Exhibit A — In re Bank of America California Unemployment Benefits Litigation (Dkt. 324-162, S.D. Cal. No. 3:21-md-02992)

Record facts

U.S. District Court for the Southern District of California · No. 3:21-md-02992-GPC-MSB · Doc. 324-162 · 2024-08-29 · Docket on CourtListener

Full text

EXHIBIT A 
Case 3:21-md-02992-GPC-MSB     Document 324-162     Filed 08/29/24     PageID.7255 
Page 1 of 67

 
2
COTCHETT, PITRE & McCARTHY, LLP 
ATTORNEYS AT LAW 
 
SAN FRANCISCO BAY AREA │ LOS ANGELES AREA  
NEW YORK │ SEATTLE  
 
WWW.CPMLEGAL.COM 
 
 
 
 
ADVOCATES FOR JUSTICE 
 
“The attorneys ... displayed truly exceptional levels of skill and tenacity.” 
 
- Judge of the U.S. District Court 
 
 
 
 
Case 3:21-md-02992-GPC-MSB     Document 324-162     Filed 08/29/24     PageID.7256 
Page 2 of 67

 
3
OUR FIRM 
 
Cotchett, Pitre & McCarthy, LLP (“CPM”) based on the San Francisco Peninsula for over 45 years, 
engages exclusively in litigation and trials. The firm’s dedication to prosecuting or defending 
socially just actions has earned it a national reputation. With offices in the San Francisco Bay Area, 
Los Angeles, Seattle, and New York, the core of the firm is its people and their dedication to 
principles of law, their work ethic, and their commitment to justice. We are trial lawyers dedicated 
to achieving justice. 
 
 
 
“The Cotchett firm has few peers that equal their ability in litigation. 
Their commitment to the cause of justice and their ethical standards stand apart. They are 
people who give back to the community and give lawyers a good name.” 
 
—Judge of the Superior Court (Retired) 
Case 3:21-md-02992-GPC-MSB     Document 324-162     Filed 08/29/24     PageID.7257 
Page 3 of 67

 
4
OUR PRACTICE AREAS 
 
CPM represents both plaintiffs and defendants in a wide range of practice areas, including: 
 
 Antitrust & Global Competition 
 Aviation / Helicopter Accidents 
 Commercial Litigation 
 Consumer Protection Class Actions 
 Defective Products / Mass Torts 
 Elder Abuse 
 Employment Law 
 Environmental Law 
 False Claims / Whistleblower Law 
 Municipal & Public Entity Litigation 
 Privacy & Intellectual Property 
 Personal Injury & Wrongful Death 
 Pharmaceutical Litigation 
 Securities / Financial Fraud 
 Shareholder Rights / Corporate Governance 
 
“This court has had the distinct pleasure of having the parties in this case represented by 
some of the finest attorneys not only in this state but in the country.” Cotchett, Pitre & 
McCarthy has “well reputed experience in [consumer fraud] litigation.” 
 
—Judge of the U.S. District Court 
Case 3:21-md-02992-GPC-MSB     Document 324-162     Filed 08/29/24     PageID.7258 
Page 4 of 67

 
5
OUR OFFICES 
 
 
 
San Francisco Bay Area 
840 Malcolm Road 
Burlingame, CA 94010 
T: 650.697.6000 
F: 650.697.0577 
 
 
Los Angeles Area  
2716 Ocean Park Blvd. 
Suite 3088 
Santa Monica, CA 90405 
T: 310.392.2008 
F: 310.392.0111 
 
 
40 Worth Street 
Suite 602 
New York, NY 10013 
T: 212.201.6820 
F: 917.398.7753 
Seattle 
999 N. Northlake Way 
Suite 215 
Seattle, WA 98103 
T: 206.802.1272 
F: 650.697.0577 
Case 3:21-md-02992-GPC-MSB     Document 324-162     Filed 08/29/24     PageID.7259 
Page 5 of 67

 
6
WHAT WE DO 
 
CONSUMER CASES 
 
In re Apple Inc. Device Performance Litigation 
United States District Court, Northern District of California  
CPM is Co-Lead Counsel representing a nationwide class of Apple customers who allege that that 
Apple issued software updates that slowed down the performance of certain iPhones.  On March 
17, 2021, the Northern District of California granted final approval of the class settlement of $310 
million to $500 million.  The district court entered Judgment on March 23, 2021. 
 
In re Zoom Video Communications, Inc. Privacy Litigation 
United States District Court, Northern District of California  
CPM served as Co-Lead Counsel representing a nationwide class of Zoom customers who alleged 
privacy and security issues with the Zoom Meeting Application (“App”).  The lawsuit alleged that 
Zoom (i) shared certain information with third parties, (ii) should have done more to prevent 
unwanted meeting disruptions by third parties, and (iii) advertised its Zoom Meetings App as being 
encrypted “end-to-end” when Plaintiffs contend it was not at that time.  On April 21, 2021, the 
Northern District of California granted final approval of the class settlement of $85 million. 
 
