Brian Danitz

Brian Danitz is a partner at Cotchett, Pitre & McCarthy, LLP. Brian has substantial experience representing clients in state and federal litigation, arbitration, internal investigations, and government investigations, involving commercial disputes, corporate and securities fraud, shareholder litigation, consumer class actions, antitrust actions, and employee whistleblower complaints. His practice includes all aspects of civil litigation in state and federal courts, in matters involving complex issues including allegations of securities law violations, shareholder disputes including involving breach of fiduciary duty and corporate governance, trade secret violations, and commercial disputes.

Brian is actively involved in the California and Bay Area legal communities. He currently serves on the Audit Committee of the San Mateo County Bar Association, is a member of the Board of Directors of the U.S. District Court for the Northern District of California Historical Society and has served on the State Bar of California’s Commission on Judicial Nominees Evaluation. Brian is selected annually as a Northern California Super Lawyer.

Prior to joining CPM, Brian worked at a large law firm in Silicon Valley, representing clients in commercial litigation, securities litigation, and government enforcement matters.

Prior to becoming a lawyer, Brian was a documentary filmmaker and producer of new media. Brian was the cinematographer for the Oscar-winning documentary Bowling for Columbine, Oscar-nominated film Sound and Fury, and Emmy Award winner TV Nation, and directed Ecological Design: Inventing the Future, Objects and Memory, and N is for Nuclear, among other films.

Brian received his J.D. from Fordham University School of Law, cum laude, where he was the Symposium Editor of the Fordham Intellectual Property, Media and Entertainment Law Journal. Brian received B.F.A. and M.P.S. degrees from New York University.

Representative Matters

Representative Actions:

Landsheft v. Apple, Inc., co-lead counsel in a nationwide false advertising class action concerning “Apple Intelligence” AI enhanced Siri on iPhone 16s and 15 Pros. In May 2026, Plaintiffs filed a motion for preliminary approval of a $250 Million Settlement which is currently pending before the Court.

In re Google RTB Consumer Privacy Litigation, represent a nationwide class of Google account holders alleging that, every second of every day, Google shares and sells its users’ personal information to participants in its “Real-Time Bidding” auctions for targeted advertising. The case settled in April 2026, with Google agreeing to provide a new RTB Control that allows users to control how their personal information is used and to limit tracking of their Internet browsing through targeted ads. The new privacy-protecting control is available at: https://adssettings.google.com/partnerads?hl=en

In re Bank of America California Unemployment Benefits Litigation, co-lead counsel in multidistrict litigation for a class of Californians who receive unemployment benefits on the bank’s prepaid debit cards. On June 1, 2021, the District Court granted a preliminary injunction, finding Plaintiffs have a “strong likelihood of success on their claims” that the bank violated federal and state statutes and breached its contract with cardholders by summarily denying plaintiffs’ claims of fraudulent transactions and freezing cardholder accounts.

In re Apple Inc. Device Performance Litigation, represented a nationwide class of iPhone6, SE and 7 owners involving computer intrusion and trespass claims related to the alleged throttling of device performance. The district court approved the class Settlement of $310 million to $500 million in that multidistrict litigation.

Wozniak, et al. v. YouTube, et al., represent tech pioneer Steve Wozniak and seventeen victims of a fraudulent Bitcoin Giveaway scam in a lawsuit against YouTube and Google currently pending in Santa Clara County Superior Court.

In re Facebook Inc. Shareholder Derivative Privacy Litigation, represent shareholders in derivative litigation regarding alleged breaches of fiduciary in connection with the Cambridge Analytica data breach. The case settled in April 2026 for $190 Million.

Morgus v. Page, et al., represent shareholder in derivative litigation regarding alleged breaches of fiduciary in connection with the approval of payments to executives accused of sexual harassment and other misconduct, currently pending in Santa Clara County Superior Court.

Tribble v. Gerrans, et al., plaintiffs’ counsel in shareholder derivative action on behalf of biomedical device company Sanovas, Inc., alleging that the former CEO stole company funds and was able to do so because the company lacked meaningful internal controls. After issuing temporary restraining orders against the defendants, the Marin County Superior Court entered a stipulated judgment establishing significant governance reforms, including the addition of independent directors, an audit committee, board observer rights, required board meetings and annual shareholder meetings to elect directors. The former CEO was tried and found guilty on multiple criminal counts in federal court.

John’s Grill v. Hartford Financial Services Group, et al., plaintiffs’ counsel for iconic San Francisco restaurant John’s Grill and other businesses in a series of cases alleging bad faith refusal to provide insurance coverage for business interruptions caused by the COVID-19 pandemic and related civil authority shutdown orders.

