Brigid McCarthy focuses her practice on white-collar and securities defense matters, including the defense of criminal and civil investigations brought by the Department of Justice (DOJ), the Securities and Exchange Commission (SEC) and State Attorneys General. Brigid has substantial experience conducting internal investigations in response to both government and other regulatory subpoenas. She represents and counsels clients in matters involving the False Claims Act, federal securities and healthcare law, and the Foreign Corrupt Practices Act, among other areas including commercial disputes. She also advises clients on and manages responses to civil investigative demands and government subpoenas.
Brigid has also defended several companies and individuals in ERISA litigation involving Employee Stock Ownership Plans (ESOPs). Brigid’s ERISA experience includes defense of ESOP plan sponsor companies, their directors and officers and plan fiduciaries in class action lawsuits brought by plan participants. Brigid has experience defending claims involving breach of fiduciary duty, prohibited transactions, retirement plan investments and fees and withdrawal liability.
Brigid also has experience in various commercial litigation matters, including white-collar and securities defense matters, product liability actions and class actions. She represents clients in both federal and state courts across the country. She has experience trying cases in federal court and arguing and drafting a variety of motions in both state and federal court.
Brigid maintains an active pro bono practice in several areas, including immigration, wrongful convictions and civil rights. In 2023, she represented a Mongolian woman in a grant of asylum after the asylee fled her home country in fear of her violent former partner.
Prior to rejoining McDermott, Brigid clerked for the Honorable John F. Kness in the Northern District of Illinois. She served as a judicial extern for the Hon. William J. Bauer of the US Court of Appeals for the Seventh Circuit and a judicial intern for the Hon. Michael T. Mason of the US District Court for the Northern District of Illinois. She also interned at the Office of General Counsel to the Illinois Governor.
Representing ESOP plan sponsor and its executives in connection with ERISA claims relating to a corporate restructuring that allegedly diluted the value of the ESOP’s shares and a subsequent ESOP redemption transaction
Representing an ESOP plan sponsor’s executives and former investors in connection with ERISA claims relating to an alleged multi-million ESOP transaction
Representing confidential ERISA-based Department of Labor investigations involving fiduciary breaches
Obtained favorable settlement for health benefit plan sponsor in connection with potential plan beneficiary lawsuit
Representing ESOP Plan Trustee in fiduciary breach class action lawsuit
Representing ESOP Plan sponsor in fiduciary breach class action lawsuit
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