Robert F. McCarthy, a trial and appellate lawyer with over 25 years of experience, has represented individual litigants, business entities, and insurers in state and federal courts, arbitrations, and declaratory judgment actions, and has tried numerous cases to verdict in matters ranging from complex contractual disputes to multimillion-dollar first- and third-party litigation. With experience in policy planning and enterprise risk management as well as oversight of litigation on a national scale, Bob maintains a particular focus on complex and high-exposure litigation involving commercial, excess and surplus, and specialty lines of insurance. Equally adept as a lead trial attorney and tactician and as a high-volume litigation strategist, with a penchant for continuously improving processes and finding new efficiencies, Bob utilizes large-scale data collection and analysis and proven claims-handling procedures to deliver unexcelled service to his clients.

A member of the Claims and Litigation Management Alliance (CLM), Bob is a Certified Litigation Management Professional (CLMP) and additionally earned his designation as a Certified Claims Professional (CCP) in Cyber Claims as a member of the inaugural class of the CLM School of Cyber Claims. Exceptionally sensitive to insurers’ needs and expectations, he drawing on experience and insights earned over nearly two decades in-house at a Fortune 75 insurance company. Bob started his tenure as a trial attorney in the company’s New York City office before taking on responsibility for regional oversight of all commercial lines litigation in New York and the Northeast. He eventually assumed national responsibility for large-loss, complex commercial and construction defect litigation strategy, quality, and customer relationships in over 50 law offices in 26 states. Bob had oversight of several thousand lawsuits and was accountable for development, training, and maintenance of a national practice group of over 120 lawyers.

Bob earned his bachelor’s at St. John’s University and earned his J.D. at Fordham University School of Law. He began his career in private practice providing advocacy, counsel, and coverage opinions to the Lloyd’s of London insurance market, before spending three years as an Assistant District Attorney in Bronx County, where he primarily prosecuted felony offenses and conducted numerous jury trials and investigations.

Dedicated to the insurance industry and to improving the standards and practices of the attorneys and firms who serve it, Bob is very active in legal and professional organizations. He is a member of the Federation of Defense and Corporate Counsel, CLM’s Construction Claims Committee, DRI’s Workers' Compensation and Data Management and Security Committees, and the New York State Bar Association (NYSBA) Trial Lawyers Section, and was a representative for consecutive terms in NYSBA’s House of Delegates. Bob is also past chair of NYSBA’s 2,700-member Torts, Insurance, and Compensation Law (TICL) Section and currently serves on the Section’s Executive Committee. He frequently lectures on topics important to the legal and insurance communities. In 2016 he was the recipient of the NYSBA TICL John E. Leach Memorial Award for outstanding service and distinguished contributions to the legal profession.

Training and Certifications
  • Certified Litigation Management Professional, CLM
  • Certified Claims Professional in Cyber Claims, CLM
Honors
  • New York State Bar Association Torts, Insurance, and Compensation Law Section John E. Leach Memorial Award, 2016
  • New York State Bar Association Torts, Insurance, and Compensation Law Section Committee Chair of the Year Award, 2009
Professional Affiliations
  • Claims and Litigation Management Alliance (CLM)
  •      Construction Claims Community
  •      Fellow, 2014–18
  • Federation of Defense and Corporate Counsel (FDCC)
  • Defense Research Institute (DRI)
  •      Workers’ Compensation Committee
  •      Data Management and Security Committee
  • New York State Bar Association
  •      Trial Lawyers Section
  •      Torts, Insurance, and Compensation Law Section
  •           Chair, 2013–14
  •           Executive Committee, 2004 to present
  •           NYSBA House of Delegates Representative, 2013–17
Community Involvement
  • Board Member, United States Naval Academy Parents Club of Long Island
  • United Way
Admitted to Practice
  • New York State
  • The District of Columbia
  • U.S. District Courts for the Southern and Eastern Districts of New York
  • U.S. Supreme Court
Education
  • Fordham University School of Law, J.D., 1993
  • St. John’s University, B.A., 1986
Presentations
  • “Controlling Labor Law Outcomes: Mitigation of Damages, Experts, and Strategy,” CLM Construction Claims Conference, San Diego, CA, September 2016
  • “Back to the Future of the Legal Profession – The Modern Day Legal Apprentice,” NYSBA Annual Meeting CLE, New York City, NY, January 2014
  • “The ‘ICL’ in TICL — Insurance, Compensation, Law:  The State of the Industry,” NYSBA TICL, Annapolis, MD, August 2013
  • “Excess, Surplus and Specialty Lines Insurance,” NYSBA Annual Meeting CLE, New York City, NY, January 2013
  • “Emerging from the Legal Stone Age:  The Advent of the Wired Courtroom, Advances in Demonstrative Evidence, and the Cyber Law Office,” NYSBA TICL, San Diego, CA, April 2008
  • “Ethical Issues Relating to Depositions and Attorney Advertising,” NYSBA TICL, Rio Grande, Puerto Rico, April 2007