In re TikTok Inc., Consumer Privacy Litigation 
United States District Court, Northern District of Illinois 
CPM represents an individual in a multidistrict litigation transferred from Northern District of 
California to the MDL to Northern District of Illinois for violations of the Illinois 
Biometric Information Privacy Act (“BIPA”).   
 
In re Robinhood Outage Litigation 
United States District Court, Northern District of California  
CPM represents a putative class of consumers who were impacted by major outages of 
Robinhood’s stock trading platform during key fluctuations in the stock market. The plaintiffs 
allege that Robinhood was negligent in the development and maintenance of the Robinhood 
application, and that the company failed to implement an adequate business continuity plan as 
required by financial regulators. 
 
In re: Lenovo Adware Litigation 
USDC, Northern District of California 
CPM is Co-Lead Counsel in the Lenovo Adware Litigation related to surreptitiously installed 
malware on Lenovo computers.  The complaint alleges that the adware violates privacy laws by 
intercepting users’ behavioral data, including browsing history and electronic communications.    
 
In re: Lumber Liquidators Chinese-Manufactured Flooring Products Marketing, Sales 
Practices and Products Liability Litigation  
USDC, Eastern District of Virginia 
CPM is Co-Lead Counsel in the Lumber Liquidators case filed in the Eastern District of Virginia. 
The class action was filed against Lumber Liquidators alleging that their Chinese-manufactured 
Case 3:21-md-02992-GPC-MSB     Document 324-162     Filed 08/29/24     PageID.7260 
Page 6 of 67

 
7
laminate wood flooring products emit unsafe and dangerous levels of formaldehyde. 
 
Credit Counseling Industry Suit names Chase, Money Management International and Others 
USDC, Central District of California 
CPM filed a consumer fraud case against JP Morgan Chase & Co., Chase Manhattan Bank USA, 
Money Management International (also known as Consumer Credit Counseling Service) and 
Money Management By Mail, Inc. for fraudulent “debt counseling” and debt collections in the 
subprime credit industry. 
 
 
 
Anastasiya Komarova v. MBNA America Bank, N.A.; National Credit Acceptance, Inc. 
San Francisco Superior Court 
In a rare jury trial against a credit card collection agency, a San Francisco jury ruled in favor of a 
young woman who was the victim of an abusive campaign to force her to repay a debt she never 
incurred. Anne Marie Murphy and Justin T. Berger, two Associates at CPM represented 
Anastasiya Komarova, who was awarded $600,000 from National Credit Acceptance, Inc. in 2008.  
Komarova had been subjected to nearly a year of hostile telephone calls to her work place and a 
spurious arbitration proceeding, all over a bogus credit card debt and despite the fact that she 
repeatedly told the agency she never had an account with the credit card company in question. In 
issuing its verdict, the San Francisco Superior Court jury described National Credit Acceptance’s 
conduct as “outrageous.” The verdict is believed to be one of the largest verdicts in the country by 
a sole plaintiff alleging credit abuse. 
 
 
Hidden Wireless Telephone Fees 
San Mateo County Superior Court 
CPM filed a class action lawsuit against AT&T Wireless, Sprint and Cingular Wireless for illegally 
charging subscribers for services, including “local number portability” fees, even though the 
services are not available.   
 
In re: Hewlett-Packard Inkjet Printer Litigation 
USDC, Northern District of California 
CPM represented consumers who have been deceived by inaccurate low-on-ink warnings on 
Hewlett-Packard Inkjet Printers. The low-on-ink warnings appear even when there is a substantial 
amount of ink remaining in the ink cartridges, thereby misleading consumers into unnecessarily 
buying expensive ink cartridges.  
 
Rich v. Hewlett-Packard 
USDC, Northern District of California 
CPM represented consumers in a class action lawsuit against Hewlett-Packard, which has designed 
its printers to use color ink even when printing in black and white.  Hewlett-Packard does not 
disclose this design to consumers, who are forced to buy expensive color ink cartridges even when 
they only print simple black and white documents. 
 
Citigroup 
San Francisco County Superior Court 
CPM filed a consolidated class action on behalf of mortgage “packing” and “flipping” victims.  
Case 3:21-md-02992-GPC-MSB     Document 324-162     Filed 08/29/24     PageID.7261 
Page 7 of 67

 
8
Nationwide class certification for settlement purposes, and final approval of settlement, 2003. 
 
 
Ameriquest 
San Mateo County Superior Court 
CPM filed a “Bait and Switch” class action on behalf of mortgage borrowers.   Class certified for 
all purpose in 2003.  Settlement approved in 2005. 
 
 
Northern Trust Bank of California 
Los Angeles County Superior Court 
CPM filed a class action on behalf of beneficiaries of fixed-fee trusts charged excess trustee fees 
over a 21-year period.  Class certification for settlement purposes and final approval of settlement, 
2005.  
 
