Richard practices in insurance, government and business litigation and white-collar criminal defense, with emphasis on complex government, commercial, corporate and technology litigation, antitrust, and federal fraud cases. His experience includes securities and commercial class actions, close corporation disputes, technology disputes, ERISA actions, administrative law, federal anti-dilution act and other trademark-related disputes. He has practiced in federal and state courts in Massachusetts, New Hampshire, Maine, Rhode Island, New York, Delaware, Kansas, and California, and before federal and state regulatory agencies, including the United States Securities and Exchange Commission, the United States Federal Trade Commission, the United States Department of Health and Human Services and the Department of the Army.
Richard's clients have included banks, individuals, corporate officers and directors, leasing companies, hospitals, medical practices, architects, owners of commercial real estate, trade associations, manufacturers of products as diverse as computer equipment and water meters, and individual businesses whose products run the gamut from dialysis equipment to software.
•Represented a software company in Securities and Exchange Commission investigation into stock option backdating.
•Represented a health care company in Chapter 93A litigation concerning billing issues.
•Represented a health care company in an investigation conducted by the Massachusetts Office of the Attorney General.
•Represented an insurer in connection with a Massachusetts Office of the Attorney General investigation concerning minimum mandated benefits.
•Represented individuals in federal securities fraud cases alleging accounting fraud.
•Represented individuals and a corporation with respect to Securities and Exchange Commission investigations concerning statements made in connection with a public offering, in press releases and in Form 10-K filings.
•Represented individuals in connection with Securities and Exchange Commission insider trading investigations.
•Represented individuals, ophthalmology practices, hospitals and health care business in Medicare and Medicaid fraud and False Claims Act grand jury proceedings.
•Represented individuals, a pharmaceutical company, and medical practices in connection with federal and state anti-kickback statute grand jury proceedings.
•Represented individuals in a federal False Claims Act grand jury investigation concerning billing for tests performed.
•Represented a food distributor in Sherman Act litigation.
•Represented a trade association in successfully challenging the constitutionality of a municipal ordinance.
•Represented a trade association in successfully challenging a state board's authority to promulgate an administrative regulation.
•Handled an insurer's claim against his broker for negligence in obtaining securities fraud coverage.
•Represented an insurer with respect to commercial general liability claims arising out of the CA/T project.
•Represented insurers in connection with several construction defect coverage actions arising under commercial general liability policies.
•Represented a petroleum company in a pricing-related investigation by the Massachusetts Office of the Attorney General.
•Represented a public charity in an investigation by the Massachusetts Office of the Attorney General concerning the use of charitable assets.
•Represented the principal in a local company in connection with a SEC securities fraud investigation.
•Represented an insurer in connection with Mass. Office of the Attorney General investigations concerning the placement of insurance.
•Represented a financial services company in a multi-state/Federal Trade Commission consumer fraud investigation.
•Represented a financial services company in connection with a grand jury investigation including mortgage fraud.
•Represented a high-tech manufacturing company in securities class action litigation.
•Represented a financial services company in a series of purported class actions raising a variety of commercial law issues.
•Represented the lessor of equipment in a purported class action arising from post lease servicing issues.
•Represented former chief executive officer, director and pension plan trustee in ERISA/breach of fiduciary duty litigation arising from a leveraged buyout done by an ESOP.
•Represented defendants in criminal fraud cases, including allegations of tax fraud, money laundering, and check-kiting.
•Conducted an internal investigation on behalf of a corporation concerning vendor contracts.
•Conducted an internal investigation on behalf of a corporation's board of directors concerning unauthorized currency trading activities.
•Conducted an internal investigation on behalf of a corporation concerning currency transaction reporting issues and the making of corrective filings.
•Represented a defense contractor in criminal and administrative proceedings concerning allegations of False Claims Act violations due to false certification of the design of a component.
•Represented a high-tech manufacturing company and a financial services company in shareholder appraisal actions.
•Represented a high-tech manufacturing company in securities fraud litigation.
