Representative litigation matters in which Mr. McCarthy has acted as lead counsel include the following:
- Lead trial counsel for State Farm Insurance Companies in successfully defending over 30 class actions and other institutional claims involving insurance coverage, consumer protection, programmatic challenges, and claims-handling disputes.
- Lead trial counsel for American Family Mutual Insurance Company in successfully defending multiple class actions venued in Colorado and Illinois raising insurance coverage, claims handling, and consumer protection claims.
- Lead trial counsel for the Colorado Rockies Baseball Club in numerous matters including successful trial defense of the Club and its owners in Monus v. Colorado Rockies, a Bankruptcy Court fraudulent transfer claim involving valuation of the Rockies franchise.
- Lead trial counsel for Xcel Energy in connection with claims concerning the sale of corporate owned life insurance.
- Trial counsel for Xcel Energy in four week jury trial concerning the construction of the Comanche 3 power plant resulting in $70 million jury verdict for Xcel against construction contractor.
- Successful defense of publicly traded medical rating company in shareholder derivative action.
- Lead trial counsel for DCP Midstream in administrative litigation with the state of New Mexico involving alleged air quality violations at multiple natural gas processing facilities.
- Lead trial counsel for a publicly traded cable television limited partnership affiliated with Tele-Communications Inc. in federal class action litigation asserting securities fraud and breach of fiduciary duty claims.
- Lead trial counsel for insurance brokerage firm as a dissenting shareholder in valuation litigation relating to the reorganization of an agent-owned life reinsurance company resulting in seven figure valuation judgment after a two week bench trial.
- Trial counsel for lawyers and law firms in a number of cases involving allegations of professional malpractice
- Trial counsel for Longmont United Hospital in litigation with an ambulatory surgery center involving scope of service conflicts
- Representation of the Vail Valley Foundation in the negotiation and administration of organizational and sponsorship contracts for various international athletic competitions including the 1999 World Alpine Ski Championships.
- Defense of natural gas pipeline companies in a variety of cases arising out of natural gas purchase contracts.
Michael has presented a number of papers concerning commercial litigation, natural resources, and dispute resolution topics before various industry groups, including the Colorado Bar Association, the Rocky Mountain Mineral Law Foundation Annual Institute proceedings, in RMMLI Special Institutes and in the Colorado Lawyer.
- Boulder Shelter for the Homeless — Board of Directors and President, 1999–2007
- Indigent/Low Income Legal Representation
- American College of Trial Lawyers — Fellow
- The Best Lawyers in America — Bet-the-Company Litigation, Commercial Litigation, Insurance Law, 2006–12
- Super Lawyers — Top 50 Lawyers (Colorado), 2009–10
- Super Lawyers — Business Litigation, 2006–11
- Chambers USA: America's Leading Lawyers for Business — Litigation: General Commercial, 2005–11
- John C. Benson Pro Bono Award
- Faegre & Benson LLP – Management Committee, 2004–11
- Benchmark: Litigation — Local Litigation Star, 2011
- Colorado Bar Association – Litigation Section; Business Law Section; Natural Resources Section
- Denver Bar Association
- Colorado Bar Foundation — Fellow
- American College of Trial Lawyers — Fellow
- Boulder Shelter for the Homeless — Former Officer and Director
- University of Colorado School of Law — Law Alumni Board Member
- U.S. District Court for the District of Colorado – Committee on Conduct, 2002-08; Chair, 2007-08
Related Practices
Class Actions
Consumer Fraud Litigation
Environmental
Environmental Litigation
Finance & Restructuring
Insurance Coverage Litigation
Litigation & Advocacy
Natural Resources Counseling
Natural Resources Litigation
Regulatory
Securities & Financial Litigation
Related Industries
Banking & Financial Services
Energy
Sports & Entertainment
Media Mentions
09-November-2011 - McCarthy Picks His Favorite Demonstratives for Law Week Colorado
20-May-2011 - Hinderaker, McCarthy Comment on Successful $70 Million Verdict for Xcel Energy
Education
University of Colorado Law School
J.D., Law Review (Comments Editor) (1975)
University of Michigan
B.A. (1971)
News
08-December-2011 - Eight Faegre & Benson Partners Recognized as Leading Benchmark Litigators
06-September-2011 - Ninety Faegre & Benson Lawyers Listed in The Best Lawyers in America
10-June-2011 - Faegre & Benson Practices Ranked Nationally in 2011 Chambers USA
16-February-2011 - Faegre & Benson Attorneys Named to Super Lawyers Business Edition
09-August-2010 - Ninety-Three Faegre & Benson Lawyers Listed in The Best Lawyers in America
29-June-2010 - Chambers Recognizes Faegre & Benson General Commercial Litigation Practices in Minnesota and Colorado
12-March-2010 - Faegre & Benson Attorneys Named to Super Lawyers in Colorado
04-January-2010 - Four Faegre & Benson Partners Listed in Best Lawyers Guide to Bet-the-Company Litigation
31-July-2009 - 96 Faegre & Benson Lawyers Listed in The Best Lawyers in America
12-June-2009 - Faegre & Benson Receives Top Chambers Rankings, National Franchise Practice Moves Up
16-March-2009 - Faegre & Benson Attorneys Named to Super Lawyers in Colorado
01-October-2008 - The Best Lawyers in America 2009 Includes 90 from Faegre & Benson
31-March-2008 - The Best Lawyers in America 2008 Includes 79 from Faegre & Benson
19-March-2008 - Faegre & Benson Attorneys Named to Super Lawyers in Colorado
04-March-2008 - Faegre & Benson Attorneys Earn Recognition by Chambers USA
23-March-2007 - Faegre & Benson Attorneys Named to Super Lawyers in Colorado and Iowa
Bar Admissions
Colorado
Court Admissions
U.S. Court of Appeals for the Tenth Circuit
U.S. District Court for the District of Arizona
U.S. District Court for the District of Colorado
Representative Matters
Limited Claims Against Xcel Energy in a Power Plant Construction Dispute
Secured a Reversal of Class Certification Against State Farm Mutual Automobile Company
Won Denial of Class Action Certification for State Farm