Old Republic 
Wisper v.  Old Republic Title Co. 
Verges v.  Old Republic Title Co. 
San Francisco County Superior Court 
CPM was Lead and liaison counsel in consolidated consumer class action against title company 
for unfair business practices regarding fee overcharges and “cost avoidance” relationships with 
banks.  Class certified for all purposes.  Verdict of $14 million in 2001. 
 
Household Lending 
USDC, Northern District of California 
CPM filed a nationwide class action on behalf of predatory lending victims.  Class certification for 
all purposes, 2003.  Final approval of settlement, 2004. 
 
Fairbanks Capital Corp. 
USDC, District of Massachusetts 
CPM filed a nationwide class action against mortgage loan servicing company for charging various 
improper fees, costs and charges.  Class certification for settlement purposes and final approval of 
settlement, 2004. 
 
 
Massachusetts General Life Ins. Co. 
Santa Clara County Superior Court 
CPM filed a “vanishing premium” class action on behalf of life insurance policyholders.  Class 
certified for all purposes, 1999. 
 
Commonwealth Life Ins. Co. 
Alameda County Superior Court 
CPM filed a consumer fraud class action against provider of reverse mortgages to elderly 
consumers.  Class certified on Business and Professional Code Violation for all purposes. 
 
 
Transamerica HomeFirst, Inc. 
San Mateo County Superior Court  
69 Cal.  App.  4th 577 (1999) 
Case 3:21-md-02992-GPC-MSB     Document 324-162     Filed 08/29/24     PageID.7262 
Page 8 of 67

 
9
CPM filed a consumer fraud class action against provider of reverse mortgages to elderly 
consumers.  Class certified on Business and Professional Code Violations for all purposes. 
 
 
Stewart Title Co. of California 
San Mateo County Superior Court 
CPM represented 115 individual plaintiffs in 81 consolidated cases arising from pyramid scheme 
fraud relating to fractionalized deeds of trust. 
 
In re Louisiana-Pacific Corp.  Inner-Seal OSB Trade Practices 
Agius v. Louisiana-Pacific Corp. 
USDC, Northern District of California 
CPM filed a nationwide product defect/Lanham Act class action on behalf of owners and operators 
of building and homes with defective and improperly certified oriented strand board wood 
sheathing.  (Class certified and settlement finally approved, 1998). 
 
Executive Life 
Los Angeles County Superior Court 
CPM filed an action by Insurance Commissioner on behalf of failed insurance company (Filed 
April 1991); also filed as a class action.  (Settled, 1994/95). 
 
Goodyear Tire & Rubber Co. 
USDC Southern District of California 
CPM filed a class action on behalf of franchisees for unfair business practices.  (Settled, 1996).  
 
First Capital Holdings 
San Diego County Superior Court 
CPM filed a class action on behalf of policy holders of failed insurance company.  (Settled, 
1992/93). 
 
 
Fidelity Federal Bank 
USDC, Central District of California (1993) 
824 F. Supp.  909 
9th Circuit Court of Appeals (1996) 
91 F. 3d 75 
CPM filed a class action on behalf of adjustable rate mortgage borrowers. 
 
In re: Diet Drugs (Phentermine, Fenfluramine, Dexfunfluramine) Products LiabilityLos 
Angeles County Superior Court 
USDC, Eastern District of Pennsylvania 
CPM filed a consumer fraud and product liability individual actions on behalf of approximately 
100 individuals. 
 
 
Prop.  103 
Calfarm Ins. Co. v. Deukmejian 
48 Cal. 3d 805 (1989) 
Case 3:21-md-02992-GPC-MSB     Document 324-162     Filed 08/29/24     PageID.7263 
Page 9 of 67

 
10
CPM filed a lawsuit on behalf of Ralph Nader and his organization regarding Proposition 103 (rate 
controls on insurance carriers). 
 
SECURITIES AND DERIVATIVE CASES 
 
 
 
Pampena v. Musk 
USDC, Northern District of California 
CPM and Bottini & Bottini serve as Co-Lead Counsel representing Twitter shareholders against 
Elon Musk for allegedly manipulating the market for Twitter stock in his attempts to renegotiate 
his deal to purchase the company. The suit alleges that Musk’s false statements and tweets delayed 
closing and induced shareholders to sell their Twitter shares and seeks damages for Twitter’s 
selling shareholders. 
 
In re Wells Fargo & Company Derivative Litigation 
USDC, Northern District of California 
CPM is Lead Counsel for the Shareholder Plaintiffs in connection with Wells Fargo’s alleged 
failure to meaningfully monitor Wells Fargo’s discriminatory lending and hiring practices. 
 
In re Wells Fargo & Company Derivative Litigation 
San Francisco Superior Court 
CPM is Lead Counsel for the Derivative Plaintiffs in the California State action against Wells 
Fargo’s current and former officers and directors based the rampant illegal sales practices revealed 
in late 2016. (Settled, 2019). 
 
