J.D. from Harvard Law School

B.A. & Sc. in Political Science and Biomedical Sciences from McGill University

Davis Polk & Wardwell LLP

Covington & Burling LLP (San Francisco and D.C.)

Member of State Bar of California and New York

Admitted in the Ninth Circuit and Federal Circuit Court of Appeals, and the Northern District, Eastern District, Southern District and Central District of California.

zinsou@braunhagey.com
(415) 651-3139
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Tracy and the BHB team secured a major victory on behalf of growing dental cosmetics company Snow Teeth Whitening with implications for advertising and sponsorship agreements, and class actions generally. In September 2022 a New York federal court dismissed a lawsuit targeting Snow for supposedly misleading advertising. In its order dismissing the case entirely, the court ruled that the plaintiff did not have standing to bring the claims because he had not actually seen or relied on any of the supposedly false ads. The court called the decision to bring the lawsuit “troubling,” implying that the plaintiff never had any good-faith basis for it in the first place.

Kraus v. Snow Teeth Whitening, LLC et al. (E.D.N.Y).

BHB filed suit in Alameda Superior Court to prevent Clearview AI from using Californians’ facial images to create a massive database that can be used for domestic espionage. In November 2022, Tracy secured a ruling from the Court denying Clearview’s anti-SLAPP motion and motion to dismiss the case, allowing our clients’ claims to go forward. The Court held that Clearview’s conduct is not protected by the First Amendment and that Clearview may be held liable for using people’s likenesses without their authorization. This decision is a major victory for Californians, protecting their privacy rights and serving as a bulwark against the surveillance state.

Renderos et al. v. Clearview AI (Alameda Sup. Ct.).

Tracy and the BHB team defeated a $100 million+ putative class action lawsuit against leading sports beverage brand BODYARMOR. Plaintiffs claimed BODYARMOR’s fanciful labels, images, and product language somehow misled millions of consumers. However, when deposed under oath, plaintiffs conceded they were neither misled nor injured. The litigation spanned multiple jurisdictions and lasted almost two years.

Silver et al. v. BA Sports Nutrition, LLC (N.D. Cal.)