Barclay Damon
Barclay Damon

Dennis R. McCoy

Dennis R. McCoy

Partner

p: 716-566-1560

f: 716-566-4014

icon_email dmccoy@barclaydamon.com
icon_download Vcard

Buffalo Office

The Avant Building
200 Delaware Avenue
Buffalo, New York 14202

Dennis McCoy is a senior litigation partner who has used his advocacy skills and analytical judgment to guide clients through strategically sensitive legal problems for over three decades. The mainstay of Dennis’s career has been representation of clients in major, complex litigation at trial. He has tried cases from one end of New York State to the other, as well as other states in the Northeast. As Chair of our Professional Liability Practice Area, a major emphasis of his practice has been the representation of professionals in malpractice actions, primarily legal and health care professionals. He has served as a national and regional counsel for two major companies either managing or directly litigating their highest exposure cases throughout the United States.

In recognition of his standing in the Western New York legal community, Dennis was asked by the Chief Judge of the Western District of New York, to become a mediator on the court’s panel of mediators. This experience has helped Dennis further refine his skills as an advocate representing companies in a variety of alternative dispute venues. Given the risks involved with high stakes litigation, mediation has become an increasingly important option to litigation.

In 2014, Dennis was recognized as the Defense Trial Lawyer of the Year by the Western New York Defense Trial Lawyers Association. In 2015, he received the Distinguished Alumnus Award for Private Practice from his alma matter, SUNY Buffalo Law School.

Dennis is a widely sought-after lecturer on litigation and professional liability topics. He has presented lectures throughout New York and the United States on these topics. In 2014, Dennis co-chaired the American Conference Institute’s biennial conference on Lawyer Professional Liability in New York City. Dennis has also served as an expert witness in cases involving trial practice, ethics and lawyer liability.

Representative Experience

  • Represented the Relator in a False Claims Act against Guidant Corporation, venued in the District of Minnesota arising out of sales of allegedly defective indwelling cardiac defibrillators to Medicare and the Veteran’s Administration from 2002 to 2007. After initially declining to intervene, the Department of Justice, on behalf of the Federal Government filed a complaint in intervention in January, 2011. The key development of the case was successfully opposing a motion to dismiss the Realtor’s claim brought by the defendants in 2012, which was denied by Hon. Donovan Frank in a lengthy written decision. After three years of litigation, the matter was settled in 2013 for a total payment of $30,000,000.
  • Represented six New York law firms in an action by Chief Administrative Judge Pfau against 35 law firms seeking to vacate tens of thousands of default judgment entered against various consumers with a cumulative value of over $1 billion on the basis that certain process servers may have submitted fraudulent affidavits of service stating that attempts to deliver process had been made when they had not. The firms had no awareness of this fraud. A settlement was negotiated which avoided any direct monetary impact on the firms in exchange for giving judgment debtors another chance to raise any defenses they might have had to the initial action. 
  • The firm represented the Bankruptcy Court of the Northern District of New York appointed Trustee in more than 35 actions against a variety of law firms and accounting firms arising out of the Ponzi scheme perpetrated by the Bennett Funding Group. There were negotiated settlements in many of the proceedings, and some notable dismissals based on the doctrine of in pari delicto. The latter case against an AmLaw 100 law firm, which sought an expansion of lawyer liability in these types of cases has particular significance in the cases which have been brought in recent years arising out of various fraudulent schemes, most notably the one involving Bernard Madoff.

