Mr. McCarney is a partner in the Business Trials practice group in the firm's New York office.
Areas of Practice
Mr. McCarney has been in private practice since 1982. He has handled a wide variety of civil and criminal litigations in federal and state courts, as well as arbitrations in the US and Europe. Prosecuting and defending claims on behalf of both domestic and international clients, Mr. McCarney has served as trial and appellate counsel in cases involving accounting, contract, corporate, partnership, securities fraud, RICO, banking, intellectual property, real estate, trust and estates, non-competition and employment law. During the course of his work for international clients and organizations, Mr. McCarney has often been called upon to bring issues of international law into focus for consideration and application by US tribunals.
Incident to his trial practice, Mr. McCarney has developed expertise in representing senior executive and investment banking clients in connection claims arising from their employment, as well as related issues under applicable director and officer's liability policies and other indemnification sources.
Experience
Representative Experience
· Morgenthau v. Avion Resources Ltd. As lead counsel for a group of Brazilian depositors, secured vacatur of a criminal forfeiture order for assets in excess of $630 million.
· U.S. ex rel. Klimasewiski v. UnitedHealth Group. Represented a whistleblower in obtaining a more than $20 million recovery on behalf of the US under the qui tam provisions of the Federal False Claims Act arising from fraudulent overbilling in the administration of the federal Medicare program
· Brown v. Credit Suisse First Boston (USA), Inc. Secured dismissal of both arbitration and legal proceedings seeking to enforce non-compete provisions against a departing investment banking group
· Cello Holdings, L.L.C. v. Lawrence-Dahl Cos. Defeated summary judgment on behalf of a cyberarbitrageur in a seminal case establishing standards for proving intent under the federal Anticybersquatting Consumer Protection Act
· Marshall v. Stark. Represented a Hawaiian developer in securing summary dismissal of claims arising from a partnership formed to develop luxury condominiums on David's Island off of New Rochelle in Long Island Sound
· Penthouse Terraces, Inc. v. McGrath. Served as lead trial counsel in an action vindicating an Austrian purchaser's right to convert rooftop maid's rooms into a luxury penthouse condominium over the objection of the condominium board of the Landmark Fifth Avenue building
· Semida v. Rice. Obtained a verdict dismissing defamation and tortious interference claims as lead trial counsel for a Somalian agent in a dispute with a US-based trading company over SBA-financed contracts administered by USAID
· Silverston v. de Mattos. As lead trial counsel for a Brazilian international trading company, secured vacatur of an attachment order restraining its US-based assets and obtained an injunction restraining continuing interference with operations and accounts from its former New York agent.
· Doe v. Columbia University. Represented a victim of rape and sexual assault in prosecuting claims for breach of campus security.
· Transport Properties, Inc. v. ABC Treadco, Inc. Secured summary dismissal of claims for a real estate brokerage commission on behalf of a nationwide trucking concern arising from sale of a Mid-Atlantic trucking terminal hub.
Memberships
· Member, Association of the Bar of the City of New York
Speeches
· "Document Retention-Ethical, Legal & Practical Advice: How to Ensure That Your Clients Preserve Necessary Documents." City Bar Center for CLE, (March 25, 2008). Presented with Professor Elizabeth Goldman (Cardozo), Steven G. Rawlings (SEC-NY), Joanna Goldenstein (KPMG).