Attorneys

Kieran McCarthy

Founder

My philosophy on work is, “how you do anything is how you do everything.”

Every single project matters. Every contract. Every communication should be treated as if it were your last. Don’t treat your highest grossing client any differently from how you treat a client that just needs you for one small contract.

It’s an approach that’s simple, egalitarian, and effective.

For six years, after graduating from Duke Law, I worked at a law firm that was consistently ranked as the #1 ranked litigation firm in the country, according to The American Lawyer. My personal area of expertise was complex securities matters, an area that dovetails nicely with the transactional business and startup world. Often times, I would be working on matters that I would then read about the next day in The Wall Street Journal. Once, I literally found myself staring down a Fortune 500 CEO in a deposition. Almost invariably, every matter that I worked on, there were billions of dollars at stake. The standard for everything we did was impossibly high. Perfection was the expectation.

 

Working in my own practice over the last seven years, I have worked mostly on smaller transactional matters. We’ve helped hundreds of startups and small-to-mid-sized business achieve their goals. The transactions we’ve worked on have ranged from just thousands of dollars to up to $10 million dollars. We’ve represented nearly 400 different startups and growing businesses in all manner of business transactions and business disputes. From formation to capital raises to simple and complex contracts—in good times and bad ones—we’ve seen and helped clients through all stages of business development, growth, and dissolution. Through all of these transactions, despite the enormous volume of legal work we’ve done, we still have not yet had any of our work become the subject of formal litigation (though we’ve had our share of litigation addressing other lawyers’ legal work). 

If we had treated these smaller transactions any differently from the billion-dollar transactions, I don’t think we would have succeeded as we have. But our aim is to bring the same high standard of legal work we performed at the most prestigious law firms to startups and small-to-mid-sized businesses. Big or small, we will take your matter very seriously, and we will do so with the highest expectations for ourselves and for others. That’s our value proposition.

Compared to working at a large firm, working on smaller matters has been a lightning round of fast and furious experience. There is rarely anything that happens to a startup or a small-to-mid-sized business that we haven’t seen before, but yet, each matter, each client, and each moment has its own unique challenges. That’s what makes what we do so interesting. And that’s what keeps me going every day. 

In my personal life, I’m a sub-3 marathoner and a sub-24-hour finisher at the Leadville 100-Mile Trail Run. Though I’m now officially a “masters” runner, I still like to get out at the local 5k and show the younger runners how it’s done.

I play guitar, mandolin, banjo, and harmonica. I read more than is probably healthy. I love board and other strategy games.

I grew up in Highlands Ranch, Colorado, and then spent some time traveling around the world before moving back to Colorado permanently in 2006. After more than a decade living on the front range, I then moved to Salida, Colorado, in the Heart of the Rockies. I still come back to Denver and Boulder often to see family and meet with clients and friends.

To read more diatribes and stories, check out my personal blog or my running blog.

Asa Garber

Partner

There are many aspects of my job I enjoy, but the best part is giving people options.

Because life is about taking risks. Whether you’re deciding if you should leave your stable job to start your own business, choosing who you’re going to marry, or thinking about chancing 10 miles over the speed limit to arrive 5 minutes earlier to your destination—it’s all about risks and options.

That’s a major part of our job: getting you up to speed on your options. We learn your unique past, present, and future. We then analyze and provide you the lay of the legal landscape—contoured by the law and our experience. With that comes, not only legal insight, but a view of the practical considerations involved. Because ultimately, the best option for you, your business, and your life is more than just a legal consideration.

And that’s a pretty amazing thing to be—someone who provides other people with options.

I’ve assisted clients from acquiring other businesses—from restaurants to tech firms—to selling their own; from forming new entities to converting or transferring current ones; from capital raises to resolving founder disputes and employee complaints.

And as a co-founder of my own small, retail company, I know what it’s like when it’s my bottom line—and we’ll be right there with you when it’s yours.

Prior to joining McCarthy Garber Law, I spent a good amount of time in the court rooms, representing clients at trial (primarily employment disputes and constitutional issues) and arguing appeals. I’ve represented appellate clients before the US Supreme Court, Washington State Supreme Court, and 9th Circuit Court of Appeals. Before that, I clerked for numerous judges, getting a behind-the-bench perspective, in both federal and state courts.

I’ve also taught business law, torts, and economics at the graduate and undergraduate levels (and was tapped to teach college economics in Shanghai). For my own schooling, I graduated magna cum laude from Duke University School of Law (JD); with merit from University College-London (LLM); and, summa cum laude from The Ohio State University with degrees in Economic (BS) and Philosophy (BA).

When not practicing law, I’m writing short stories and novels; reading better ones; creating game mechanics for a board game company; and, volunteering at Brink Literacy Project (operating Tethered by Letters and F(r)iction).

Contact Asa at [email protected]