Attorneys
Practice Areas:
| Professional Liability Litigation, Securities Litigation and Arbitration, Labor and Employment |
| Tel: | New York: (212) 221-6900 New Jersey: (201) 633-3630 |
Fax: | New York: (212) 221-6989 New Jersey: (201) 633-3631 |
Email: McCarthy.D@wssllp.com
vCard: Download File
Dianna D. McCarthy is a partner of Winget, Spadafora & Schwartzberg, LLP. Her practice includes a wide variety of litigation matters including employment law, commercial litigation and civil rights violations. She also defends professionals including attorneys, accountants, financial services industry professionals, mortgage brokers, appraisers, home inspectors, and insurance agents and brokers. Ms. McCarthy also regularly defends executives charged with allegations of wrongdoing, including claims of sexual misconduct.
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 and New Jersey. 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. Ms. McCarthy is an active member of the Steering Committee for the Eastern Chapter of the Professional Liability Underwriting Society.
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 recommends the expungement of all references to this arbitration from Respondent Locascio's registration records maintained by the CRD.
Representative Decisions
- Randall s. Newman an 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 Speaker
- American Staffing Association Staffing Law Conference, “Surviving Client Indemnity Clauses and Other Risks,” April 2010
Seminars
- “New and Upcoming Employment Legislation,” February 20, 2009
- “Law of Cooperatives and Condominiums,” January 2009
Articles
February 8, 2012- NLRB Employees Must Be On Notice of Right to Organize
Dianna D. McCarthy and Robyn Silvermintz
- NLRB Makes “Concerted” Effort to Protect
Employees’ Facebook, Twitter Posts
Dianna D. McCarthy
- “Appellate Division, First Department Affirms
Dismissal of Claim against Real Estate Appraiser”
Dianna D. McCarthy and Scott B. Tenenbaum
- “Private Sector Employers
Beware - The National Labor Relations Board has Expanded Employees’ Rights”
Dianna McCarthy and Robyn Silvermintz
© 2012 Winget, Spadafora & Schwartzberg, LLP