Niall P. McCarthy

Niall P. McCarthy, a Partner 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.

Niall has been named a Top 100 attorney in California many times by the Daily Journal and by Super Lawyers Magazine, most recently in 2025, as well as being repeatedly named to the Daily Journal's "Top Plaintiffs' Lawyers" list. Niall has received four California Lawyer Magazine Attorney of the Year (CLAY) Awards. Niall was also awarded the Trial Lawyer of the Year Award by the San Mateo County Trial Lawyers Association.

Niall has been elected to the American Board of Trial Advocates (ABOTA), the International Academy of Trial Lawyers, the International Society of Barristers, and the American College of Trial Lawyers. He is past President of the San Francisco ABOTA Chapter.

Niall has represented qui tam Relators in False Claims Act cases in state and federal courts. Niall handled the Hunter Laboratories Litigation in which he negotiated the then-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. In 2015, he was the lead attorney for the whistleblower in a qui tam case resulting in a $75.5 million settlement with technology industry giant, VMware. In 2018, Niall resolved a qui tam action against British Petroleum for $117 million. Niall has extensive experience pursuing false claims cases arising out of 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 has worked with the Department of Justice and Attorneys General offices throughout the United States on False Claims cases.

Niall has handled many consumer class actions. He has acted as Co-Lead National Class Counsel in actions against some of the largest financial 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. He has served on court-appointed leadership roles in class actions throughout the United States.

Niall represents The Sierra Club, Surfrider, San Francisco Baykeeper and Heal the Bay in a suit against Exxon Mobil for plastic pollution in California's environment.

Niall 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 Public Guardian offices 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 a residential care poisoning death case which received national attention. He obtained a punitive damage jury verdict after trying an elder abuse case against a nursing home with limited witnesses. He also won a unanimous jury verdict in a hotly contested financial elder abuse trial involving the misuse of a senior citizen's life savings.

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 financial and physical elder abuse and has been featured in California Lawyer with respect to his work for seniors.

Niall has handled catastrophic personal injury matters, including the high profile trial of a balcony collapse in San Francisco. He also handled the Millennium Towers Litigation related to a San Francisco luxury condominium development which made international news, and represented California dairy farmers in litigation in California's "milk wars" over the milk quota system, a financial product unique to the dairy industry.

Niall'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 another case which unveiled a multi-state health insurance fraud. Niall 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. 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 federal government in a high profile FTCA case after a trial in federal court. Niall won a multi-million jury verdict for a MLB pitcher whose career was prematurely ended. Niall has tried a variety of cases in state and federal court, including class actions and mass torts.

Niall has received many legal service awards, including the Edward I. Pollack Award for outstanding effectiveness for the plaintiff's bar, Marvin Lewis Award for the Consumer Attorneys of California for guidance, loyalty and dedication, 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, the California Supreme Court Chief Justice’s Award for Exemplary Service and Leadership, the Stanley Mosk Defender of Justice Award, and the State Bar of California Presidential Award for Access to Justice. In 2023, Niall was awarded the Lifetime Legal Achievement Award by Consumer Watchdog. In 2024, Niall received the Western Trial Lawyers "Fallout" Award for extraordinary dedication, diligence and commitment to the pursuit of justice for individuals and the general public.

McCarthy was selected by Governor Newsom, then Senator Harris and Senator Padilla to serve on judicial nominee evaluation committees, and currently serves on those federal and state committees for courts.

Niall is a past president of the Consumer Attorneys of California and the San Mateo County Trial Lawyers. Niall is a three-time finalist for the Consumer Attorneys of California Attorney of the Year Award. He has been elected to the Irish 100--the top 100 Irish lawyers in the United States. He co-chaired the Open Courts Coalition, a diverse group of attorneys from all practice areas in California whose goal is to restore court funding. Niall 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, witness examinations, trial of class actions, voir dire, Trial Tactics, the Consumer Legal Remedies Act, Settlement Techniques, Legal Ethics, Civility and taking effective depositions. He also is active in various community activities, including having served as chairman of the Board of Directors of Community Gatepath (now AbilityPath), a nonprofit organization which benefits children and adults with disabilities. Niall received ABC 7/KGO TV’s “Profiles of Excellence” Award for his work on behalf of Community Gatepath.

