Donald J. McCarthy

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Donald McCarthy is of counsel to Davis & Santos. Donald focuses his practice on commercial litigation and arbitration, criminal defense, appellate litigation, employment law and bi-national legal matters and litigation.

Prior to joining Davis & Santos, Donald was the Border Prosecutor for the 83rd District Attorney’s Office, where he prosecuted a variety of felony crimes, many involving drug gangs and conspiracies, and the sale of exceedingly dangerous drugs, as well as criminally negligent homicides, aggravated sexual assaults, aggravated assaults, robberies and burglaries, among others. He was also the appellate attorney for the 83rd District.

Prior to his work as a state prosecutor, Donald had his own law office, in Austin, Texas, where he focused on the representation of small businesses in litigation and transactions, and practiced criminal defense, employment law and civil rights law.

Donald is bilingual, and worked for five years as a senior associate at Jáuregui, Navarrete y Nader, which at the time was the largest firm in Mexico City. In Mexico, Donald focused on international commercial arbitration; the representation of U.S. corporations in Mexican legal proceedings and of Mexican corporations in U.S. litigation; international contracts, and; trade issues such as unfair competition, anti-dumping and countervailing duties.

Before going to law school, Donald was a journalist, publisher and trade policy lobbyist for a number of years. His articles appeared in numerous leading publications. He was Publications Director, and also Policy Director, for The American Chamber of Commerce of Mexico.


Donald received his J.D. from The School of Law of The University of Texas at Austin. He received his B.A. in journalism from San Jose State University and was awarded the national “Collegiate Pulitzer Prize” for business and economics reporting (Associated Collegiate Press/College Media Advisors). Donald earned more than 50 credit hours in Mexican law, from the Independent Autonomous University of the State of Puebla (UPAEP) and did graduate work at The University of Texas at Austin, and at Austin Presbyterian Theological Seminary.

Admitted to Practice

  • Texas; Western District of Texas; Southern District of Texas

Practice Areas

  • Commercial Litigation and Arbitration; Criminal Defense; Employment Law; Bi-National legal matters and litigation; Appellate Litigation