Tracy N. LeRoy
Tracy is a business trial lawyer whose practice primarily focuses on representing companies involved in the upstream and midstream sectors of the oil and gas industry. With more than 17 years of experience in litigation and arbitration proceedings, Tracy is highly experienced in disputes involving the exploration, production, and transportation of oil and gas including drilling rights, operating obligations, leasehold disputes, renewable fuel commodities, and pipeline issues. She also represents clients with claims of fraud, tortious interference, and breach of fiduciary duty emanating from various industries and commercial sectors. Her practice includes representation of special committees, audit committees, and officers and directors in internal and independent investigations of corporate conduct, compliance, and reporting.
She also regularly handles a variety of employment-related litigation, including trade secrets, employment agreement enforceability issues, non-competition, and non-solicitation agreement disputes, discrimination claims, and whistleblower claims. She also advises clients on compliance and employment policies and procedures.
Prior to joining Yetter Coleman, Tracy was a partner and the litigation group head of Sidley Austin’s Houston office.
Tracy has held various leadership positions with the Women’s Energy Network, and currently sits on its Houston Advisory Council and on the Board of Directors for the national WEN Foundation. She was honored to be named to the Shortlist for Chambers and Partners 2017 Women in Law’s national award for an Inspiring Role Model in Promoting Gender Diversity in the Legal Profession. She also serves on the Alumni Board for the Purdue University School of Liberal Arts. Active in the Houston community, Tracy serves on the Business Council for the Houston Ballet and is a Board Member and pro bono litigation counsel for the Houston Society for the Prevention of Cruelty to Animals (SPCA). She and her husband have two sons.
Representative Energy Litigation Matters
- Represented an anchor shipper of natural gas in an arbitration filed in the London Court of International Arbitration alleging breach of contract related to the transportation of natural gas on a pipeline system.
- Represented an exploration company in an arbitration filed in the London Court of International Arbitration and a related Texas state court lawsuit in which the claimant alleges breach of contract.
- Defended former officers of an exploration and production company in a Texas state court lawsuit in which the plaintiff, the bankruptcy trustee for the company’s parent, alleges that each defendant breached his fiduciary duty in undertaking an exploration and production program in Alaska, including the purchase of an offshore rig.
- Defended former CEO of an oil and gas company in a Texas state court lawsuit in which the plaintiff, the bankruptcy trustee, alleged that each defendant breached his fiduciary duty related to various bond offerings and other transactions.
- Defended former CFO of a company focused on water purification technology for the oil and gas industry in two related lawsuits alleging a fraudulent “pump and dump” scheme.
- Represented a plaintiff natural gas pipeline owner in a state court lawsuit over breach of a pipeline transportation services agreement.
- Represented a special investigative committee of the Board of Directors of the Texas affiliate of an international oil company related to allegations of improprieties related to accounting and payment of royalties.
- Defended various foreign entities in a federal court lawsuit and subsequent arbitration over an alleged breach of contract related to an oil and gas project in Africa.
- Represented a special committee of the Board of Directors of a publicly traded international oil and gas company related to allegations of misrepresentations regarding various well data and results.
- Defended two state court lawsuits in which the plaintiffs alleged that defendants, various companies engaged in gas recovery and processing, engaged in transactions allowing each other to obtain CO2 volumes from plaintiffs’ leases without providing value owed.
- Defended a regional natural gas marketer in a state court breach of contract lawsuit related to application of a gas cost incentive mechanism.
- Defended a company in the business of procuring hydraulic fracturing proppants (frac sand) in a state court breach of contract lawsuit; obtained dismissal.
- Represented a claimant drilling company in an International Chamber of Commerce arbitration against an oil company over a drilling contract for a Gulf of Mexico project.
- Defended a Spanish investment company and its shareholder in a state court lawsuit, in which the plaintiff, a global supplier of products and services for the oil and gas and power industries, sought an injunction barring the investment company from trading shares worth €35 million; obtained dissolution of the temporary restraining order and dismissal of the lawsuit for lack of personal jurisdiction.