Franchi v. Pera (Ubiquiti) 
San Mateo Superior Court  
CPM is Lead Counsel for the Derivative Plaintiffs in this action against Ubiquiti’s current and 
former officers and directors based on Ubiquiti’s Board deceit, fraud and insider selling.  
(Settled 2019).  
 
In re Eventbrite, Inc. Securities Litigation 
San Mateo County Superior Court 
CPM represents shareholders of Eventbrite, Inc. who invested in Eventbrite’s September 2018 
initial public offering. Eventbrite operates an event ticketing platform and manages certain events. 
The complaint alleges that Eventbrite misrepresented or failed to disclose information relating to 
the integration of an acquired company in the IPO documents sent to investors.   
 
Won et al. v. Neumann et al  
San Francisco County Superior Court 
CPM represents The We Company derivatively, and a putative class of investors who allege that 
directors of the company, including former CEO Adam Neumann mismanaged the company such 
that its valuation was reduced by over 80% percent. The plaintiffs allege that directors permitted 
Neuman to engage in egregious self-dealing and this conduct, among others, led to cancellation of 
the company’s anticipated public offering. 
 
Case 3:21-md-02992-GPC-MSB     Document 324-162     Filed 08/29/24     PageID.7264 
Page 10 of 67

 
11
Wong, et al. v. Restoration Robotics, et al.  
San Mateo County Superior Court  
CPM represents investors who purchased Restoration Robotics stock in its October 2017 initial 
public offering. Restoration Robotics is a medical technology company that developed technology 
to assist doctors with follicular unit extraction surgery, a type of hair restoration procedure. The 
action alleges the company failed to disclose issues with the commercial viability of the technology 
that, once disclosed, resulted in a drop in the share value.   
 
 
 
In re Uber Technologies, Inc. Securities Litigation 
San Francisco County Superior Court 
CPM represents investors in a proposed class action against Uber Technologies, Inc., Uber officers 
and directors, and the investment banking firms that acted as underwriters for Uber’s initial public 
offering in May 2019, alleging that Uber’s registration statement and prospectus contained 
misleading information about Uber’s condition. The action is pending in San Francisco Superior 
Court, where Uber’s headquarters is located. 
 
In re Wells Fargo & Company Auto Insurance Derivative Litigation 
San Francisco Superior Court 
CPM is Lead Counsel for the Derivative Plaintiffs in the California State action against Wells 
Fargo’s current and former officers and directors based the rampant illegal sales practices related 
to automobile and home loans revealed in 2017. (Settled, 2019). 
 
In re LendingClub Securities Litigation 
San Mateo Superior Court/USDC, Northern District of California 
CPM is Co-Lead Counsel for a certified class of shareholders alleging that LendingClub and 
certain officers failed to disclose material information at the time of its initial public offering.  The 
California state court action and the related federal court action settled for $125 million.  (Settled, 
2018). 
 
Chicago Laborers Pension Fund, et al. v. Alibaba Group Holding Limited, et al. 
San Mateo County Superior Court 
CPM served as Co-Lead counsel in the Alibaba securities litigation before the Honorable Richard 
H. DuBois. The securities class action was brought against Alibaba for alleged violations of §§11, 
12(a)(2) and 15 of the Securities Act of 1933 by reason of material misrepresentations and 
omissions in the Registration Statement and Prospectus for Alibaba’s September 2014 initial 
public offering.  The $75 million settlement was approved by Judge DuBois on May 17, 2019. 
 
In re ProNAi Therapeutics, Inc. Securities Litigation 
San Mateo Superior Court 
CPM is Lead Counsel seeking to represent a class of shareholders alleging that ProNAi failed to 
disclose material information at the time of its initial public offering relating to its developmental 
drug.  (Settled, 2019) 
 
Case 3:21-md-02992-GPC-MSB     Document 324-162     Filed 08/29/24     PageID.7265 
Page 11 of 67

 
12
In re Oportun Securities Litigation 
San Mateo Superior Court 
CPM is Lead Counsel for a certified class of Oportun’s common shareholders alleging that their 
ownership interests were unfairly diluted by a series of insider financing rounds led by Oportun’s 
largest preferred shareholders, including venture capital funds that had representatives on 
Oportun’s Board of Directors.  (Settled, 2018). 
 
In re Medical Capital Securities Litigation 
USDC, Central District of California 
CPM was Co-Lead Counsel for noteholders who invested in Medical Capital, a receivable 
company that turned out to be a Ponzi scheme. After Plaintiffs prevailed on several motions to 
dismiss, Bank of New York Mellon agreed to pay $114 million to resolve the actions.  Shortly 
thereafter, and on the eve of trial, Wells Fargo agreed to pay $105 million dollars to resolve the 
actions.  The combined $219 million recovery represents one of the largest recoveries against 
indenture trustees in United States history and the largest Ponzi recovery in California history. 
(Settled, 2013). 
 
