David McCarthy

Of Counsel

A veteran litigator and trusted advocate, David McCarthy has decades of experience representing businesses and individuals in complex commercial disputes with a focus on healthcare and managed care, contracts, and other corporate matters. His clients include businesses, hospitals, health systems, physician groups, and investors. David is a highly analytical and collaborative lawyer in search of positive outcomes for his clients. He leverages his natural curiosity and creativity to defend against wrongs, prioritize the best path forward, and resolve promises not fulfilled.

David litigates a wide variety of business disputes, including breach of contract and fiduciary duty, enforcement of contracts, corporate veil piercing, securities fraud, leveraged lease portfolios, business trade secrets, managed care litigation, payor disputes, compliance, and fraudulent conveyances. Additionally, he has represented creditors and debtors in bankruptcy proceedings, and handled matters involving aircraft leases, aircraft equipment trusts, and construction contracts.

Outside of the courtroom, David is a valued business advisor. Known for his extensive litigation background and keen foresight, clients look to him for guidance on operational matters, including structurings and restructurings, corporate governance and compliance issues, and strategic preparation of incorporation documents, operating agreements, and contract provisions. Additionally, he has represented families with estate planning and estate executors in probate proceedings.

Courts

  • United States District Court for the Southern and Eastern Districts of New York
  • United States District Court for the District of New Jersey
  • United States Court of Appeals for the Second, Third and Ninth Circuits

Bars

New York
New Jersey

Education

J.D., Fordham University School of Law, 1986 (Law Review)
B.A., Fordham University, 1983 (Phi Beta Kappa, summa cum laude)