John G. McCarthy is a Partner and Head of the Litigation Practice in the Firm’s New York office, a member of the Firm’s Intellectual Property Law Group and its Commercial and Bankruptcy Law Practice.
Mr. McCarthy first and foremost is a trial attorney with extensive experience in federal and state court throughout the United States. He has been either first or second chair in more than 30 trials in such venues as federal court in Indiana, New Jersey, New York and North Carolina, bankruptcy court in Connecticut, Indiana and New York, and state court in Connecticut, New Jersey and New York. He has also participated in numerous evidentiary hearings for injunctive relief and in international and domestic arbitrations. He is a graduate of the National Trial Academy conducted by the ABA’s Tort Trial and Insurance Practice Section and the American Board of Trial Advocates. He was Chair of the Federal Litigation Section of the Federal Bar Association from 2016 to 2018 and currently serves as its liaison to the FJC’s Advisory Committee on the Federal Evidence Rules. Mr. McCarthy is a former FBA Circuit Vice President and past Chapter President of its S.D.N.Y. Chapter.
Mr. McCarthy has represented domestic and foreign clients in all aspects of general business litigation in a variety of areas, including business torts, contract disputes, corporate law, and governance, director, and officer liability, intellectual property, unfair competition, trade secrets, professional malpractice, bankruptcy, banking, products liability, and real estate.
Mr. McCarthy has worked extensively with the Firm’s Air Transport Group, both as an advisor on New York law issues and as litigation counsel. Mr. McCarthy also has extensive experience in litigation matters in bankruptcy court representing trustees, creditors, committees, and other interested parties and in district court representing parties in intellectual property infringement cases. Several of these matters resulted in opinions that are cited in leading treatises including Collier on Bankruptcy and McCarthy on Trademarks and Unfair Competition. Mr. McCarthy served as an attorney for the Monsey Fire District in Rockland County, NY and as an Adjunct Professor at Fordham Law School. He is AV Rated by Martindale-Hubbell.
Mr. McCarthy received his Juris Doctor degree from the Fordham University School of Law in 1991, where he served as Managing Editor for the Fordham International Law Journal and as a member of the Moot Court Board. He is also currently an Adjunct Professor at Fordham University School of Law. His law school note on the use of international criminal jurisdiction to combat terrorism has been cited in more than two dozen scholarly works, including at least four treatises on international law, and in testimony to a bipartisan commission of the U.S. House of Representatives. He received his A.B. degree in Biology from Fordham University in 1988. During college he served as an International Trustee of Circle K International, the college level of Kiwanis International.
Mr. McCarthy is a past President of the Fordham College Alumni Association. He coached youth teams for Rockville Centre Soccer Club, Rockville Centre Basketball League, East Meadow Soccer Club and St. Agnes Cathedral Catholic Youth Organization (CYO).
Federal Bar Association
American Bar Association
New York City Bar Association
Southern District of New York Chapter of the Federal Bar Association, Inc.
The Passive Personality Principle and Its Use in Combatting International Terrorism, 14 FORDHAM INT’L L.J. 298 (1989-1990).
The United States Should Prosecute those who Conspired to Assassinate Former President Bush in Kuwait, 16 FORDHAM INT’L L.J. 1330 (1992-1993).
A Practitioner’s View of the Distinctive Practices of The Second Circuit, 53 THE FEDERAL LAWYER No. 2, at 41 (Feb. 2006).
An Early Review of Iqbal in the Circuit Courts, 57 THE FEDERAL LAWYER No. 4, at 36 (May 2010).