Practice Areas

Education

  • SUNY Buffalo Law School, J.D., Buffalo Law Review, Case & Comment Editor; Moot Court Board, Senior Member; Desmond Moot Court, Best Brief Award, 1977
  • University of Notre Dame, B.A., with honors, 1973

Admitted To Practice

  • New York, 1978
  • U.S. District Court, Western District of New York
  • U.S. District Court, Northern District of New York
  • U.S. District Court, Southern District of New York
  • U.S. District Court, Eastern District of New York
  • U.S. Court of Appeals, 1st Circuit
  • U.S. Court of Appeals, 2nd Circuit

Memberships & Affiliations

  • Defense Research Institute, Products Liability Committee, Steering Committee and Mass Torts, Special Litigation Group, Co-Chair 
  • New York State Bar Association, Torts, Insurance and Compensation Law Section, Executive Committee; Chair, Committee on Association Insurance, 2013-present
  • Erie County Bar Association, Health Law Committee, Litigation Committee 
  • CytoJournal, Advisory Board Member

Civic Activities

  • SUNY Buffalo Law School, Dean's Advisory Council 
  • SUNY Buffalo Law School, 2008 Annual Fund Committee, Chair 
  • NYSBA Torts, Insurance & Compensation Law Section, General Awards Committee Chair

Speaking & Publications

  • "One year later, law partners reflect on Barclay Damon merger," Buffalo Law Journal, August 2016
  • Speaker, "Risk Management CLE," New York State Bar Association, April 2015
  • Speaker, "Legal Malpractice 2015," New York State Bar Association, Rochester, March 2015
  • Co-Chair American Conference Institute’s Advanced Forum on LPL/Legal Malpractice 2012, 2014 
  • "Law Firm Risk Management," Legal Malpractice Program for New York State Bar Association, November, 2014 
  • Panelist “Risk Management 360”, New York State Bar Association Annual Meeting, January, 2014
  • Local chair, “Legal Malpractice 2013,” New York State Bar Association, Buffalo New York, March 2013. 
  • Local chair, “Risk Management 2012-Protect Your Practice,” New York State Bar Association, Amherst New York, September 2012.
  • Speaker, “CLE Goes to the Movies-Trial Technique Pointers from the Golden Screen” Trial Attorneys of America, Chicago, Illinois, June 2012. 
  • Speaker, “Law Firm Risk Management Basics: Staying out of Court…as a Defendant,” Trial Attorneys of America, Chicago, Illinois, June 2012. 
  • Speaker, “Advanced Trial Tactics,”NBI, Inc., Buffalo, New York, June 2012. 
  • Speaker and Co-chair, “LPL/Legal Malpractice Claims and Litigation,” American Conference Institute, New York, New York, May-June 2012.
  • Speaker, “Risk Management for Attorneys 2011- Protect Your Practice,” New York State Bar Association, Rochester, New York, September 2011. 
  • Speaker, Advanced Trial Tactics,” NBI, Inc, Buffalo, New York, June 2011. 
  • Speaker, “Estate Litigation,” New York State Bar Association, Amherst, New York, June 2011. 
  • Speaker, “Legal Malpractice,” New York State Bar Association, Rochester, New York, March, 2011. 
  • Speaker, “May It Please the Court” -Effective Case Presentation at Trial,” National Business Institute, Buffalo, New York, March, 2010. 
  • Speaker, “Implementing Competitive Underwriting Strategies for Large Firm Coverage,” American Conference Institute’s 2nd National Forum on LPL/Legal Malpractice, January, 2010, New York, New York. 

Honors

  • The Best Lawyers in America 2017 Buffalo Product Liability Litigation - Defendants "Lawyer of the Year"
  • Defense Trial Lawyers of Western New York’s Robert M. Kiebala Memorial Award, 2014 Defense Trial Lawyer of the Year
  • Distinguished Alumnus Award, Buffalo Law Review, 2007 
  • Selected by Peer Review for Inclusion in Super Lawyer Directory 2007-2016 for Personal Injury Defense: Products 
  • John Leech Award, New York State Bar Association Torts, Insurance and Compensation Law Section, 2004 
  • Martindale-Hubbell “AV” Peer Review Rated for Very High to Preeminent Ethical Standards and Legal Ability
  • The Best Lawyers in America, 2013-2017 for Personal Injury Litigation - Defendants; Product Liability Litigation - Defendants
  • Buffalo Law Journal Legal Elite, 2014

Prior Experience

  • Hiscock & Barclay, LLP, Partner