Representative Matters

CPM Investigating Chrysler for Defect Causing Unexplained Explosion and Fire in Pacifica Hybrids

CPM Investigates Healthcare Fraud

Lawsuit Filed on Behalf of Parents of Ayden Fang, 4-year-old child who was killed in Burlingame

Lawsuit Filed on Behalf of Family Severely Injured in Hayward Gas Explosion Caught on Ring Camera

Honors & Recognitions

2025 Lawdragon 500 Leading Plaintiff Financial Lawyers

Selected to the Lawdragon 500 Leading Plaintiff Consumer Lawyers, 2026

Selected to the Lawdragon 500 Leading Plaintiff Financial Lawyers, 2026

Received multiple California Lawyer Magazine Attorney of the Year (CLAY) Awards

Selected repeatedly as one of the Top 100 Lawyers in California by the Daily Journal

Selected Among the Top 5 Business Litigation Attorneys by Super Lawyers, 2026

Top 100 Northern California Super Lawyers List

San Mateo County Trial Lawyer of the Year

2023 Legal Lifetime Achievement Award - Consumer Watchdog

Irish Legal 100

Defender of Justice Award

Presented The California Supreme Court Chief Justice's Award for Exemplary Service and Leadership

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

Received the Community Service Award from Santa Clara University School of Law for his work on behalf of consumers

Received ABC 7/KGO TV's "Profiles of Excellence" Award

Publications

Cross-Examination Skills and the Court Funding Crisis

Fighting Financial Elder Abuse In California

03 Sep 2014

Financial Elder Abuse

Mar 2010

False Claim Act Fundamentals

Combating Predatory Lending in California

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In the News

13 May 2026

Cotchett, Pitre & McCarthy Files Lawsuit on Behalf of Family Severely Injured in Hayward Gas Explosion Caught on Ring Camera

23 Sep 2024

Surfrider, the Sierra Club, Heal the Bay, and San Francisco Baykeeper Sue Exxon for Hiding the Truth About Plastic Harms

23 Sep 2024

Bay Area continues to focus on plastic pollution as Exxon hit with lawsuit

12 Jun 2024

CPM Attorneys Recognized as 2024 Lawdragon 500 Leading Plaintiff Financial Lawyers

06 Jun 2023

Lawsuit Filed on Behalf of 7-Year-Old Twin Girls Whose Parents Were Killed in a Horrific Collision Caused by Two Young Street Racers

12 Apr 2023

A victory for the long-standing milk quota and dairy farmers statewide

07 Oct 2022

Lawsuit Filed Over Massive Water Leaks at SOMA Luxury High Rise That Left Tenants Displaced and Distressed

30 Sep 2022

Family alleges 93-year-old woman poisoned at San Mateo assisted living facility

29 Sep 2022

Family of Elderly Resident Who Was Poisoned and Died at Atria Park of San Mateo Files Lawsuit

29 Sep 2022

Senior Living Chain Attempted to Cover Up Fatal Poisonings, Lawsuit Claims

05 Jul 2022

CPM Attorneys Selected to 2022 Super Lawyers and Rising Stars List

24 May 2022

CPM Files Class Action Against ARC Automotive and Various Automobile Manufacturers for Defective Airbag Inflators Using Ammonium Nitrate

21 Mar 2022

Class Action Lawsuit Filed Against Chrysler for Defect Causing Unexplained Explosion and Fire in Pacifica Hybrids

07 Jan 2022

CPM Defeats Amazon’s Motion to Dismiss In Consumer Class Action For Unfair or Deceptive Marketing of Batteries

07 Jul 2021

17 CPM Attorneys Honored as Northern California Super Lawyers and Rising Stars

17 Mar 2021

Congratulations to Frank Pitre and Niall McCarthy for Winning the 2021 California Lawyer Attorneys of the Year Award

29 Jul 2020

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

01 May 2020

'Who Do You Want to Protect?': With CPM in Opposition, Gov. Newsom Reviewing Proposal that Would Let Nursing Homes Off the Hook from COVID-19 Liability

29 Apr 2020

CPM Urges Gov. Newsom--Don’t Give Legal Immunity to Nursing Homes Over Coronavirus

20 Jan 2020

CPM Garners $28 Million Settlement in Major Whistleblower Suit Against Boston Heart Diagnostics

19 Jun 2019

CPM Partners Selected to the Daily Journal’s Top Plaintiff Lawyers

CPM Partners and Litigation Experts McCarthy & Berger Receive 2019 California Lawyer Attorney of the Year (CLAY) Award

