Tracy Walters McCormack, Esq., joins JAMS in Austin after retiring as director of advocacy at the University of Texas at Austin School of Law. As a senior lecturer and director of advocacy, Prof. McCormack instructed generations of UT lawyers in Texas civil procedure, evidence, trial advocacy and dispute resolution advocacy. Under her leadership, the UT program achieved national recognition for its integrated offering, featuring classes, interscholastic teams and institutes backed by innovative research in the field. She remains a senior lecturer teaching Torts and Negotiation among other classes.

Immediately prior to joining the legal academy, Prof. McCormack practiced insurance/reinsurance, ERISA, complex litigation and appellate law for the AmLaw 100 firm Akin, Gump, Strauss, Hauer & Feld, LLP. Her work in the insurance industry encompassed all aspects of litigation and regulation, formation, rate setting and coverage. She has worked with insurers, hospitals and doctor groups in a wide variety of corporate and provider settings. Prior to her practice with Akin Gump, she maintained a traditional litigation practice, including commercial, personal injury, fiduciary and energy litigation.

As a neutral, Prof. McCormack has helped resolved disputes in:

• Arbitrated discovery and privilege review matters, including an IP dispute over prior art, as well as claim construction and patent infringement
• Employment matters, including mediation of state and federal law claims for wrongful termination and sexual harassment
• Mediated personal Injury matters, including medical malpractice and catastrophic injury

Prof. McCormack has also:

• Served as a discovery referee in commercial disputes involving breach of contract and fiduciary duty
• Facilitated or presided over numerous mock trials, mock arbitrations and stakeholder focus groups

As an educator, in-house counsel or lawyer in private practice, Prof. McCormack has litigated, tried and settled a wide array of matters, including those in the following areas:

Representative Matters

• Business Commercial
• As an advocate, handled regulatory investigations with the Food and Drug Administration and other federal and state regulatory agencies
• As an advocate, handled personal injury and medical malpractice defense
• As an advocate, handled commercial and residential construction litigation
• As an advocate, handled “take or pay” energy litigation
• Health Care
• As an advocate, Ms. McCormack was lead regional counsel for a Fortune 100 insurance carrier. She tried and managed its litigation throughout Texas, including:
  • ERISA mass and class actions, including coverage for experimental treatments
  • Dissolution of largest health carrier and doctor provider group in Austin
  • Investigations by attorneys general and other regulatory agencies
  • Rate formation and rate setting by the Texas Department of Insurance
  • Formation of insurance entities, risk pools and non-subscriber entities
• Insurance
• As an advocate, litigated Deceptive Trade Practices Act, breach of fiduciary duty, bad faith and “vanishing premium” disputes
• As an advocate, advised entities on policy, coverage and fiduciary litigation, and handled related business and governmental disputes

Honors, Memberships, and Professional Activities

Admissions

• Supreme Court of the United States
• State Bar of Texas

Memberships and Affiliations

• President, National Board of Trial Advocacy, 2022–2024
• National Board Member, American Board of Trial Advocates(ABOTA)
• Co-Chair, Public Education Committee, ABOTA Foundation, 2022–2023
• Founding Member; Specialization Commission for Patent Litigation, Complex Litigation and Appellate, 2019–2023
• Member, Pattern Jury Charge Committee, Negligence, State Bar of Texas, 2021–2023
• Member, TIPS Law Professor Committee, American Bar Association, 2022–2023
• Member, Board of Trustees, National Institute for Trial Advocacy (NITA), 2018–2022
• Chair, Public Service and International Committee, NITA, 2021–2022
• Law Ed Board Member, National Association of Women Judges, 2018–2020
• American Inns of Court
  • Past President and Emeritus Master Member, Lloyd Lochridge American Inn of Court, 2010–2023
• Member, Fifth Circuit Judicial Conference Planning Committee, 2019

Professional Registrations, Licensures and Certifications

• Certified Mediator, Dispute Resolution Center, June 2017
• Arbitration Training American Bar Association, 2009
• National Order of Barristers, 1986

Selected Publications

• Author, Remote Advocacy in a Nutshell, West, 2021
• Co-Author, The First Trial: Where Do I Sit? What Do I Say? West, Third Edition, 2016

Selected Speaking Engagements

• Litigation Update, State Bar of Texas, 2022-2024
• The Inner Circle of Advocates, June 2022
• NITA Webinar Jury Selection, Sept. 2023
• ABOTA Trial Academy, June 2022
• Winning at Deposition (virtual), UT Law CLE, April 21, 2021
• Page Keeton Civil Litigation Conference (virtual), UT Law CLE, April 22, 2021
• Annual Ultimate Trial Notebook Program Panelist (virtual), May 10, 2021
• Advocacy in Children's Immigration Proceedings (virtual), NITA, Aug. 4, 2021
• Instructor, Advocacy in Arbitration (four-part online course), Arbitrate University, 2021
• Keynote Speaker (virtual), SEABOTA Trial by Women Forum, June 2, 2021
• Speaker (virtual), NITA/Lawyers Without Borders, Kenya and Nigeria, Dec. 9, 2020

Background and Education

• The University of Texas at Austin School of Law
  • Senior Lecturer, 2022–2023
  • Director of Advocacy, 2000–2022
  • Adjunct Professor, 1990–2000
• Senior Counsel/Associate; Akin, Gump, Strauss, Hauer & Feld LLP; 1991–2000
• Attorney, Cigna Austin Field Litigation Office (Law Offices of Curtis J. Kurhajec), 1990–1991
• Associate; Clark, Thomas, Winters & Newton; 1986–1990
• Briefing Clerk, West Virginia Supreme Court of Appeals, Hon. Thomas B. Miller, Presiding Justice, May 1984–August 1984
• J.D., The University of Texas at Austin School of Law, 1986
• B.A.; English, Philosophy and Theology; University of Notre Dame; 1983