Brooke H. McCarthy

(402) 231-8728
Partner
(402) 346-1148 Fax
Brooke.McCarthy@KutakRock.com

Ms. McCarthy represents clients facing a wide variety of complex commercial litigation matters. She focuses her practice on disputes involving insurance, employment law, and intellectual property. Ms. McCarthy also represents U.S. and foreign companies in both international and domestic arbitration.

Insurance Practice

Ms. McCarthy’s national insurance practice encompasses an extensive range of coverage disputes and issues, including:

  • Defending first-party lawsuits alleging breach of contract;
  • Litigating declaratory judgment actions regarding the coverage afforded by commercial general liability, professional liability, excess/umbrella and other types of insurance policies;
  • Defending allegations of insurance bad faith;
  • Providing coverage opinions on first-party and third-party claims for insurance benefits; and
  • Defending garnishment actions to recover the proceeds of insurance policies.

Representative matters involving insurance litigation include:

  • Obtained dismissal of a third-party lawsuit seeking insurance benefits under a commercial general liability policy in dispute involving real estate and financial services industries;
  • Successful resolution of a bad faith breach of contract lawsuit involving a commercial general liability policy and the financial services industry;
  • Successful resolution of a multimillion-dollar lawsuit alleging bad faith in the administration of a workers’ compensation policy and wrongful termination;
  • Defending insurer in garnishment action seeking recovery of $11 million personal injury judgment; and
  • Advising excess insurer regarding coverage associated with $25 million products liability judgment.

Commercial Litigation Practice

Ms. McCarthy’s commercial litigation practice focuses primarily on the representation of businesses in matters involving breach of contract, breach of fiduciary duty, misappropriation of trade secrets, and employment-related disputes. Representative matters include:

  • Successful defense of breach of contract claims in arbitration under the International Chamber of Commerce for an oil and gas project in Cameroon, resulting in award for the defense and attorneys’ fees;
  • Successful resolution of a multimillion-dollar breach of contract lawsuit in Colorado state court for a national health care company;
  • Successful defense in an AAA arbitration of breach of contract and fraud claims involving real estate in Denver, Colorado;
  • Successful resolution of a misappropriation of trade secrets lawsuit in Colorado state court; and
  • Litigating breach of contract and misappropriation of trade secrets claims involving the technology industry in Nebraska federal district court.

In addition to litigation and arbitration, Ms. McCarthy counsels clients on a broad array of issues affecting insurance coverage and commercial disputes.

Continuing Legal Education Presentation

  • November 14, 2013: Together with John Passarelli of Kutak Rock LLP and Dr. Karen Lisko of Persuasion Strategies, Ms. McCarthy presented on “Patently Persuasive: Reaching Today’s Intellectual Property Jurors.”