OVER TWO DECADES HANDLING TRANSACTIONAL AND LITIGATION MATTERS, PROVIDING STRATEGIC RESOLUTION TO COMPLEX LEGAL ISSUES
Tracy L. Mainguy is an accomplished attorney with over 28 years of experience in commercial contracts, secured transactions, bankruptcy, real estate, ERISA and corporate matters. Her track record successfully litigating the interests of buyers, property owners, title insurers, lenders, lessors, and employee benefit trust funds in federal and state court has earned her a reputation as a trusted advisor to her clients. As Of Counsel in the firm’s business group, Tracy brings first chair trial experience and a breadth and depth of knowledge in many facets of business law.
From the inception of her legal career, Tracy has handled a variety of employment and labor matters. Tracy also became well versed in bankruptcy law and promoted creditor’s rights in Chapter 11, Chapter 7 and Chapter 13 bankruptcy proceedings. She excelled in collecting contributions owed to multi-employer Taft-Hartley Trust Funds and went on to act as General Counsel for the Operating Engineers Local 3 Trust Funds. After taking time to work at a large firm representing institutional lenders in foreclosure proceedings and working at a firm specializing in representing title insurers, Tracy returned to private practice and again focused her practice on handling ERISA matters.
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Tracy is well-versed in ERISA and construction law and post-judgment collections. Her Chapter 11 Bankruptcy experience representing secured, priority creditor(s) gives her the insight to analyze competing creditor’s claims and business plans to collect debt while trying to preserve relationships. Handling ERISA matters as a litigator combined with her transactional background gives her the unique insight to provide comprehensive advice to her clients regarding regulatory issues.
Recently, Tracy has experience as General Counsel providing advice and counsel on property management issues including landlord tenant and HOA matters, and corporate transactions and related corporate matters, including private equity, private financings and contract negotiations. Tracy has also successfully litigated disputes involving commercial lease agreements, construction contracts and purchase agreements as well as property disputes involving shared fences, neighboring trees, nuisances and easements.
PRACTICE AREAS
ADMISSIONS
Bar Admissions
- California, 1995
- Florida, 2016
Court Admissions
- Northern District of California
- Eastern District of California
- Central District of California
- Southern District of California
EDUCATION
- California Western School of Law – J.D., 1994
- Boston University, School of Management – B.S., Magna Cum Laude, Business Administration, 1991
MEMBERSHIPS
- Member, Attorneys Title Insurance Fund
- Member, American Bar Association
- Member, International Foundation for Employee Benefit Plans
- Bay Area Real Estate Council
- Business Partner Member, Venice Board of Realtors
- Business Partner Member, Realtor’s Association of Sarasota and Manatee
CLIENT WINS
- Prevailed at trial in case involving commercial lease where tenant defaulted on lease and failed to pay rents accrued during Covid asserting Impossibility and Frustration of Purpose as defenses. Collected judgment.
- Mediated resolution of nuisance lawsuit involving root invasion by neighbor’s trees.
- Collected multi-million-dollar debt for contributions in ERISA contribution case. Negotiated structured settlement requiring Employer to obtain debt and secure payments due with real and personal property.
OUTSIDE THE FIRM
In her spare time, Tracy enjoys international travel, cooking, and morning yoga at Venice Beach.