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TRACI L. SHAFROTH
PARTNER
direct: 415.212.8843
email: tshafroth@kbkllp.com
EDUCATION:
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Harvard Law School (J.D., 2007); Harvard Civil Rights-Civil Liberties Law Review, Editorial Board
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The University of Texas at Austin (B.B.A. in Business and Accounting, magna cum laude, 1991; B.A. in French, magna cum laude, 1991); Phi Beta Kappa
ADMISSIONS:
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California State Bar
BIOGRAPHY
Traci Shafroth is a litigation partner experienced in complex commercial litigation and appeals. She is a trusted litigation advisor who has handled complex business litigation for clients in the financial, software, manufacturing, and private equity industries, defending clients against allegations of fraud, breach of fiduciary duty, breach of contract, fraudulent transfer, and a variety of business torts. Traci has also served on national and local counsel teams defending pharmaceutical, medical device, and equipment manufacturers in product liability litigation, with a particular focus on handling complex issues such as preemption and personal jurisdiction. In addition to her trial level practice, Traci represents clients in appellate matters, including direct appeals and as amici curiae.
A former certified public accountant, Traci started her career at Arthur Andersen LLP as an auditor and business consultant in the firm’s offices in the Bay Area and Sydney, Australia. She served both publicly traded and privately held clients in diverse industries including finance, hospitality, entertainment, and municipal government. Traci then worked for several years in software and web production in San Francisco and New York City before attending Harvard Law School. Before joining KBK, she was a litigation partner at Kirkland & Ellis LLP, then practiced at Tucker Ellis LLP for almost a decade.
With more than two decades of experience serving clients in a variety of business advisory roles, Traci brings to her litigation matters a distinctive perspective that greatly enhances her ability to find creative solutions for clients. Trained in language, auditing, system dynamics, and the law, she has honed her ability to dissect complex legal issues and craft clear, concise, and persuasive arguments to bring clients’ litigation matters to efficient and favorable resolution, whether in mediation, at trial, or on appeal.
PROFESSIONAL EXPERIENCE
Kirkland & Ellis LLP,
Associate (2007 - 2013)
Partner (2013 - 2014
Keller Benvenutti Kim LLP
Partner
(2023 – present)
Tucker Ellis LLP,
Counsel
(2014 - 2023)
sPEAKING & WRITING engagements
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Choate, P.L. and Shafroth, T.L. (2021). Damages Theories and Defenses. In C.E. Ward-Reichard (Ed.), Mass Torts in the United States, Strategy and Practice (1st ed., pp. 131–194). American Bar Association.
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"Punitive Damages - Which State's Law Applies?," DRI's For The Defense (September 2018)
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"Biologics and the Heeding Presumption," IADC Drug, Device and Biotechnology Newsletter (January 2015)
organizations & groups
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American Bar Association
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State Bar of California
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Defense Research Institute
REPRESENTATIVE ENGAGEMENTS
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Member of trial team that won a complete defense verdict for an elevator company in a personal injury jury trial in which the jury awarded over $5 million in damages against other defendants; lead appellate counsel in related appeals.
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Counsel for California and national medical associations participating as amici curiae protecting the Medical Injury Compensation Reform Act in the California Courts of Appeal and California Supreme Court.
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Member of trial team that won a complete defense verdict in a Philadelphia jury trial defending a manufacturer of a prescription anticoagulant.
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Member of trial team that defended a manufacturer of prescription diabetes medication in federal and state courts throughout the country.
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Represented aircraft engine manufacturer in trial court and appellate matters seeking enforcement of a foreign judgment.
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Appellate counsel for a foreign manufacturer in an appeal involving failure to serve summons within the statutorily designated time limit.
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Member of trial team that defended a foreign pharmaceutical company in a California Coordinated Proceeding involving more than 900 cases alleging cancer resulting from the use of a diabetes medication.
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Member of trial team that defended a pharmaceutical company in product liability actions alleging cancer, infectious disease, and neurological injuries resulting from medication for autoimmune diseases at the trial and appellate levels in federal and state courts around the country.
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Defended a medical device manufacturer in Texas and California actions alleging defects in hip implants.
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Defended tobacco company in $525 million action alleging fraudulent conveyance and alter ego claims related to asbestos liability.
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Defended pharmaceutical companies in a product liability coordinated proceeding alleging personal injuries caused by the generic drug metoclopramide, successfully obtaining stipulated dismissal for all clients.
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Defended a Fortune 500 financial services company in litigation in California state court alleging breach of fiduciary duty, unfair competition, tortious interference, breach of contract, and related claims.
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Defended private equity firm and its software portfolio company in litigation in New York and Massachusetts state courts alleging fraud, breach of contract, and promissory estoppel.
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Represented a private equity firm and software portfolio company in an accounting arbitration of a net working capital dispute, securing substantial client award.
* Other representations available upon request.