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Brooke H. McCarthy


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


Brooke’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.
Commercial Litigation

Brooke’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.

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

Speaking Engagements
  • “Patently Persuasive: Reaching Today’s Intellectual Property Jurors,” November 14, 2013

Insurance Litigation
  • 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
  • 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.

  • The Best Lawyers in America®, Litigation – Intellectual Property, 2024 
  • Super Lawyers®, Great Plains Rising Star in Business Litigation, 2012-2019
  • Member of Lobato v. State of Colorado litigation team recognized by the Colorado Lawyers Committee as the "Team of the Year," 2012