In re Intuitive Derivative Litigation 
San Mateo Superior Court 
CPM was Co-Lead Counsel in a shareholder derivative action against certain current and former 
officers and directors of Intuitive, which sold a robotic surgical system, alleging that Intuitive 
failed to disclose ongoing issues with regulatory bodies and patient injuries from the system at the 
same time executives were reaping insider trading profits from personal trades.  (Settled, 2017). 
 
In re PG&E Derivative Litigation (San Bruno Gas Explosion) 
San Mateo County Superior Court 
CPM was Co-Lead Counsel representing PG&E shareholders following the gas pipeline explosion 
that devastated an entire neighborhood in San Bruno. The explosion, and resulting fire, killed eight 
people, injured dozens more and destroyed or damaged several dozen homes.  PG&E ultimately 
was held criminally liable for its conduct, and paid tens of millions of dollars in fines and 
settlements.  Through the derivative action, CPM secured a $90 million settlement from PG&E’s 
officers and directors, one of the largest monetary settlements in United States history, and 
extensive reforms to PG&E’s safety and risk management practices overseen by management 
along with ongoing reports to the Court.     
 
In re Alphabet Inc. Shareholder Derivative Litigation (Sexual Harassment Practices) 
Santa Clara County Superior Court 
CPM is currently counsel in consolidated shareholder derivative action, alleging that Alphabet’s 
management failed to monitor and prevent sexual harassment of employees by top Google 
executives and, instead, approved lucrative compensation to Google executives and then allowed 
them to quietly “resign” after they were credibly accused of sexual harassment and other 
misconduct.  Even after public outrage when the conduct was disclosed and the walkout of nearly 
20,000 Google employees, Alphabet failed to seek recourse.  The derivative action seeks to reform 
Alphabet’s governance 
 
Case 3:21-md-02992-GPC-MSB     Document 324-162     Filed 08/29/24     PageID.7266 
Page 12 of 67

 
13
Lehman Brothers Litigation 
USDC, Southern District of New York 
CPM was Liaison Counsel and represented San Mateo County, Monterey County, the cities of 
Auburn, San Buenaventura, Burbank, and Zenith Insurance Company in a securities action relating 
to their investment losses in Lehman Brothers. CPM, on behalf of its clients, was the only firm to 
obtain monetary recoveries from the individual defendants themselves and one of the first to 
pursue claims against Ernst &Young, LLP.  (Settled, 2014). 
 
 
 
In re Homestore.com, Inc. Securities Litigation,  
USDC, Central District of California 
CPM was Lead Counsel in a securities fraud class action representing CALSTRS against 
Homestore.com, Inc., its senior officers and directors, its auditors, and other companies who 
engaged in fraudulent “roundtripping” transactions, increasing revenues by false accounting 
methods.  In 2004 the court approved a settlement in which Homestore agreed to reform its 
corporate policies and pay approximately $93 million in stock and cash.  In 2011, CPM obtained 
a jury verdict against a Homestore executive for securities fraud. (Jury Verdict, 2011). 
 
HL Leasing Ponzi Scheme 
Fresno County Superior Court 
CPM obtained a jury verdict for $46.5 million against the top two senior officers of HL Leasing, 
Inc. for their involvement in a Ponzi scheme. The jury verdict came three days after the court had 
entered a directed verdict for $114 million against HL Leasing, Inc., Heritage Pacific Leasing and 
Air Fred, LLC for a Ponzi scheme in which over 1200 victims lost approximately $137 million. 
(Jury Verdict, 2011). 
 
Monterey County/ San Buenaventura / WaMu 
USDC, Western District of Washington 
CPM represented Monterey County and the City of San Buenaventura relating to their investment 
losses in Washington Mutual.  Defendants allegedly deceived investors relating to their 
underwriting and exposure to subprime losses, and engaged in misleading accounting practices. 
(Settled, 2011). 
 
Pay By Touch Litigation 
San Francisco County Superior Court 
CPM represented investors, including the Getty family trusts, in a securities action against UBS 
Securities and former executives of Pay By Touch alleging fraud and negligent misrepresentation. 
(Settled, 2011). 
 
California State Teachers’ Retirement System v. Qwest Communications 
San Francisco County Superior Court 
CPM represented CalSTRS in a securities action against Qwest Communications International, 
Inc., its securities underwriters, its senior officers and directors, and its auditor, Arthur Andersen 
arising out of the fraud executed by Qwest’s senior officers. The litigation strategy resulted in a 
Case 3:21-md-02992-GPC-MSB     Document 324-162     Filed 08/29/24     PageID.7267 
Page 13 of 67

 
14
$46.5 million settlement for CalSTRS alone, compared to the entire $400 million class settlement. 
CalSTRS’ individual settlement is approximately 11.6% of the total class settlement. CalSTRS 
also recovered over 50% of its actual damages, compared to a 6% class recovery.  This is an 
exceptional settlement in a securities litigation and became the subject of securities panel 
discussions. (Settled, 2007). 
 
