|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|
|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.
ArticlesJune 15, 2017