•Represented a financial advisory company and its principals in a close corporation/partnership dispute.
•Represented high level executives for financial services and technology companies in termination-related litigation.
•Represented insureds in general liability and director and officer liability litigation.
•Handled a number of commercial and corporate arbitrations done pursuant to agreement or AAA supervision.
•Represented high technology company in an International Chamber of Commerce arbitration concerning termination of an offshore distributor.
Before Edwards Wildman
Richard left private practice and served as an Assistant United States Attorney in the Southern District of New York and as Deputy Chief Counsel to the Massachusetts Special Commission Concerning State and County Buildings (the Ward Commission). He was then a partner at another Boston law firm before joining our Firm.
Besides Edwards Wildman
Richard is active in local Boston area pro bono legal services and political and educational organizations. He has served for many years as a member of the Board of Directors of the Volunteer Lawyers Project, of which he is currently Chair. Richard has also served for many years as a precinct representative on the Charlestown Neighborhood Council, was a Board Member of the Charlestown Preservation Society, and was a Trustee and member of the finance committee of the Advent School Board in Boston. He currently is Chair of the Board of Trustees of the Newman School in Boston.
•Richard is a fellow of Litigation Counsel of America, an invitation-only trial lawyer honorary society. Fellows are selected and invited into Fellowship after being evaluated on effectiveness and accomplishment in litigation and trial work, along with ethical reputation.
•Richard has been named a Massachusetts Super Lawyer by Boston Magazine for many years, most recently 2012, and a Criminal Defense: White Collar Super Lawyer in the Corporate Counsel Edition in 2010.
•Richard has received an AV Preeminent (5.0 out of 5) Peer Review rating from Martindale-Hubbell, signifying achievement at the highest level for both legal ability and ethical standards.
Edwards Wildman's Richard McCarthy and Eric Hermanson Discuss Impact of Stringfellow Ruling in Law360 Insurance & Reinsurance Blog
October 19, 2012 publication
Edwards Wildman: California Supreme Court: All Sums With Stacking In Stringfellow Case
August, 2012 publication
Reuters Runs Article by Richard McCarthy on Increasing Investigations into Insurance Practices
October 14, 2011 publication
Client Advisory - Supreme Court Rules Mutual Fund Investment Advisor Not Liable for Securities Fraud in Private Securities Fraud Action
June 2011 publication
Writing in Law360, Richard McCarthy and Jamie Notman Look at Loss Calculation as a Factor in Sentencing
June 13, 2011 publication
Client Advisory - The United States Supreme Court Scales Back Use Of The “Honest Services” Law To Prosecute Corporate Corruption
June 28, 2010 publication
Unsuspecting Employees Can Be Snared
July/August 2009 publication
Client Advisory - Fraud Enforcement and Recovery Act of 2009 Expands False Claims Act and Money Laundering Liability
May 2009 publication
Client Advisory - Second Circuit Affirms Dismissal of Indictments Against KPMG Employees
September 2008 publication
Client Advisory - Cooperation May No Longer Mean Abandoning Duty to Advance Defense Costs
June 29, 2006 publication
Edwards Wildman's Rich McCarthy and Alex Henlin Coverage for 'Additional Insureds' Under Subcontractor Liability Policies in Westlaw Journal Insurance Coverage
April 30, 2013 news
Edwards Wildman's Richard McCarthy Discuss Impact of Stringfellow Ruling in Law360
October 19, 2012 news
Reuters Runs Article by Richard McCarthy on Increasing Investigations into Insurance Practices
October 17, 2011 news
EAPD Attorneys Selected For Inclusion in Super Lawyers 2010
October 7, 2010 news
EAPD Attorneys Selected For Inclusion in Super Lawyers 2009
November 6, 2009 news
Attorneys recognized at EAPD's Second Annual Pro Bono Award Reception
June 25, 2008 news
EAPD Attorneys Named Super Lawyers 2007
October 30, 2007 news
Edwards Wildman Lawyers Honored as Massachusetts Super Lawyers
November 1, 2006 news