Morning Star Fisheries, et al. v. San Mateo County Harbor District, lead trial counsel representing San Mateo County Harbor District in a series of commercial disputes with fisheries located at Johnson Pier in El Granada, California. After an eleven day hearing, the Arbitrator ruled in favor of the District on all claims and ordered the fisheries to pay the District over $500,000 in attorney fees and costs for defending the lawsuits.

Rubin v. Peters, et al., represent plaintiff in litigation alleging legal malpractice and fraud in connection with a prenuptial agreement in San Mateo County Superior Court. The case settled on favorable terms after the court unsealed the complaint and denied defendants’ demurrers to nearly all counts in the complaint.

Nuts for Candy v. Visa, Inc., et al., plaintiffs’ counsel for putative class of California merchants involving claims that merchants paid excessive fees to accept Visa payment cards because Visa violated the antitrust laws. The case resolved in conjunction with the $5.54 billion class settlement in the multi-district litigation In re Payment Card Interchange Fee and Merchant Discount Antitrust Litigation.

JD Brothers LLC et al. v. Liberty Asset Management Corporation et al., plaintiffs’ counsel in a case involving a real estate Ponzi-scheme involving multiple shell companies and multiple transactions. The case settled after jury selection and the district court eventually entered stipulated judgments totaling $10 million in favor of plaintiffs.

City of San Jose v. Donald J. Trump et al., counsel for the City of San Jose in a case seeking to stop the rescission of the Deferred Action for Childhood Arrivals (“DACA”) program, which shields hundreds of thousands of young immigrants from deportation. On June 18, 2020, the U.S. Supreme Court issued a 5-4 majority opinion vacating rescission of the program.

Honors & Recognitions

2026 Northern California Super Lawyers

Publications

09 Jun 2025

The Supreme Court's dismissal of Labcorp v. Davis

31 Dec 2024

Attorney Fees for Total Victory: Is Musk’s Tesla pay case a blue print?

15 Dec 2020

Derivative actions help shareholders in small companies, too

02 Aug 2018

California Law is an Increasingly Important Source of Relief

2010

Bar Orders in Partial Settlements of Securities Class Action Lawsuits

2009

Severing the Link: A Defendant’s Guide to Loss Causation in the Ninth Circuit

2005

Revitalizing the Lawyer-Poet: What Lawyers Can Learn from Rock and Roll

2005

Martignon and Kiss Catalog: Can Live Performances Be Protected?

In the News

06 May 2026

Apple to pay iPhone buyers $250 million after lawsuit claims it hyped non-existent AI in ‘bait and switch’

05 May 2026

$250 Million Settlement Proposed in Apple AI False Advertising Case

05 May 2026

Apple Reaches $250M Deal Over Claims It Over Claims It Overhyped iPhone AI

24 Apr 2026

Historic Settlement with Google to Protect Privacy

13 Feb 2026

Investor Says Pot Startup Faked Deals, Took Money And Ran

25 Nov 2025

Cotchett Pitre & McCarthy Helps Secure Settlement in Landmark Privacy Litigation

11 Sep 2025

BofA Still Can't Block Exec Depositions in COVID Fraud MDL

10 Aug 2025

Wozniak and Danitz on CBS Sunday Morning

25 Jun 2025

BofA Benefit Card Recipents Get Cert. In Covid Fraud MDL

24 Jun 2025

Federal Court Certifies Five California Classes in Pandemic Unemployment Benefits Case Against Bank of America

10 Mar 2025

‘Toxic plume’ from gas station imperils Walnut Creek development plans, legal complaint alleges

10 Feb 2025

Local Dry Cleaner's Lawsuit Alleges Big Oil Companies’ Failure to Clean Up Contamination is Stalling Progress and Putting Walnut Creek Residents at Risk

22 Mar 2024

Wozniak’s Success in YouTube CaseMay Cue Blue Check Liability

18 Mar 2024

Steve Wozniak’s “Bitcoin Giveaway" Lawsuit to go Forward

18 Mar 2024

Steve Wozniak Gets Second Chance toSue YouTube for Bitcoin Scam

18 Mar 2024

Apple Co-Founder's Scam Suit Against YouTube Gets New Life

18 Mar 2024

Tech entrepreneurs suit against YouTube for bitcoin scams narrowly lives on

09 Jan 2024

Steve Wozniak Case Cues Test of Internet Liability Shield Limit

09 Jan 2024

Apple Co-Founder Asks To Revive Scam Suit Against YouTube

04 Dec 2023

California EDD lets go of Bank of America for unemployment payments, will soon start direct deposits

26 May 2023

Claims Against Bank of America to go Forward for Failing to Protect Unemployed Californians During Pandemic

26 May 2023

BofA Can't Ax MDL Over Calif. COVID Relief Fraud Issues

13 Mar 2023

The San Mateo County Board of Education and the San Mateo Superintendent of Schools File Landmark Suit Against Social Media Companies

