Tracey L. Kovall Delange Email & Phone Number

San Diego Metropolitan Area

Carlsbad

Provided various legal services for attorneys, non-profit Board, and individual clients; represented individuals in employment disputes and arbitration; provided advise on contract negotiations; and provided general legal advice and analysis on dispute resolution.

Represented large corporations, small businesses, startups, and high-level executives and professionals in complex labor, employment, and HR matters.

Carlsbad, Ca

Provided legal services relating to a variety of company matters and assisted with the overall management of the company’s legal and HR departments; specific emphasis on managing litigation, marketing review and compliance, contract review and negotiation, and supporting the company’s human resource functions.•Managed all third-party litigation and administrative claims; including developing defense and settlement strategies, and partnering with outside counsel on discovery and trial preparations. Managed and worked on the defense and related strategies in three (3) wage and hour class actions.•Developed, managed and coordinated all employee-relations functions; including managing Human Resource Field Managers in responding to and investigating internal complaints.•Created and implemented policies and practices to reduce future liability to Company. •Created, implemented and trained personnel on various topics, including labor and employment laws, investigation techniques, and FTC guidelines and regulations. •Led and actively participated in internal investigations and audits. •Worked closely with Marketing Department to review and provide guidance and risk assessment on all advertising and promotional materials and objectives, ensuring company's compliance with FTC and other related rules. •Participated in Strategy Sessions with members of Leadership Team to develop business objectives and implementation strategies for future success of the business.•Provided legal advice to Jenny Craig business units on a wide range of company matters, including labor and employment, regulatory, medical education, product innovation, contract management and real estate.•Negotiated, reviewed, revised and ultimately approved various contracts, including marketing agreements and technology agreements.

Provided legal services relating to a variety of company matters and assisted with the overall management of the company’s legal affairs department; specific emphasis on supporting the company’s commercial operations and compliance functions.• As a member of Copy Approval Committee, worked closely with Sales and Marketing, Regulatory and Medical Affairs to review, provide guidance on and ultimately approve all marketing and advertising materials and objectives, ensuring company was in compliance with all FDA regulations. • Developed, managed and coordinated all functions of commercial compliance on marketed products, including developing and maintaining internal policies, procedures, and controls.• Created, implemented and trained personnel on compliance requirements, including requirements of FDA, OIG, PhRMA Code, federal anti-kickback statute, HIPAA, government price reporting and related regulations. • Negotiated, reviewed, revised and ultimately approved various contracts, including clinical trial agreements, commercial contracts, NDAs, and managed care contracts.• Provided legal counsel to in-house organizational clients on a wide range of company matters, including regulatory, compliance, commercial operations, litigation management, clinical trials, product development and manufacturing, contract management, and employment law.• Provided quarterly presentations to Executive Compliance Committee regarding compliance and regulatory issues impacting the company’s commercial operations.• Worked closely with company’s regulatory executive on a wide range of regulatory compliance matters.• Led and actively participated in internal investigations and audits in order to protect company from future liability. • Advised various business units on relationships with vendors and managed care contracts, contract formation and termination, and dispute resolution; assisted in resolving many disputes resulting in significant cost savings to company.

Represented Tribe in connection with analysis and negotiations concerning the California Gaming Control Commission’s proposed regulations on Class III gaming at all California Indian gaming casinos.• Performed research and analysis regarding authority of the National Indian Gaming Commission (“NIGC”) to regulate Class III Indian gaming.• Amended Tribal Gaming Ordinance in connection with Minimum Internal Control Standards (“MICS”) and Class III Indian gaming.

As a Senior Associate in Firm’s Complex Litigation practice focusing on business litigation and securities class actions; responsible for all aspects of litigation.• Significant litigation experience in multiple subject areas, including complex business litigation; securities litigation; employment litigation; litigation under the Americans with Disabilities Act; and intellectual property litigation. Extensive experience practicing in both federal and state court.• Successfully drafted petition for writ of certiorari and merits briefs in Dura Pharmaceuticals, Inc. et al. v. Michael Broudo, 125 S.Ct. 1627 (2005), in which the United States Supreme Court issued a unanimous landmark decision in securities fraud litigation.• Defended companies and corporate officers in multi-million dollar securities class actions; successfully drafted Motions to Dismiss under the Private Securities Litigation Reform Act (“PSLRA”).• Participated in representing corporate boards and audit committees in internal investigations, including in response to SEC requests and subpoenas.• In a class action lawsuit, successfully demurred to six of seven causes of action brought against the client and subsequently defeated class certification on the remaining cause of action, resulting in a complete dismissal of the class-action lawsuit. The decision was appealed and upheld by the Court of Appeals.• Successfully brought and defended Temporary Restraining Order (“TRO”) proceedings in both state and federal court; in connection with representing a law school, obtained a TRO in federal court against the American Bar Association, preventing the revocation of the law school’s accreditation.• Managed entire Pro Bono Program for San Diego office including supervision of junior associates

San Diego based full service law firmServed on a contract basis to Environmental Department, with an emphasis on environmental Indian law.• Prepared and reviewed documents for approval under the National Environmental Policy Act (“NEPA”) for a proposed Indian gaming facility; formulated client’s responses to public comments.• Reviewed and researched CEQA (“California Environmental Equality Act”) documentation for a landfill project that potentially encroached on sacred and protected tribal lands; developed arguments to obtain regulatory approval and/or favorable outcome in litigation.

As an Associate in Firm’s general litigation practice focusing on business litigation, environmental litigation and insurance coverage litigation; responsible for all aspects of litigation.• Successfully argued portion of a bench trial regarding client’s NPDES (National Pollutant Discharge Elimination System) Permit under the Clean Water Act.• Represented major oil company in multi-billion dollar insurance recovery lawsuit for reimbursement of costs for environmental cleanup, including the defense and taking of depositions, development of trial strategy, witness interviews, preparation of expert witnesses, document review and analysis, site investigations and client relations. • Extensive litigation experience in both federal and state court.• Actively defended major oil companies in litigation under Petroleum Marketing Practices Act, including defending depositions and drafting summary judgment motions.• Actively defended major oil company in toxic tort litigation; lead attorney in document review for defense.• Sole attorney defending major client against lawsuits brought under the Americans with Disabilities Act; quickly learned statute and applicable regulations in order to effectively and efficiently defend client.• Successfully obtained summary judgment in business litigation dispute, resulting in a complete dismissal of client from lawsuit.

Waste-Management CompanyIn-House CounselWorked under supervision of outside counsel on pending litigation and advised corporation on environmental matters.Actively participated in discovery and drafting of pleadings in a variety of pending litigation, including subject areas of environmental, tax, civil rights, insurance and employment.Advised corporation regarding CEQA matters, hazardous and solid waste management regulations and other compliance issues.Participated in internal investigations concerning labor and employment issues.Conducted due diligence document review in connection with sale of subsidiary company.

As summer law clerk, provided legal assistance on a variety of cases, including general business litigation and environmental litigation.

Jd, Law

Ba, Political Science/Law And Society