California State Teachers’ Retirement System v. AOL Time Warner 
Los Angeles County Superior Court 
CPM represented CalSTRS in a securities action against AOL Time Warner, its securities 
underwriters, its senior officers and directors and its auditor, Ernst & Young (“E&Y”) alleging 
violations of state and federal securities law. CalSTRS was able to recover $107.4 million in 
settlement, representing 80% of its losses and over 7 times what it would have recovered if it had 
remained a member of the Class.  Our firm’s participation in the CalSTRS/AOL Time Warner 
litigation was also at the cutting edge of California securities law development. We obtained a 
ruling from the Los Angeles Superior Court holding that the Supreme Court ruling in Dura 
Pharmaceuticals, Inc. v. Broudo, 544 U.S. 336 (2005) did not apply to actions brought under the 
California securities laws. We also were one of the first firms to litigate the issue of reliance as it 
relates to index investing, an issue of significant importance to all pension funds. This litigation 
demonstrates our firm’s commitment to fighting to ensure that federal and state securities laws are 
able to protect injured investors and preserve the integrity of America’s securities markets. 
(Settled,2007). 
 
Worldcom 
The Regents of the University of California v. Salomon Smith Barney, Inc., et al. 
USDC, Southern District of New York 
CPM represented the Regents of the University of California in an individual securities action 
WorldCom, Inc., its underwriters and its officers and directors, including Bernard Ebbers, relating 
to a massive multibillion accounting fraud which resulted in the bankruptcy of one of the largest 
telecommunications companies in the United States. Regents had invested in WorldCom securities 
prior to the Class Period and would have recovered nothing from the settlement. This was one of 
the first cases to successfully bring a holder’s claim under California’s blue sky laws, as recognized 
by the California Supreme Court in Small v. Fritz (2003) 30 Cal.4th 167.  (Settled, 2006). 
 
In re Oracle Derivative Litigation 
USDC, Northern District of California 
CPM was Co-Lead Counsel for investors in a shareholder derivative complaint on behalf of Oracle 
Corporation against certain members of its Board of Directors and certain senior officers for breach 
of fiduciary duty and abuse of control relating to the over-billing of the US government for 
software products. 
 
In re Novellus Systems, Inc. Litigation 
Santa Clara County Superior Court 
CPM was Co-Lead Counsel in a class action representing the Louisiana Municipal Police 
Employees’ Retirement System against Novellus’ Board of Directors for alleged breaches of their 
fiduciary duties arising from a merger with Lam Research Corporation.  CPM alleged that the 
Case 3:21-md-02992-GPC-MSB     Document 324-162     Filed 08/29/24     PageID.7268 
Page 14 of 67

 
15
merger was for inadequate consideration and was arrived at through an unfair process that did not 
adequately safeguard the interest of Novellus shareholders.  (Settled, 2012).  
 
In re Mutual Funds Investment Litigation 
USDC, District of Maryland 
CPM was Lead Counsel in a securities fraud class action filed against Janus mutual funds for 
allowing select investors to make substantial profits at the expense of other investors.  The suits 
were filed in September 2003 and accuse the funds of allowing “market timing” and “late trading” 
by its largest customers resulting in millions of dollars of losses to other shareholders.  (Settled, 
2010). 
In re Genentech/Roche Shareholder Litigation 
San Mateo County Superior Court 
CPM was Co-Lead Counsel in a class action alleging several defendants breached their fiduciary 
duty relating to a proposed buy-out offer of Genentech by its largest and controlling shareholder, 
Roche Holdings.  (Settled, 2009). 
 
Merrill Lynch Class Action 
USDC, Southern District of New York 
CPM represented former First Republic Bank shareholders in a securities class action against 
Merrill Lynch & Co., which is accused of hiding billions of dollars of losses related to subprime 
mortgages while the companies’ merger was pending.  Defendants allegedly mislead First 
Republic shareholders about its finances as they considered Merrill’s $1.8 billion takeover of the 
company.  (Settled, 2009). 
 
In re Apple Computer Inc. Derivative Litigation  
USDC, Northern District of California 
CPM was Lead Counsel in a derivative action on behalf of Apple relating to backdating of stock 
options granted to various executives.  The action alleged violations of federal and California state 
securities statutes and resulted in Settlement of cash and novel corporate governance reform.  
(Settled, 2008). 
 
Madoff Litigation 
New York State Supreme Court 
CPM represents investors in a securities action naming individuals and entities who are alleged to 
be liable in the $65 billion Ponzi Scheme perpetrated by Bernard Madoff.  Plaintiffs allege that 
Defendants, JP Morgan and the Bank of New York as well as accounting firm KPMG LLP and 
their international counterparts, KPMG UK and KPMG International were primary players 
responsible for the fraud.  Partners Joseph Cotchett and Nancy Fineman were the first and only 
attorneys to interview Bernard Madoff in prison. 
 