03 Jan 2023

Calif. Panel Sides With Restaurant After COVID-19 Settlement

29 Dec 2022

COVID-related losses count for insurance coverage, court rules in case of S.F. grill

28 Dec 2022

Landmark Ruling in John’s Grill Covid-19 Lawsuit

16 Dec 2022

California Grill Gets Settlement In COVID-19 Case

15 Dec 2022

San Francisco’s John’s Grill and The Hartford Have Settled Their Hard-Fought Covid-19 Lawsuit

15 Dec 2022

Cotchett, Pitre & McCarthy Announce San Francisco’s John’s Grill and The Hartford Have Settled Their Hard-Fought Covid-19 Lawsuit

04 Nov 2022

Google Ordered to Yield Ad Bidding Documents in Privacy Lawsuit

14 Jun 2022

Google Must Face Users Claiming Privacy Rift Over Ad Bidding

22 Feb 2022

Federal regulators scrutinize BofA for its response to California benefits fraud

16 Jul 2021

How criminals siphoned off unemployment payments directly from recipients’ accounts

03 Jun 2021

Federal Judge Comes Down on B of A Over Handling of Fraud Claims of EDD Debit Cards

02 Jun 2021

Federal Judge Issues Sweeping Injunction Against Bank of America

02 Jun 2021

EDD fraud mess: Judge sides with jobless workers against big bank

01 Jun 2021

Federal Court Issues Preliminary Injunction Against Bank of America, Protects Rights of California's Unemployed

01 Jun 2021

Bank of America must provide more proof of fraud before freezing EDD accounts, court orders

01 Jun 2021

EDD Fraud: Federal Judge Issues Sweeping Injunction Against Bank of America

18 May 2021

SF Judge Likely to Enjoin Bank of America Over Handling of Unemployment Benefits

07 May 2021

Google Faces Lawsuit Alleging Privacy Rights Violations

06 May 2021

Google sued for selling user data despite claims the company does not

05 May 2021

Lawsuit Seeks to Stop Google from Secretly Selling Americans' Private Information Without Informed Consent

03 Apr 2021

Victims of EDD debit card fraud say Bank of America made it too difficult to recoup stolen money

22 Feb 2021

Woman sues Bank of America after a frozen debit card left her without access to her money

05 Feb 2021

San Mateo County Harbor District Wins Trial to Ensure Safety on Johnson Pier in Princeton

26 Jan 2021

California EDD’s mass suspension of accounts hangs over jobless

15 Jan 2021

EDD unemployment fraud scandal triggers lawsuit against big bank

15 Jan 2021

Bank of America sued over EDD unemployment debit card fraud

15 Jan 2021

EDD Fraud: Class Action Suit Filed Against Bank of America Over Hacked Unemployment Debit Cards

15 Jan 2021

Class action lawsuit filed against Bank of America for rampant unemployment fraud

14 Jan 2021

Bank of America Sued for Failing to Protect the Accounts of Thousands of Unemployed Californians

27 Nov 2020

Beam customers are getting money back, but savings app still faces federal investigation

13 Nov 2020

CPM Helps Beam Financial Users Sue After Months of Withdrawal Delays

29 Jul 2020

CPM Helps Small Family Dairy Farms Obtain Major Victory in California Dairy Civil War

29 Jul 2020

Aided by CPM, the Historic Cliff House San Francisco Restaurant Sues Allianz Insurance and Affiliates

22 Jul 2020

CPM Helps Steve Wozniak and 17 Fraud Victims Sue YouTube and Google Over Fraudulent "Bitcoin Giveaway" Scam

15 Apr 2020

Represented by CPM, Historic John's Grill Sues Hartford Insurance and Affiliates

28 Feb 2020

CPM Helps Apple iPhone Consumers Impacted by Software Throttling Reach Historic Settlement

20 Jun 2018

Senior eviction lawsuit closes with settlement for CPM client

17 Apr 2018

CPM's fight for water for the citizens of Weed California, featured in UK documentary

2018

With CPM Pro Bono Representation, Federal Judge Protects “Dreamers,” Issues Injunction Against Trump Administration

14 Sep 2017

DACA Lawsuit Filed by CPM Representing Pro Bono the City of San Jose

22 May 2017

Update: City of Richmond (CPM Client) v. Trump; limiting the scope of prior executive order threatening to defund sanctuary jurisdictions

01 Apr 2017

CPM Fights Pro Bono for Small Town Residents; Who Owns the Water in Weed, California?

Blog Posts

26 Mar 2018

Supreme Court Upholds Right to Bring Securities Act Class Actions in State Court

20 Mar 2017

Partial Summary Judgment On Liability Can Be An Effective Strategy