Niall P. McCarthy

Principal at Cotchett, Pitre & McCarthy LLP

Niall P. McCarthy

Niall P. McCarthy

Principal at Cotchett, Pitre & McCarthy LLP

Biography

Niall P. McCarthy Niall P. McCarthy, a principal at Cotchett, Pitre & McCarthy, LLP, is a graduate of the University of California at Davis and Santa Clara University School of Law. He has practiced with the firm since 1992.

McCarthy has repeatedly been selected as one of the top plaintiff attorneys in California and the United States by multiple publications, including the Daily Journal, the National Law Journal, and Lawdragon Magazine. From 2004 to 2012 he was selected as a Northern California "Super Lawyer" by San Francisco Magazine. He has the highest possible rating, AV, from Martindale-Hubbell. In 2011, McCarthy was selected as one of the Top 100 Lawyers in California by the Daily Journal. In 2012, McCarthy received a California Lawyer Magazine Attorney of the Year (CLAY) Award. McCarthy is the 2012 President of the Consumer Attorneys of California.

McCarthy has represented qui tam realtors in False Claims Act cases in state and federal courts. McCarthy handled the Hunter Laboratories Litigation in which he negotiated the largest False Claims recovery in California history, $301 million. In the mid 1990s, he was the lead attorney in a groundbreaking case brought under the California False Claims Act on behalf of the University of California San Francisco with respect to direct and overhead costs to the university. McCarthy has extensive experience pursuing false claims cases arising out of health care fraud against the government. He coauthored the articles "Qui Tam Litigation, A Primer for the General Litigator," "Answering the Call: Attacking Healthcare Fraud with the False Claims Act," "Recent Developments in False Claims and Healthcare Litigation," and "False Claims Act Fundamentals." He is presently working with the Department of Justice and Attorneys General offices in several states on False Claims cases.

McCarthy has handled many consumer fraud class actions. He has acted as Co-Lead National Class Counsel in actions against some of the largest banks and credit card companies in the country, which returned hundreds of millions of dollars to consumers. He is the author of "Home Equity Loss in California Through Predatory Lending," "Combating Predatory Lending in California," and has spoken in many forums on consumer fraud.

McCarthy also has practiced extensively in the area of elder abuse, including obtaining multi-million dollar recoveries on behalf of senior citizens in actions involving reverse mortgages. He has been retained by San Mateo County, Santa Clara County, Alameda County and Santa Cruz County to prosecute financial elder abuse cases. In addition, he has handled many notable cases against nursing homes, including well-publicized actions for the families of three victims who died at a San Mateo County nursing home during a heat wave, and an action on behalf of a developmentally disabled person who was severely burned while left unattended in a nursing home shower.

He authored "The Elder Abuse Statute: California's Underutilized Law," "Elder Abuse: Recent Legal and Legislative Developments," "Financial Elder Abuse in Real Estate Transactions Under the 2000 Revisions to the Elder Abuse Act" and "Elder Abuse Claims Not Subject to MICRA." He is a frequent speaker on elder abuse and has been featured in California Lawyer with respect to his work for seniors.

McCarthy has received many legal service awards including the William Nagle, Jr. Memorial Award from the San Mateo County Bar Association for innovations in the law and for professionalism, the Community Service Award from Santa Clara University School of Law for his work on behalf of consumers, the Bar Association of San Francisco’s Award of Merit, the Access to Justice Award from the Lawyer’s Club of San Francisco and the California Supreme Court Chief Justice’s Award for Exemplary Service and Leadership.

McCarthy's other notable cases include compelling an insurance company to pay for a lifesaving bone marrow transplant for a cancer patient, and obtaining a punitive damage jury verdict in a case which unveiled a multi-state health insurance fraud. McCarthy obtained a defense award on a multi-million-dollar fraud claim against his clients, and obtained a million-dollar recovery for the same clients on a cross-complaint in a year-long arbitration arising out of a failed healthcare industry merger. As co-lead counsel, he tried an action on behalf of the victims of a balcony collapse in San Francisco which resulted in a $12 million verdict. He served as lead class counsel obtaining a $15 million dollar verdict against Old Republic Title Co. after a trial in San Francisco Superior Court. He also obtained a substantial verdict against the government in a high profile FTCA case after a trial in federal court. McCarthy prosecuted a case which returned $10 million to a non-profit organization in Alameda County. In 2012, he obtained a punitive damage jury verdict after trying an elder abuse case against a nursing home. McCarthy has tried cases in state and federal court, including class actions. He has also won multiple FINRA arbitrations.

