OVERVIEW
Business litigation attorney Daniel J. McCarthy has acted as lead counsel in hundreds of cases in state, federal and bankruptcy court, litigating multiple cases to judgment for his clients before judges and juries.
His practice emphasis is on complex real estate lawsuits, partnership disputes, and bankruptcy-related litigation, especially in pursuing defendants who have fraudulently transferred assets in an effort to avoid paying their creditors. Dan also represents creditors and debtors in adversary proceedings in bankruptcy court. Often referred complicated matters from other attorneys, Dan offers extensive experience with matters before the Ninth Circuit Court of Appeals and the Bankruptcy Appellate Panel for the Ninth Circuit.Dan’s “big picture” view in complex litigation includes strategically and economically paying attention to the details that build winning cases for his clients.
While it is true that lawsuits often settle, Dan’s aggressive representation of his clients leverage them into the best possible settlements. In a written order awarding sanctions against an opposing party, one bankruptcy judge wrote: “the Court is aware that, although all of his written communications show extreme patience and courtesy, Mr. McCarthy is an aggressive litigator.”
Comprehensive Litigation Counsel
Rather than a “big team” approach to client representation, Dan prefers a more personalized and hands-on style. He does the lion’s share of the work: researching, writing, arguing, deposing witnesses, and preparing for and trying cases. Clients appreciate how his representation helps them avoid the expense of attorneys’ learning curves.
Recognized for many years by Super Lawyers magazine as a top attorney in Business Bankruptcy in Southern California, Dan was also named in 2026 for Business Litigation. He is a long-time editorial consultant for the Matthew Bender Practice Guide, California Debt Collection and Enforcement of Judgments.
Dan has devoted time to nonprofit organizations. He had a decade of service to Notre Dame High School in Sherman Oaks, chairing its board of directors for several years and serving on its finance committee. He also has played leadership roles in a homeowner association. An honors graduate of Harvard University, Dan earned his J.D. from University of Michigan Law School, and began his career with Hill, Farrer & Burrill. He continues to be an avid University of Michigan Wolverines fan.
- University of Michigan Law School – J.D. 1981
- Harvard University – A.B. 1978
Quiet Title Litigation
Served as lead co-counsel to a corporation in suing to quiet title on two commercial properties and defending against two cross-complaints. The corporation prevailed on its quiet title claims on the properties worth in excess of $10 million. Also prevailed on cross-complaints against it after a five-week jury trial in the San Diego Superior Court, which was preceded by a four-week bench trial on equitable issues in which the client also prevailed.
Partnership Dispute Trial
Acted as lead counsel in representing two individuals in a dispute over a partnership and management contract in a five-week jury trial in the L.A. Superior Court; clients prevailed on all claims filed against them and partially prevailed on their cross-claims.
Enforcement of Real Estate Purchase Agreement
Led the representation of a prospective buyer of commercial property in an arbitration action in Orange County in which the buyer sued for specific performance of a purchase agreement or alternatively for damages. The client was paid a six-figure settlement that was reached on the third day of the arbitration.
Defense Against Real Estate Claim
Obtained a judgment in L.A. Superior Court for the owner of a commercial real property based upon an order granting a demurrer without leave to amend to a complaint seeking to judicially foreclose on the client’s property. Subsequently obtained an award of monetary sanctions for the client against the plaintiff for pursuing a frivolous lawsuit.
Bankruptcy Court Litigation for Unsecured Creditors
Represented a group of general unsecured creditors in a Chapter 11 case in the U.S. Bankruptcy Court in objecting to the final fee application of a Chapter 11 debtor’s counsel. This resulted in a disallowance of approximately $164,000 in requested fees after several evidentiary hearings.
Fraudulent Transfer Litigation in State Court
Acted as co-counsel for a plaintiff corporation in the L.A. Superior Court in a lawsuit for the fraudulent transfer of property and the cancellation of fraudulent deeds of trust in which the client prevailed and was awarded in excess of $1.5 million.
Confidential Settlements
Accomplished numerous settlements that require client confidentiality.
