Anna S. M. McCarthy

Anna helps clients navigate both complex labor and employment issues as well as privacy and data security concerns by taking a holistic approach and exploring all sides of an issue. Her patient, engaged, and reassuring manner puts clients at ease when faced with challenges.

Labor and Employment
She represents employers in all aspects of labor and employment law including the development of employee policies, union relations, wage and hour issues, discipline and termination decisions, discrimination and harassment claims, and employment contract disputes. Anna has a keen eye for detail, which benefits her clients when she drafts litigation papers or conducts discovery for clients who face employment-related lawsuits and administrative proceedings. Anna also assists with the development of clients’ affirmative action programs and in ensuring compliance with employment-related federal and state regulations.

Privacy and Data Security
Anna counsels clients from many industries on best practices for maintaining compliance with federal and state cybersecurity regulations, including breach preparation, privacy notices and practices, and the security of information systems. She provides key support to the HSE “breach coach” team, leading the team’s analysis of state-law reporting duties. She also counsels clients on privacy and data security concerns in relation to complex corporate transactions.

PROFESSIONAL & CIVIC AFFILIATIONS

• Member, Attorney Grievance Committee for the Eighth Judicial District of the New York State Supreme Court, Appellate Division, Fourth Department
• Member, Bar Association of Erie County (BAEC)
• Board Member and Employment Law Committee Co-Chair, Women’s Bar Association of the State of New York (WBASNY), Western New York Chapter
• Board Member, National Federation for Just Communities of Western New York

HONORS & AWARDS

• Recipient, “Up and Coming Attorneys” Award, The Daily Record, 2019
• Selected to the Upstate New York Super Lawyers Rising Stars list, 2018 - 2021
• University at Buffalo School of Law
  • "Top 8 Finalist," The Frederick Douglass 2015 National Civil Rights Moot Court Competition
  • Recipient, Center for Computer-Assisted Legal Instruction Award for Academic Excellence in the following classes: Family Law, 2014; Healthy Homes Legal Practicum, 2014; Public International Law, 2013
  • Semifinalist, SUNY Buffalo Law Desmond Moot Court Competition 2013
  • Recipient, Buffalo Human Rights Center Summer Fellowship, 2013
  • Executive Publications Editor, Buffalo Human Rights Law Review, SUNY Buffalo Law School

NEWS

• Featured in, "Western New York Employers Reviewing Federal Rule Mandating Vaccination Policy," WIVB-TV, November 5, 2021
• Featured in, "OSHA Mandates COVID-19 Vaccine or Testing for Companies with More Than 100 Employees," WKBW 7 News, November 4, 2021
• Featured in, "Local Businesses Feel Some Relief After Hearing Mandate Details and Employee Responsibility," WBEN 930 AM News, November 4, 2021
• Featured in, "Minimum wage climbs again for New Yorkers," Buffalo Law Journal, December 31, 2018

Press Releases

• Anna S. M. McCarthy Appointed to Eighth Judicial District Attorney Grievance Committee, January 6, 2022
• Harter Secrest & Emery Attorneys Named to 2021 Upstate New York Super Lawyers, Rising Stars Lists, August 20, 2021
• Harter Secrest & Emery Attorneys Named to 2020 Upstate New York Super Lawyers, Rising Stars Lists, August 25, 2020
• Harter Secrest & Emery Attorneys Named to 2019 Upstate New York Super Lawyers, Rising Stars Lists, August 14, 2019
• Harter Secrest & Emery Attorneys Named Excellence in Law Winners by The Daily Record, April 23, 2019

PUBLICATIONS

• Co-Author, "New Data Security Laws in New York State Impact Businesses with Residents’ Personal Information," Invest Buffalo Niagara Access US newsletter, April 2020
• Co-Author, "Civil Appeals in New York: Oral Argument, Disposition, and Motions for Reargument in the Fourth Department," Thomson Reuters Practical Law, April 4, 2016

PRESENTATIONS

• Co-Presenter, "Labor & Employment Law in 2022: What All Employers Should Know," Kenmore Tonawanda Chamber of Commerce, April 26, 2022
• Co-Presenter, "What OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard Means for Employers," Harter Secrest & Emery webinar, November 10, 2021
• Co-Presenter, "Labor & Employment Law in 2021: What All Employers Should Know," Kenmore Tonawanda Chamber of Commerce, May 18, 2021

• Co-Presenter, "Requirements for Records Retention and Data Security," Greater Rochester Chamber, April 8, 2021

• Co-Presenter, "Implementing Diversity & Inclusion Initiatives and How to Avoid Common Pitfalls," Harter Secrest & Emery LLP Labor & Employment Law Breakfast Briefing Webinar Series, February 24, 2021
• Presenter, "NYS Paid Leave Update," Genesee Valley Chapter of SHRM and National Human Resource Association – Rochester Affiliate Legal Update Webinar, February 9, 2021
• Co-Presenter, "A Focus on Reopening Businesses, New CDC Guidance, and Anticipated HR Headaches," Guidance for Employers on Responding to the COVID-19 Pandemic - Session Twelve, Harter Secrest & Emery webinar, June 4, 2020
• Co-Presenter, "Ten Things Your Organization Should Be Thinking About Now," Guidance for Employers on Responding to the COVID-19 Pandemic - Session Six, Harter Secrest & Emery webinar, April 16, 2020
• Co-Presenter, "When Good Employees Post Bad Comments: Social Media in the Workplace in 2019," Harter Secrest & Emery’s Labor and Employment Law Conference, April 30, 2019
• Co-Presenter, "Implicit Bias Awareness, Diversity, and Inclusion in the Legal Profession" CLE, Harter Secrest & Emery, April 29, 2019
• Co-Presenter, "When Good Employees Post Bad Comments: Social Media in the Workplace in 2019," Genesee Valley Chapter of SHRM and the National Human Resource Association-Rochester Affiliate 2019 Legal Update, February 13, 2019
• Co-Presenter, "Implicit Bias, Diversity and Inclusion in the Legal Profession," Niagara University Partnerships for Race and Equality Conference, June 15, 2018
• Co-Presenter, "Employment Litigation War Stories and How to Avoid Them," Harter Secrest & Emery’s Labor and Employment Law Conference, April 26, 2018
• Co-Presenter, "Risks Associated with Criminal Conviction Records in Employment," Harter Secrest & Emery webinar, August 15, 2017
• Co-Presenter, "Cybersecurity and Your Business," Eyes on the Future Radio Show-Greater Rochester Enterprise, August 12, 2017
• Co-Presenter, "Employee Handbooks Should be Living Documents, Not Cookie Cutter," Harter Secrest & Emery’s Labor and Employment Law Conference, April 5, 2017
• Presenter, "Summary of Employment Laws (ADA, ADEA, WARN, OWBPA, FMLA, Uniformed Services Employment and Reemployment Rights Act, Pregnancy Discrimination and Title VII)" and "NLRB Obligations and Compliance," National Business Institute, November 16, 2016
• Co-Presenter, "Equal Employment Opportunities and Affirmative Action in Higher Education," Harter Secrest & Emery Higher Education Institute, August 2, 2016
• Presenter, "Shifting Standards for Joint Employment Liability" and "Tips and Strategies for Effective Communications with Administrative Agencies," Harter Secrest & Emery’s Labor and Employment Law Conference, June 21, 2016