- Defended a commodities broker in an action filed in the District Court of Harris County, Texas, in which the plaintiff alleges that the broker engaged in fraud related to the trading of Renewable Identification Numbers corresponding to identified volumes of renewable fuel; obtained summary judgment on all claims.
Representative Trade Secrets/Employment Litigation Matters
- Successfully represented a world leader in agri-science and specialty agricultural products, in a contract/trade secrets suit against a former distributor and its principal. Following fast-tracked discovery and just days before trial, defendants agreed to a multi-million-dollar settlement and permanent injunction barring further manufacture or sale of counterfeit products, misuse of its information, and misrepresentations.
- Defended one of the world’s largest insurance brokerage firms and its employees in lawsuits in various state and federal courts related to non-competition and non-solicitation agreements, confidentiality agreements, trade secrets, raiding of customers and employees, and related claims.
- Defended an international energy services company in a federal race discrimination action in one of the first cases tried before a jury applying the “cat’s paw” theory of liability recognized by the Supreme Court in Staub v. Proctor Hospital, 131 S.Ct. 1186 (2011); resulted in a unanimous jury verdict in favor of defendants, which was affirmed by the Fifth Circuit.
- Defended an international energy company in a wrongful termination action alleging defamation and retaliation due to whistleblower activity under state law; resulted in a unanimous jury verdict in favor of defendants on the retaliation claim, and summary judgment in favor of defendants on the defamation claim. Plaintiff appealed only the defamation ruling, which was upheld by the Texas Supreme Court.
- Best Lawyers in America in First Amendment Litigation, 2010-2020
- Benchmark Litigation’s 40 & Under Hot List, 2016-2018
- Benchmark Litigation Future Star (Texas), 2014-2018
- "Texas Super Lawyer" in Business Litigation, Thomson Reuters, 2018-2019
- “Texas Rising Star,” by Thomson Reuter’s Super Lawyers, 2015-2017
- The Legal 500 in Energy Litigation, 2013-2014, 2016-2017
- Board Member: Purdue University School of Liberal Arts Alumni Board
- Houston Advisory Council Member: Women’s Energy Network (WEN)
- Board Member: WEN Foundation
- Board Member: Houston Society for the Prevention of Cruelty to Animals
- Member: Institute for Energy Law (IEL) Advisory Board
- Member: Houston Association of Women Attorneys
- Fellow: American Bar Foundation
- Fellow: Texas Bar Foundation
- Fellow: Houston Bar Foundation
- Member: Houston Bar Association
- Section Member: American Bar Association, Litigation
- Member: Federal Bar Association, South Texas Chapter
- "Determining Your End Game," Texas Young Lawyers Association Shero Podcast, March 6, 2019
- “Reducing Risk When Employees Depart,” Houston Chapter of RIMS, November 15, 2018 (presenter)
- “Litigation and Arbitration in Different Jurisdictions,” Benchmark Women in Litigation Forum, March 28, 2017 (moderator)
- “Ethical Considerations When Changing Employers,” Society of Petroleum Engineers Gulf Coast Section Ethics presentation, May 17, 2016
- “Navigating Your Career: Skills and Tips”, The 16th Annual Women in Leadership Conference Forging New Paths: Redefining Leadership, February 12, 2016
- “Ethical Considerations When Changing Employers,” Women’s Energy Network Downtown Luncheon, January 20, 2016
- “What Trial Lawyers Want Their Experts to Know,” Business Valuation, Forensic & Litigation Services Conference, October 23, 2015
- “Internal Investigations” for the International Association of Drilling Contractors, Ethics & Compliance Committee, August 2015
- "What You Need to Know About Investigations Affecting Operations in the Oil and Gas Industry,” Gulf Coast Section of the Society of Petroleum Engineers, July 14, 2015
- Northwestern University School of Law, J.D., cum laude, 2002 (Order of the Coif)
- Purdue University, B.A., with highest distinction, 1999 (Phi Beta Kappa)
- Admitted to Practice: Illinois, 2002, Washington, 2005, Texas, 2008