14 Mar 2019

Judge Allows CPM's Clients' Allegations of DWR’s Corruption, Discrimination, and Harassment related to the Oroville Dam Crisis to Move Forward

01 Feb 2019

Plaintiffs (CPM clients) file opposition to Motion to Strike in ongoing litigation over February 2017 Oroville Dam crisis

28 Nov 2018

CPM Partners McCarthy, Molumphy & Murphy Named to the Irish Legal 100

19 Sep 2018

Four CPM Partners Named Daily Journal's Top 100 Lawyers in California

12 Sep 2018

Federal Judge Rules that CPM Client's Whistleblower Suit Against Boston Heart Diagnostics May Proceed

22 Aug 2018

CPM Partners Cotchett and McCarthy Selected as Daily Journal's Top Plaintiff Lawyers

14 Aug 2018

CPM Client Retired Judge Files Lawsuit for Records of Trump, Jr. Private Business Trip

29 Jun 2018

Oroville Dam: Judge to determine where cases will be heard (CPM represents plaintiffs)

22 Mar 2018

Congratulations to CPM Partner Niall McCarthy for Being Sworn Into the International Academy of Trial Lawyers

20 Mar 2018

San Mateo Jury Awards $2.3 Million to CPM Client Former MLB Pitcher Who Was Attacked In Front of His Home

17 Jan 2018

CPM Client City of Oroville Files Lawsuit Against DWR for Decades of Mismanagement Resulting in the Oroville Dam Failure

11 Jan 2018

CPM Achieves $102 Million Settlement on Eve of Trial in Whistleblower Case Against BP

02 Aug 2017

CPM Files Government Claim Alleging the California Department of Water Resources Is Responsible for Damages from the Oroville Dam Spillway Flooding

15 May 2017

CPM client sues Palo Alto VA facility over Vietnam vet’s fatal fall

CPM Partners Cotchett and McCarthy Selected to the Daily Journal’s Top 100 Lawyers in California

CPM Partner McCarthy Selected into the International Society of Barristers

CPM Helps Senior Citizens Battle Against High End Campus Retirement Village for “Up-Streaming” $190 Million

CPM Helps Medical Laboratory Cases Move Towards Trial

02 Nov 2016

CPM Files First In The Nation Class Action Against Samsung For Exploding Samsung Note 5, S6 And S7 Series Phones

21 Sep 2016

Congratulations to CPM Partners Joe Cotchett and Niall McCarthy for Being Selected to Daily Journal's Top 100 Lawyers in California

19 Jul 2016

Multiple CPM Litigators Recognized as Northern California Super Lawyers 2016

15 Jun 2016

Congratulations to CPM Partners Joe Cotchett and Niall McCarthy for Being Selected as Two of the Top 50 Lawyers in California by the Daily Journal

16 Dec 2015

Court of Appeals Unanimously Upholds Elder Abuse Jury Verdict in Favor of CPM Client

10 Dec 2015

These Lawyers Want You to Know Slaves May Be Feeding Your Cat

16 Oct 2015

CPM client sues Costco over allegations of slave labor used for farming shrimp

19 Aug 2015

Costco Taken to Court by CPM in Class Action Case for Knowingly Selling Slave Labor Shrimp to Unsuspecting Californians

17 Aug 2015

Judge Allows CPM Client's Whistleblower Case Against BP to Proceed

16 Jul 2015

Multiple Cotchett, Pitre & McCarthy Lawyers Honored as Super Lawyers For Northern California

30 Jun 2015

$75.5 Million Settlement In CPM Client's Whistleblower Lawsuit Against Vmware, Inc.

