Dianna McCarthy

Practice Areas:

Cyber Law, Technology Law, Labor and Employment, Professional Liability, Civil Rights Violations; Blogger Liability; School Leaders and Municipal Leaders as well as Healthcare Industry Providers; Prisoner Litigation, and Medical Malpractice
Office Locations: New York and New Jersey
Tel: New York: (212) 221-6900
New Jersey: (201) 633-3630
Fax: New York: (212) 221-6989
New Jersey: (201) 633-3631


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Dianna D. McCarthy is a partner of Winget, Spadafora & Schwartzberg, LLP. Ms. McCarthy's practice today focuses primarily on Technology and Cyber disputes as well as Labor and Employment issues. She regularly handles disputes related to systems implementation, software development and licensing and IT intellectual property. She assists clients as a "breach coach" to coordinate and quarterback responses to data breaches or incidents. As respects her Labor and Employment practice she defends executives and business against allegations of wrongdoing including claims of sexual harassment; failure to hire and/or promote; wrongful termination; discrimination; retaliation (including False Claims Act Retaliation) and enforcement of covenants not to compete. She counsels clients on creating Best Practices for both Cyber and Employment protocol.

Although Ms. McCarthy's practice has evolved through the years to its primary focus, she continues to handle a variety of civil litigation matters such as medical malpractice including obstetrics and neonatal care, commercial litigation, civil rights violations, blogger liability, privacy claims, theft of trade secrets, defense of school leaders and municipal leaders as well as healthcare industry providers.

She also defends professionals including attorneys, accountants, architects and engineers, doctors, nurses, financial services industry professionals, mortgage brokers, appraisers, title agents home inspectors, and insurance agents and brokers. She defends not for profit homeowners associations, housing cooperatives and condominiums in New York and New Jersey. Finally, Ms. McCarthy defends private prisons against claims asserted by inmates.

Ms. McCarthy was a 2015 Finalist for CLM Outside Counsel of the Year Award. Ms. McCarthy is a member of the Professional Liability Underwriting Society ("PLUS") and is an active member of the Steering Committee for the Eastern Chapter of PLUS. She is also a member of CLM and serves on its Cyber Law Committee.

Ms. McCarthy has won many Motions to Dismiss and Motions for Summary Judgment. She also has a proven Appellate practice and has been successful at Trial and Arbitration. Ms. McCarthy has defended insurance industry professionals before the New York Department of Financial Services and New Jersey Department of Banking and Insurance without imposition of sanctions, suspension or license forfeiture to her clients. She also has successfully defended Home Inspectors before New Jersey's Home Inspection Advisory Committee.

Ms. McCarthy regularly speaks across the country at conferences and industry associations. She is a frequent invited guest speaker to trade groups and regularly posts on LinkedIn.

Ms. McCarthy earned her B.A. from Miami University. She received her J.D. from Widener University School of Law and an LL.M. in taxation from Villanova University School of Law.

Ms. McCarthy is admitted to practice law in New York, New Jersey, and Pennsylvania. She is also admitted to practice in the U.S. District Courts for the Western, Northern, Southern and Eastern Districts of New York; the District of New Jersey; the District of Connecticut; the U.S. Circuit Court of Appeals for the Second and Third Circuits; and the U.S. Tax Court.

Representative Verdict

  • Vanguard Dealer Services, LLC v. Greg T. Scarano, Superior Court of New Jersey Chancery Division, Docket No.: C-33-05. Court granted Summary Judgment pre-trial regarding counterclaim for Wrongful Termination and Intentional Infliction of Emotional Distress. At Trial, Court found non-compete agreement to be enforceable and dismissed counterclaim for Defamation.

Representative Award

  • Mario Conforti v. Anthony E. Locascio, FSC Securities Corporation, FINRA Case Number 10-05264. Causes of action against all Respondents dismissed. Claimant is liable for, as a sanction, attorneys' fees and costs to Respondent Locascio. The Panel recommended the expungement of all references to the arbitration from Respondent Locascio's registration records maintained by the CRD.

Representative Decisions

  • Randall s. Newman and Mirav M. Newman v. Wells Fargo Bank, N.A., et al., 2011 NY Slip Op 4730; 85 A.D.3d 435; 924 N.Y.S.2d 264; 2011 N.Y. App. Div. LEXIS 4655. Appraisals are not actionable in New York because they are matters of opinion.
  • Julia Gere v. Frank Louis, et al., 2010 N.J. Super. Unpub. Lexis 2123. Court affirmed dismissal of legal malpractice claims against client based on Puder v. Beuchel, 183 N.J. 428 (2005).

Conference Chairperson

  • Co-Chair, ExecuSummit's Cyber Liabilities Conference, April 2012-2017

Conference Speaker

  • American Staffing Association Staffing Law Conference, “Surviving Client Indemnity Clauses and Other Risks,” April 2010
  • ExecuSummit's Cyber Liabilities Conference, “Corporate Risk and Social Media,” April 2012
  • ExecuSummit's Cyber Liabilities Conference, “Hot Topics in Data Security & Privacy Litigation,” April 2013
  • ExecuSummit's Cyber Liabilities Conference, “Litigation Trends in Cyber Liability,” April 2014
  • CLM 2014 Cyber Liability Summit, “Data, Data and More Data,” October 2014
  • ExecuSummit's Cyber Liabilities Conference, “Hot Data Beach and Litigation Issues,” April 2015
  • ExecuSummit's EPLI Spring Conference, "eWorkplace: Employment Litigation in the Digital Age - From Underwriting and Coverage to Claims and Litigation," April 2017


  • “New and Upcoming Employment Legislation,” February 20, 2009
  • “Law of Cooperatives and Condominiums,” January 2009
  • “Employment Law Update,” Yearly 2010-2017
  • “False Claims Act,” April 2014
  • “Insurance Agent Liability,” December 2014
  • “Litigation and Discovery in the Digital Age,” March 2017


August 3, 2017 August 1, 2017 June 15, 2017 May 5, 2017 April 17, 2017 January 11, 2017 October 14, 2016 April 15, 2016 April 14, 2016 January 28, 2016 April 24, 2015 April 23, 2015 September 9, 2013 January 4, 2013 February 8, 2012 August 31, 2011 June 29, 2011 November 10, 2010