McCarthy is a past president of the San Mateo County Trial Lawyers and a past president of the San Mateo County Barristers. He was chairman of the Business Litigation Section of the San Mateo County Bar Association. He has been an MCLE panelist on many topics including courtroom conduct, complex litigation, financial fraud, financial and physical elder abuse, the fundamentals of business litigation, Business and Professions Code 17200, predatory lending, qui tam actions, discovery for trial, trial of class actions, the Consumer Legal Remedies Act and taking effective depositions. He also is active in various Peninsula community activities, including having served as chairman of the Board of Directors of Community Gatepath, a nonprofit organization which benefits children and adults with disabilities. McCarthy received ABC 7/KGO TV’s “Profiles of Excellence” Award for his work on behalf of Community Gatepath.
Seminars & Speaking Engagements

The Lawyers' Club of San Francisco 65th Annual Supreme Court Luncheon
April 25, 2012
California Lawyer's 2012 Attorney of the Year Award
February 10, 2012

Publications

False Claim Act Fundamentals
March 2010
Answering The Call
Combating Predatory Lending in California Professional Affiliations

Consumer Attorneys of California, President, 2012

Past Chairman of San Mateo County Bar Business Litigation Section

Past Chairman of the Board of Directors of Community Gatepath
Recent News

Super Lawyers 2012
CPM Wins Jury Verdict in Elderly Abuse Case
July 2012
McCarthy and Berger Honored with 2012 CLAY Award
2012
Cotchett, McCarthy and Fineman Make Lawdragon 500 List
Cotchett & McCarthy Make Prestigious List
September 21, 2011
Super Lawyers 2011
Largest False Claims Act Recovery in California History
May 2011
Niall McCarthy Featured in Plaintiff Magazine
January 2011
Niall McCarthy Receives Santa Clara School of Law Community Service Award
October 28, 2010
Super Lawyers 2010
McCarthy Received Nagle Award
February 10, 2010
Community Gatepath Names New Center for Niall P. McCarthy Admissions

California

Education

Santa Clara University School of Law, J.D. (1992)

University of California at Davis, B.A. (1989)
Honors & Awards

Received a California Lawyer Magazine Attorney of the Year (CLAY) Award, 2012
Presented The Callifornia Supreme Court Chief Justice's Award for Exemplary Service and Leadership, 2012
Selected as one of the Top 100 Lawyers in California by the Daily Journal, 2011
Selected as a Northern California "Super Lawyer" by San Francisco Magazine, 2004 to 2012
Has the highest possible rating, AV, from Martindale-Hubbell
Presented the William Nagle, Jr. Memorial Award by the San Mateo County Bar Association for innovations in the law and for professionalism, 2010
Received the Community Service Award from Santa Clara University School of Law for his work on behalf of consumers, 2010
Received ABC 7/KGO TV's "Profiles of Excellence" Award, 2011

Overview
RelSci Relationships

292

Number of Boards

5

Number of Awards

3

Relationships
RelSci Relationships are individuals Niall P. McCarthy likely has professional access to. A relationship does not necessarily indicate a personal connection.

Partner at Cotchett, Pitre & McCarthy LLP

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Information Technology Director at Cotchett, Pitre & McCarthy LLP

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Information Technology Director at Cotchett, Pitre & McCarthy LLP

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Founder at St. Ignatius Nursing Home

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President at St. Ignatius College Preparatory (California)

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Partner at Joseph Saveri Law Firm

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Principal at Cotchett, Pitre & McCarthy LLP

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Principal at Cotchett, Pitre & McCarthy LLP

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Attorney at Cotchett, Pitre & McCarthy LLP

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Chief Financial Officer at National Consumer Law Center, Inc.

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Paths to Niall P. McCarthy
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You
Niall P. McCarthy
Principal at Cotchett, Pitre & McCarthy LLP
Education
J.D.
Class of 1992

Santa Clara University School of Law will educate its students to meet the challenges of a legal profession and society that are increasingly global, technologically sophisticated, and diverse. In fulfilling this vision, the Law School will educate its students to become lawyers of competence, conscience, and compassion. The Law School will also advance knowledge and justice through scholarship and service.

