Dianna McCarthy


Dianna McCarthy



New York, NY | Jersey City, NJ


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


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)



  • Cyber Liabilities Insurance ExecuSummit, Co-Chair, April 2012-2019