American Continental Corp./Lincoln Sav. & Loan 
794 F. Supp. 1424, UDSC, District Court of Arizona 
CPM represented shareholder and bondholder victims of Charles Keating in a securities class 
action, and related insurance coverage litigation, including lengthy jury trial. (Largest jury verdict 
against an individual defendant in American history – $3.5 billion against Keating and others.)  
Case 3:21-md-02992-GPC-MSB     Document 324-162     Filed 08/29/24     PageID.7269 
Page 15 of 67

 
16
(Jury Verdict). 
 
Technical Equities Litigation 
Abelson v. National Union 
Santa Clara County Superior Court  
CPM represented hundreds of individual plaintiffs in a fraud litigation, and subsequent insurance 
coverage and insurance bad faith litigation, and included three lengthy jury trials and three court 
trials. (Largest verdict in California for 1991). 
 
 
Bily v. Arthur Young & Co. 
3 Cal. 4th 370 (1992) 
CPM represented shareholders in a professional negligence action against Arthur Young & Co. for 
materially misleading financial statements. Seminal case in California discussing auditor liability 
to shareholders. 
 
In re Federal Home Loan Mortgage Corp. (Freddie Mac) Securities Litigation 
USDC, Southern District of New York 
CPM was Lead Counsel in securities class action against Freddie Mac executives alleging that 
they misrepresented material facts regarding Freddie Mac’s business prior to government 
conservatorship.  The losses suffered by the Class of preferred shareholders exceed $6 billion. 
(Settled). 
 
Diversified Lending Group 
Los Angeles County Superior Court 
CPM represents investors in a securities action involving a multi-hundred million dollar fraudulent 
investment scheme perpetrated by Diversified Lending Group, Inc., Applied Equities, Inc. Bruce 
Friedman, and Diane Cano.  (Settled). 
 
In re Informix Derivative Litigation 
Smurthwaite v. White  
San Mateo County Superior Court 
CPM was Lead Counsel in consolidated shareholder derivative actions against corporate officers, 
directors and accountants relating to accounting fraud.  (Settled, 2000). 
 
In re Sybase Derivative Litigation 
Alameda County Superior Court  
Krim v. Kertzman 
Alameda County Superior Court 
CPM was Lead Counsel in consolidated shareholder derivative actions against corporate officers 
and directors.  (Settled, 2000). 
 
CBT Group Litigation 
Durrett v. McCabe 
San Mateo County Superior Court 
Case 3:21-md-02992-GPC-MSB     Document 324-162     Filed 08/29/24     PageID.7270 
Page 16 of 67

 
17
CPM represented holders of American Depository Shares in a derivative litigation against officers 
and directors of CBT Group PLC for accounting fraud and insider trading.  (Settled, 2000). 
 
Orange County Securities Litigation 
Smith v. Merrill Lynch 
Orange County Superior Court 
CPM represented debt securities holders of Orange County and its investment pool participants in 
a securities class action. (Settled, 1997).  
 
 
Acclaim Securities Litigation 
Campbell v. Petermeier, et al. 
Alameda County Superior Court 
Campbell v. Acclaim Entertainment, Inc., et al. 
USDC, Eastern District of New York 
CPM represented investors in a securities class action arising from a stock swap merger. (Settled, 
1997). 
 
 
In re Pilgrim Securities Litigation 
USDC, Central District of California 
CPM represented investors in a mutual fund fraud class action. (Settled, 1997). 
 
West Valley Litigation 
Knight v. Rayden 
Santa Clara County Superior Court 
CPM represented real estate limited partnership investors in a securities class action.  (Settled, 
1996). 
 
In re Oak Technologies Securities Litigation 
Santa Clara County Superior Court 
CPM served as Co-Lead Counsel for investors in a securities class action for insider trading and 
abuse of control. (Settled).  
 
In re HomeFed Securities Litigation 
USDC, Southern District of California  
CPM represented bankrupt S&L as plaintiff in action against former S&L officers, directors and 
accountants for mismanagement and breach of fiduciary duty.  (Settled). 
 
Giorgetti v. BankAmerica Corp. 
San Francisco County Superior Court   
CPM represented shareholders in a class action for failure to pay control premium in connection 
with merger between Bank of America and NationsBank Corp.  (Settled). 
 
Harmsen v. Smith 
693 F. 2d 932 (9th Cir. 1982) 
Case 3:21-md-02992-GPC-MSB     Document 324-162     Filed 08/29/24     PageID.7271 
Page 17 of 67

 
18
586 F. 2d 156 (9th Cir. 1978) 
542 F. 2d 496 (9th Cir. 1976) 
CPM represented shareholders of United States National Bank, San Diego in a securities class 
action against C. Arnholt Smith and other officers, directors, and insiders.   Multi-million dollar 
jury verdicts upheld on appeal.  The first securities class action tried on both liability and damages 
to a jury.  
 
