging federal and state statutory discrimination, wrongful termination, retaliation, defamation, and sexual harassment. She has also litigated on behalf of employers who seek to protect proprietary information and enforce promissory notes and non-compete agreements. Tracy has specific experience litigating employment disputes arising out of internal investigations and regulatory inquiries. Tracy regularly counsels companies on various employment issues.

In 2010, Tracy defended one of the largest employment arbitrations ever filed before FINRA. The former employee plaintiffs were seeking $232 million in connection with their management of multibillion-dollar escrow accounts. The FINRA arbitration panel dismissed the claims outright and the award was confirmed by the U.S. District Court for the Southern District of Florida.

In the sales practice arena, Tracy has specific experience litigating product related controversies, pension fund consultant cases, failure to hedge matters, mass-claimant actions and fiduciary claims involving managed accounts. She has represented senior executives and registered representatives in numerous expungement proceedings. Tracy has also represented firms in defending regulatory enforcement actions brought by the SEC, FINRA and state regulators.

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. She 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 the Financial Industry Regulatory Authority, and is a frequent speaker on the subject of securities arbitration.