30 Jun 2015

VMware and Carahsoft to Pay $75.5 Million to Settle False Claims Charge Brought by CPM Whistleblower Client

18 Jun 2015

Experts say balcony collapse that killed 6 likely due to dry rot

09 Apr 2015

CPM Achieves $48.5 Million Settlement in Whistleblower Lawsuit

CPM Files Elder Abuse Action for Senior Citizen Who was Bilked

CPM Files Whistleblower Case, Alleging BP Overcharged California for Natural Gas, California Attorney General Joins Lawsuit

CPM Brings Putative Class Action Against Best Buy Over Misstated Battery Life (Herron v. Best Buy)

CPM Represents Whistleblowers in Major Student Loan Fraud Case

CPM Partner Continues Ongoing Work for Court Funding

CPM Champions the Fight against Elder Abuse

CPM Partner McCarthy Named to the Irish Legal 100

12 Jan 2015

CPM Supports the Save Our Juries Campaign

09 Jan 2015

California A.G.'s Office Files Complaint Against BP in CPM Whistleblower Case

19 Dec 2014

CPM Partner Niall McCarthy Named to the Irish Legal 100 for 2014

13 Nov 2014

California A.G.’s Office Joins Cotchett, Pitre & McCarthy's Whistleblower Case Charging BP in Natural Gas Ripoff

03 Nov 2014

Center for Investigative Reporting Covers CPM's Spinal Screw Case

13 Sep 2014

CPM Partner Niall McCarthy Honored with Presidential Recognition Award

21 Aug 2014

CPM Partner Niall McCarthy Honored with Defender of Justice Award

09 Jul 2014

CPM Partners Cotchett, Pitre, McCarthy and Jabagchourian Named to 2014 Top 100 Northern California Super Lawyers List

Apr 2014

CPM Wins Elder Abuse Jury Trial In San Mateo County Superior Court

20 Mar 2014

Continuing Care Retirement Communities (CCRC) Residents Ask, ‘Where’s the Money?’

25 Feb 2014

Fake Medical Equipment Scandal Ran Rampant: CPM Whistleblower Client

20 Feb 2014

In elder abuse case, residents claim financial abuse at Vi at Palo Alto

17 Nov 2013

CPM Partner Niall McCarthy Awarded Marvin E. Lewis Award

24 Jul 2013

California Superior Courts in Crisis

24 Jul 2013

Multiple CPM Lawyers Named to Super Lawyers Annual List for Northern California

27 Mar 2013

CPM Files Lawsuit on Behalf of Cole Credit Property III, Inc. Against Corporate Directors

CPM Named as Super Lawyers 2012

Jul 2012

CPM Wins Jury Verdict for Almost $2 Million in Elderly Abuse Case

2012

CPM Partners McCarthy and Berger Honored with 2012 California Lawyer of the Year (CLAY) Award

CPM Partners Cotchett, McCarthy and Fineman Make Lawdragon 500 Leading Lawyers in America List

21 Sep 2011

CPM Partners Cotchett and McCarthy Named to Prestigious Daily Journal Top 100 Lawyers List

Multiple CPM Attorneys Named to Super Lawyers 2011 List

May 2011

CPM Achieves Largest False Claims Act Recovery in California History

Jan 2011

CPM Partner Niall McCarthy Featured in Plaintiff Magazine

28 Oct 2010

CPM Partner Niall McCarthy Receives Santa Clara School of Law Community Service Award

Multiple CPM Attorneys Named to Prestigious Super Lawyers 2010 List

10 Feb 2010

CPM Partner McCarthy Receives Nagle Award

Community Gatepath Names New Center for CPM Partner Niall P. McCarthy

Blog Posts

17 Aug 2015

Judge Allows Whistleblower Case Against BP to Proceed

30 Jun 2015

$75.5 Million Settlement In Whistleblower Lawsuit Against Vmware, Inc.

18 May 2015

CPM Attorneys Niall McCarthy and Eric Buescher publish chapter on Financial Elder Abuse in “Inside the Minds: Elder Law Client Strategies in California”

09 Apr 2015

$48.5 Million Settlement in Whistleblower Lawsuit

09 Jan 2015

California A.G.'s Office Files Complaint Against BP in CPM Whistleblower Case

13 Nov 2014

California Attorney General Joins Cotchett, Pitre & McCarthy in Whistleblower Case Against BP

03 Nov 2014

Center for Investigative Reporting Covers CPM's Spinal Screw Case

Speaking Engagements

2019

Witness Examinations

2018

Settlement Conferences

2017

Trial Practice

2016

Preparing Witnesses for Trial

2015

Financial Elder Abuse, Legal Assistance for Seniors Conference

2015

Qui Tam Litigation

2014

Trial Themes

2013

Qui Tam Actions

Annual CAOC Conventions

25 Apr 2012

The Lawyers' Club of San Francisco 65th Annual Supreme Court Luncheon

10 Feb 2012

California Lawyer's 2012 Attorney of the Year Award