B.A.
Class of 1989

The University of California, Davis (also referred to as UCD, UC Davis, or Davis) is a public teaching and research university located in Davis, California just west of Sacramento. The campus covers 7,309 acres (2,958 ha), making it the largest within the 10 campus University of California system. UC Davis also has the third largest enrollment in the UC System after UCLA and UC Berkeley. The University of California, Davis campus is the largest campus in the UC system by land area, spanning 7,309 acres (2,957.8 ha) across two counties: Yolo and Solano. Though named after the City of Davis, the campus is technically located adjacent to the City of Davis in an unincorporated part of Yolo and Solano counties. The main campus is located 15 miles (24.1 km) west of Sacramento in the Sacramento Valley, part of California's Central Valley, and is adjacent to Interstate Highway 80. The Davis campus is the only school within the UC system with an airport, just west of main campus, and is one of two UC schools with its own fire department; the other being UC Santa Cruz. The campus is also conveniently located approximately an hour away from both San Francisco and the Napa Valley and two hours from Lake Tahoe. It is also one of only three schools in the University of California system, the others being UC Berkeley and UC Irvine, with a nuclear lab.

Memberships
Member

PROMOTE THE HONOR AND DIGNITY OF THE LEGAL PROFESSION, TO EDUCATE ITS MEMBERS, TO FOSTER THE HIGHEST PROFESSIONAL STANDARDS, TO ENCOURAGE COLLEGIALITY AND TO MAINTAIN COOPERATION BETWEEN ITS MEMBERS AND THE JUDICIARY, TO FURNISH EXCELLENT INDIGENT CRIMINAL DEFENCE, TO ASSIST THE PUBLIC IN ACCESSING LEGAL SERVICES, TO PROVIDE AND RECOGNIZE PUBLIC SERVICE AS IT RELATES TO THIS MISSION, AND TO ADVANCE THE FAIR AND EFFECTIVE ADMINISTRATION OF JUSTICE FOR ALL. THE ORGANIZATION ALSO REPRESENTED OVER 20,000 INDIGENTS IN LEGAL MATTERS, EXPLAINED LEGAL RIGHTS TO APPROXIMATELY 20,000 INDIVIDUALS, RESOLVED 30 FEE DISPUTES BETWEEN ATTORNEYS AND THEIR CLIENTS, SUPPLIED ATTORNEYS FOR A MOCK TRIAL PROGRAM FOR THE COUNTY HIGH SCHOOLS, SUPPORTED LAW DAY PROGRAMS, SUPPLIED ATTORNEYS FOR THE LAW RELATED QUESTION AND ANSWER CLINICS OFFERED AROUND THE COUNTY, SPONSORED CALL-IN RADIO SHOW "YOUR LEGAL RIGHTS", DISTRIBUTED OVER 1,000 PAMPHLETS EXPLAINING LEGAL RIGHTS.

Life Fellow
Prior

TO EXPAND KNOWLEDGE AND ADVANCE JUSTICE THROUGH INNOVATIVE, INTERDISCIPLINARY, AND RIGOROUS EMPIRICAL RESEARCH ON THE LAW.

Career History
Principal
Current

Cotchett, Pitre & Mccarthy is a private company headquartered in New York, NY. The firm provides legal services.

Non-Profit Donations & Grants

Learn how non-profit organizations benefit from RelSci
$500 - $999
2005

Bay Area Legal Aid ("BayLegal") provides free civil legal services to low-income Bay Area residents.

$250 +
2004

Bay Area Legal Aid ("BayLegal") provides free civil legal services to low-income Bay Area residents.

Political Donations
$2,800
2019

Representative from California's 14th Congressional District

$2,000
2017

The Democratic Congressional Campaign Committee (DCCC) is the official campaign arm of the Democrats in the House. The DCCC is the only political committee in the country whose principal mission is to support Democratic House candidates every step of the way.

$2,700
2017

Representative from California's 14th Congressional District

Awards & Honors
2012
California Lawyer Attorneys of the Year (CLAY) Award
2011
Daily Journal - Top 100 Lawyers in California
Martindale-Hubbell - AV® Peer Review Rating
Other Affiliations

Niall P. McCarthy is affiliated with Cotchett, Pitre & McCarthy LLP

This web site is not endorsed by, directly affiliated with, maintained, authorized, or sponsored by Niall P. McCarthy. The use of any trade name or trademark is for identification and reference purposes only and does not imply any association with the trademark holder. The Presence of Niall P. McCarthy's profile does not indicate a business or promotional relationship of any kind between RelSci and Niall P. McCarthy.