Robert F. McCarthy
Partner
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.
Exceptionally sensitive to insurers’ needs and expectations, Bob draws 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 began his career in private practice providing advocacy, counsel, and coverage opinions to the Lloyd’s of London insurance market. Then he spent three years as an Assistant District Attorney in Bronx County, where he primarily prosecuted felony offenses and conducted numerous jury trials and investigations.
Industries
Honors & Awards
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
Admissions
- New York
- 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
Professional Affiliations
- Claims and Litigation Management Alliance (CLM)
- Cyber, Management, and Professional Liability Community
- 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
- Long Island Claims Association
- 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
Training and Certifications
- Certified Litigation Management Professional
- Certified Claims Professional in Cyber Claims
- Department of Labor OSHA-30 Construction Training
Publications & Presentations
- Quoted in “‘Claims in Every Form of Coverage’: Coronavirus Set to Test Insurers,” Advisen, March 13, 2020
- “Analysis of FTC Hearing on Competition and Consumer Protection: Part II” (Co-Author), Advisen, December 20, 2018
- “Analysis of FTC Hearing on Competition and Consumer Protection: Part I” (Co-Author), Advisen, December 17, 2018
- “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
- “Defending COVID-19 Negligence Claims” (Co-Presenter), GS Webinar Series, May 21, 2020