Dianna D. McCarthy

Partner

Dianna D. McCarthy

Partner

Locations

New York, NY | Jersey City, NJ

Contact

New York, NY
F (212) 221-6989
Jersey City, NJ
F (201) 633-3631

Biography

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 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.

Representative Decisions

  • 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
  • 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
  • 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)

Alerts

  • What’s New in Website Lawsuits?,” WSSLLP Alert, June 12, 2018
  • “EU General Data Protection Regulation Effective May 25, 2018,” WSSLLP Alert, Co-author, May, 21, 2018
  • “Mandatory Changes are coming to New York State and possibly New York City Employers in the Fight against Sexual Harassment!,” WSSLLP Alert, Co-Author, April 19, 2018
  • “Standing under Spokeo has been established,” WSSLLP Alert, August 3, 2017
  • “Nationwide initiative to Get in Cyber Shape is underway!,” WSSLLP Alert, August 1, 2017
  • “As the ADEA turns 50, will Congress act to make it relevant again?,” WSSLLP Alert, June 15, 2017
  • “NYS Department Financial Services now sets Sights on Title Insurers,” WSSLLP Alert, May 5, 2017
  • “Cybersecurity Requirements – First New York, is Colorado Next?,” WSSLLP Alert, April 17, 2017
  • Make it accessible or SHUT IT DOWN!, WSSLLP Alert, April 16, 2016
  • The 7th Circuit Strikes Again!, WSSLLP Alert, April 15, 2016
  • Guidance from the EEOC on Retaliation will be coming soon!, WSSLLP Alert, January 28, 2016

Seminars

  • Annual Cyber Liabilities Insurance ExecuSummit, Co-Chair and Speaker (2012-2019)
  • Diversity, Inclusion, and Elimination of Bias Meets Artificial Intelligence and Robots, Speaker, CLM New York Conference, December 12, 2018
  • Emerging Cyber Risks for Financial Services Companies, Speaker, CLM Cyber Summit, October 12, 2018
  • New and Emerging Trends in Cyber, Panelist, PLUS Southwest Chapter Cyber Seminar, September 27, 2018
  • Diversity, Inclusion, and Elimination of Bias Meets Artificial Intelligence and Robots, Moderator, EPLI Fall ExecuSummit, September 25, 2018
  • Data Security and Privacy Litigation, Speaker, (TCGI) “The Exchange” Data Privacy and Cybersecurity Forum New York, May 23, 2018
  • Technology in the workplace – Biometric Litigation, AI, Robotics, Speaker, EPLI Spring ExecuSummit, April 10, 2018
  • The Intersection of Technology with EPL/MPL/E&O/D&O and Cyber Policies, Speaker, CLM Annual Conference, March 15, 2018
  • Wearables in the Workplace, SpeakerCLM MPL Webinar, January 25, 2018