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Mandatory Arbitration Agreements in the Wake of the #MeToo Movement


Speaker(s): Ann-Elizabeth Ostrager, Tracy Richelle High
Recorded on: Jul. 31, 2019
PLI Program #: 277367

Tracy’s practice focuses on representing financial institutions and other corporations in complex civil litigation, arbitration and mediation proceedings, corporate internal investigations, and labor and employment matters.

She has also represented clients before a wide variety of regulatory and prosecutorial agencies, both at the state
and federal levels, as well as congressional committees and independent examiners appointed by court order.

Tracy is co-chair of the Firm’s Diversity Committee, co-chair of the Women’s Initiative Committee and a hiring partner. She also oversees the Firm’s active networks for minority associates: the Asian Associates Network, the Network of Black and Latino Lawyers and the LGBT Network. She is co-chairwoman of the YWCA-NYC, a vice-chairwoman of the Legal Aid Society, and a member of the board of directors of Lawyers’ Committee for Civil Rights Under Law, New York City Bar Justice Center and Partnership for After School Education. She is a member of the Association of Black Women Attorneys and Metropolitan Black Bar Association.


Ann-Elizabeth Ostrager is a partner in S&C’s Litigation Group, a member of the Firm’s Criminal Defense and Investigations Group and co-head of the Labor and Employment Group. Ms. Ostrager has a diverse practice, which includes regulatory and internal investigations, employment litigation, securities and antitrust litigation, and representations of a number of individuals in criminal matters. Her clients include Goldman Sachs, JPMorgan Chase, UBS, Volkswagen, Standard Chartered Bank and Nomura Global Financial Products, among others.

In one of the most closely-watched employment cases of recent years, Ms. Ostrager is defending Goldman Sachs against a lawsuit accusing the bank of discriminating against more than 3,400 women in pay and promotions. The eight-year-old case was brought by female associates and vice-presidents who have worked in Goldman’s investment banking, investment management and securities divisions since September 2002.

In March 2018, Ms. Ostrager succeeded in narrowing the claims that the plaintiffs can bring as a class. U.S. District Judge Analisa Torres in Manhattan held that the class action cannot include inflammatory claims that Goldman maintained a “boys’ club atmosphere” where men allegedly mistreated women.

Ms. Ostrager also represented Kinross Gold Corporation in its favorable settlement with the Securities and Exchange Commission stemming from an FCPA investigation arising from the company’s activities in West Africa. She also represented Kinross in a parallel investigation by the Department of Justice, which closed its investigation and declined to pursue charges. Ms. Ostrager’s other recent representations include a securities fraud case for a major energy company and a high profile employment discrimination matter. She currently represents JPMorgan Chase in litigation brought by the bankruptcy trustee of Millennium Health LLC related to lending JPMorgan arranged for Millennium.

She has represented clients in a number of shareholder derivative actions, including for a large financial institution and on an appeal to the Delaware Supreme Court. She also worked on a litigation involving three large financial institutions in separate fraudulent conveyance and Article 78 actions in New York state court. Her experience also includes an employment discrimination matter on behalf of the United States District Court for the Southern District of New York.

Ms. Ostrager clerked for the Honorable Dennis Jacobs and the Honorable Richard C. Wesley, both of the United States Court of Appeals for the Second Circuit.