Mr. McCarthy is a partner in the commercial litigation and insurance practice groups. He specializes in representing emerging and established businesses in commercial and insurance disputes. Distinguished by his extensive litigation and trial experience, Mr. McCarthy has been named to the California Rising Stars list as one of the top attorneys in California for 2011.

Mr. McCarthy has litigated commercial disputes, intellectual property disputes, franchise disputes, internal investigations, FINRA investigations, securities disputes, insurance coverage disputes, and products cases. Mr. McCarthy began his career in an expansive transportation and insurance fraud practice before graduating to more complex products liability and insurance coverage actions. These practices provided Mr. McCarthy with unparalleled deposition, dispute resolution, and jury trial experience. He is on the board for the county's insurance law practice group section.

Mr. McCarthy spent two years at Bergeson, LLP as an associate practicing business and insurance litigation. During law school, he was a law clerk at the United States Attorneys' Office and an intern at the Office of the Public Defender, Santa Clara County.

Highlights:

• Lackner v. Barrett, Santa Cruz County, CV 143868: Successfully obtained a defense verdict as first chair in jury trial on claim in excess of $1.2 million.
• NUFIC v. Federal Ins. Co., N.D. Cal., C-99 20502 JF: $7.57 million recovery after summary judgment motion regarding insurance coverage issues.
• Successfully represented manufacturer in semiconductor industry in misappropriation of trade secrets case in federal district court.
• Obtain relief from default judgment and insurance coverage for automobile policyholder in underlying personal injury lawsuit.
• Successfully represent major international insurance company in bad faith/breach of contract lawsuit regarding a D&O policy.
• Successfully represent former CEO in fraud/breach of contract causes of action.
• Obtain dismissal of high net worth individual in federal district court on a personal jurisdiction grounds.
• Successfully represent partner in partnership dispute regarding partnership assets.
• Successfully represent audit board in internal investigation regarding employee allegations of financial irregularities in publicly traded company.
• Eigenman v. Shaw, Santa Clara County, 1-05-CV-034655: obtained dismissal with prejudice in exchange for waiver of costs - the seventh of such dismissals.

EDUCATION

Santa Clara University School of Law, J.D. (1997) (Trial Team) (Top 25% of Class)
Boston College, B.A. (History) (1994) (ROTC Scholarship)

OTHER EXPERIENCE, SKILLS, AND INTERESTS

Commissioned Officer U.S. Navy (IRR). Founder and President of Soccer Silicon Valley, business trade association. Vice President, SSV Community Foundation, a 501(c)(3) organization. Lector at local parish. Soccer Coach.