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Contact Information

michael.mccarthy@FaegreBD.com3200 Wells Fargo Center
1700 Lincoln Street
Denver, Colorado 80203-4532
T: +1 303 607 3670
F: +1 303 607 3600

Education

University of Colorado Law School
J.D., Law Review (Comments Editor) (1975)
University of Michigan
B.A. (1971)

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

Michael S. McCarthy

Partner

Michael McCarthy is a business trial and commercial litigation partner based in the firm's Denver office. Representative engagements from his trial practice in which he 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.

Pro Bono

  • Boulder Shelter for the Homeless — Board of Directors and President, 1999-2007
  • Indigent/Low Income Legal Representation

Honors

  • American College of Trial Lawyers — Fellow
  • The Best Lawyers in America — Bet-the-Company Litigation, Commercial Litigation, Environmental Litigation, Insurance Law, Securities Litigation, 2006-14
  • Super Lawyers — Top 100 Lawyers (Colorado), 2014
  • Super Lawyers — Top 50 Lawyers (Colorado), 2009-10
  • Super Lawyers — Business Litigation, 2006-13
  • Chambers USA: America's Leading Lawyers for Business — Litigation: General Commercial, 2005-13
  • John C. Benson Pro Bono Award
  • Faegre & Benson LLP  Management Committee, 2004-11
  • Benchmark: Litigation — Local Litigation Star, 2011-14 

    Professional Associations

    • Colorado Bar Association – Litigation Section; Business Law Section; Natural Resources Section
    • Denver Bar Association
    • Colorado Bar Foundation — Fellow
    • American College of Trial Lawyers — Fellow

    Civic Activities

    • 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