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Introduction
Tracy Ickes is a member of Nixon Peabody’s Complex Commercial Disputes practice group. She concentrates her practice on commercial and construction matters as well as intellectual property disputes.
My focus
I litigate complex commercial disputes in a range of industries, including construction and real estate, technology and insurance. My experience includes claims for breach of contract, antitrust violations, theft of trade secrets, business torts and corporate governance disputes and indemnity issues.
I handle all stages of litigation in state and federal courts at both the trial and appellate levels. I am currently representing a subcontractor in arbitration regarding a construction dispute. My ability to distill complex issues into accessible narratives is of great value to clients litigating highly technical subject matters before generalist courts.
Representative experience
- Represent The Regents of the University of California in a groundbreaking patent enforcement campaign to protect its rights in a revolutionary new generation of light bulb technology known as filament LED that was invented by a Nobel laureate-led team at UC Santa Barbara. The campaign includes litigation before the U.S. International Trade Commission, the U.S. District Courts for the Central District of California and Eastern District of New York, and the Patent Trial and Appeal Board at the U.S. Patent and Trademark Office.
- Obtained summary judgment in federal district court in favor of insurance company against bad faith and breach of contract claims based on an environmental legal liability policy.
- Defeated multiple motions to dismiss and obtained favorable settlement for contractor on claims of tortious interference with contract and business expectancy.
- Obtained affirmation on appeal before the Seventh Circuit of the largest eminent domain award in Illinois history.
- Enforced rights of secured creditors, including national banks and private lenders, in litigation and loan workouts.
- Obtained reversal from Alaska Supreme Court of jury verdict based upon novel evidentiary issues.
Looking ahead
Companies that use ephemeral messaging services, in-house chat programs and shared documents in the cloud—which can all be effective tools for collaboration—may be surprised to face negative inferences in litigation if those materials are no longer available. Civil discovery strategies need to adapt to rapid changes in communication preferences and technologies.
Insights
- “Long Odds: Commercial Mortgagors Fighting to Keep Their Property During Foreclosure Have Few Options,” 102.3 Illinois Bar Journal 144 (2014)
- “A Path Toward User Control of Online Profiling,” 17.2 Mich. Telcomm. & Tech. L. Rev. 459 (2011)
In the news
- Journal of Robotics, Artificial Intelligence & Law | NOV – DEC 2021
Negotiating the use of technology assisted/review artificial intelligence in document review
San Francisco Complex Commercial Disputes associate Tracy Ickes contributed this article discussing the use of technology assisted review (TAR), its potential to streamline the review of electronic files and documentation, and best practices for negotiating protocol for its use.Sep 21, 2021 - Engineering News-Record
AI Advisors Suggest Better Ways to Build
In this article on artificial intelligence and technology innovations in construction, San Francisco Complex Commercial Disputes partner Aldo Ibarra and associate Tracy Ickes are quoted extensively for their outlook on accommodating new technologies in contract language, shifting risk to tech companies, better risk assessment for emerging AI advisors, and how tech vendors license to their users.Feb 10, 2021 - Bloomberg News
'Edison' Bulb Battle Heats Up With University Targeting GE, Ikea
An NP team led by Los Angeles Intellectual Property partners Seth Levy and Shawn Hansen on Monday expanded its groundbreaking patent enforcement campaign on behalf of the Regents of the University of California (UC). This article covers the new complaint, filed with the U.S. International Trade Commission, which seeks an investigation into the unauthorized importation and sale after importation of UC’s patented filament LED lighting technology by General Electric, Savant Systems, Feit Electric, Home Depot, Ikea, and Satco Products. In addition to Seth and Shawn, the NP team includes Washington, DC Intellectual Property partner Evan Langdon; Los Angeles Intellectual Property partners Staci Riordan, Vincent Yip and Peter Wied, and associate Vince Capati; Chicago Intellectual Property associates Paulina Starostka and Angelo Christopher; San Francisco Complex Commercial Disputes associate Tracy Ickes; and Los Angeles patent specialist Jason Moore.Aug 31, 2020 - Law360
UC System Asks ITC to Probe Home Depot, Others Over LEDs
Aug 31, 2020An NP team led by Los Angeles Intellectual Property partners Seth Levy and Shawn Hansen on Monday expanded its groundbreaking patent enforcement campaign on behalf of the Regents of the University of California (UC). The following articles cover the new complaint, filed with the U.S. International Trade Commission, which seeks an investigation into the unauthorized importation and sale after importation of UC’s patented filament LED lighting technology by General Electric, Savant Systems, Feit Electric, Home Depot, Ikea, and Satco Products.
In addition to Seth and Shawn, the NP team includes Washington, DC Intellectual Property partner Evan Langdon; Los Angeles Intellectual Property partners Staci Riordan, Vincent Yip and Peter Wied, and associate Vince Capati; Chicago Intellectual Property associates Paulina Starostka and Angelo Christopher; San Francisco Complex Commercial Disputes associate Tracy Ickes; and Los Angeles patent specialist Jason Moore.
Admitted to practice
California
Illinois
Education
Reed College, B.A.
University of Michigan Law School, J.D., cum laude
Recognition
Tracy previously practiced in Chicago, Illinois, where the Leading Lawyers Network recognized her as an “Emerging Lawyer.” While in law school, Tracy was a judicial intern with the Hon. John C. O’Meara of the U.S. District Court for the Eastern District of Michigan.
Insights And Happenings
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View AllAnthony Barron
Partner / Chair, Litigation Department- San Francisco
- Office:415.984.8309
- abarron@nixonpeabody.com
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Kimberly Harding
Partner / Deputy Leader, Litigation Department
Leader, Labor Relations Team- Rochester
- Office:585.263.1037
- kharding@nixonpeabody.com
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John Ruskusky
Partner / Practice Group Leader, Complex Disputes / Leader, Medical Device, Pharmaceuticals and Diagnostic Health- Chicago
- Office:312.977.4460Mobile:708.606.8720
- jtruskusky@nixonpeabody.com
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Jeffrey S. Brenner
Partner / Practice Group Leader, Construction & Real Estate Litigation- Providence
- Office:401.454.1042
- jbrenner@nixonpeabody.com
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Daniel J. Hurteau
Partner / Deputy Practice Group Leader, Complex Disputes- Albany
- Office:518.427.2652
- dhurteau@nixonpeabody.com
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