 
 
 
J. David Dominelli Litigation 
Rogers & Wells v. Superior Court 
175 Cal. App. 3d 545 (1986) 
CPM represented hundreds of clients in investor fraud litigation in San Diego County Superior 
Court including a lengthy jury trial. 
 
 
PUBLIC ENTITY CASES 
 
People of the State of California v. Atlantic Richfield, et al. (“Lead Paint Litigation”) 
Santa Clara County Superior Court 
CPM represented the People of the State of California alongside ten California Cities and Counties 
in a public nuisance action in the Complex Department of Santa Clara County Superior Court.  The 
six defendants included the largest historical manufacturers of lead-based paint and lead pigments 
in the country.  The case was initially filed in March of 2000, and was finally brought to trial in 
the summer of 2013.  The Lead Paint Litigation is considered one of the largest representative 
public nuisance actions in the country ultimately resulting in a judgment for the People in the 
amount of $1.15 Billion.   
 
LIBOR-Based Financial Instruments Antitrust Litigation 
USDC, Southern District of New York 
CPM represents the Counties of San Mateo and San Diego, the Cities of Richmond and Riverside, 
East Bay Municipal Utility District, and other public entities who invested in financial instruments 
that were tied to the London Interbank Offered Rate, or LIBOR.  LIBOR is the world’s benchmark 
rate used for setting interest rates on a wide range of financial instruments, from car and home 
loans to municipal derivatives.  LIBOR is set daily based on the borrowing costs reported by 
members of the British Bankers’ Association.  The complaints allege that the member banks 
conspired to suppress LIBOR, both to reduce the amounts they were required to pay on LIBOR-
linked transactions, and to increase their perceived strength in the market.  Plaintiffs invested 
significant sums in financial instruments, such as interest rate swaps and corporate securities, the 
rates of return of which were tied to LIBOR, and earned less on those investments as a result of 
the alleged suppression of LIBOR. 
 
Municipal Derivative Investment Antitrust Litigation 
USDC, Southern District of New York 
Case 3:21-md-02992-GPC-MSB     Document 324-162     Filed 08/29/24     PageID.7272 
Page 18 of 67

 
19
Along with co-counsel, CPM represents Los Angeles and numerous public entities who purchased 
Guaranteed Investment Contracts (“GICs”) and other derivative investments.  GICs and derivative 
investments are purchased from financial institutions, insurance companies, and others through a 
competitive bidding process overseen by brokers.  They are purchased when public entities issue 
tax-exempt municipal bonds to raise funds to finance public works projects and have funds that 
are not immediately needed for the project.  CPM’s investigation has uncovered, and the 
complaints allege, that the competitive bidding process is a sham as securities sellers and brokers 
in the derivative investment market have engaged in a conspiracy to allocate the market and rig 
the bidding process in violation of antitrust law and common law. 
 
Municipal Bond Insurance Antitrust Litigation 
San Francisco County Superior Court 
CPM represents Los Angeles and numerous public entities who issued tax-exempt municipal 
bonds to raise funds to finance public works projects and were compelled to purchase insurance 
for those bond issuances.  When a public entity issues bonds, its credit rating determines the 
interest it will pay to bond holders.  To reduce the interest rate, public entities have had to purchase 
bond insurance to improve their credit worthiness (despite an historical default rate of less than 
0.1 percent).  CPM’s investigation has uncovered and the complaints allege that the bond insurance 
companies violated antitrust law and common law by conspiring to maintain a dual credit rating 
system that discriminates against public entities (versus private corporations), causing public 
entities to pay unusually high premiums to purchase unnecessary bond insurance, and failure of 
the bond insurance companies to disclose they made risky investments in the subprime market that 
has led to the downgrading of the bond insurers’ own credit ratings. 
 
San Francisco Unified School District 
Sacramento County Superior Court 
CPM filed a consumer fraud and negligence case against a Fortune 250 energy company in a 
scheme to defraud the district in connection with an energy contract to upgrade schools and help 
the district save in energy costs.  (Settled in June of 2004 for $43.1 million) 
 
National Gas Anti-Trust Cases I, II, III, & IV 
San Diego Superior Court 
CPM represented eleven public entities and others for the reporting of false information by non-
core natural gas retailers to published price indices to manipulate the natural gas market during the 
California energy crisis.  CPM successfully prosecuted this case, concluding in approximately 
$124 Million in settlements. 
 
In re Commercial Tissue Products Public Entity Indirect Purchaser Antitrust Litigation 
County of San Mateo v. Kimberly-Clark Corp. 
San Francisco County Superior Court 
CPM served as the Public Entity Co-Liaison Counsel, and filed an antitrust class action on behalf 
of public entity consumers of commercial sanitary paper products for an alleged price-fixing 
conspiracy among producers.  This case settled for approximately $2,250,000. 
 
Judicial Counsel of California 
Case 3:21-md-02992-GPC-MSB     Document 324-162     Filed 08/29/24     PageID.7273 
Page 19 of 67

 
20
USDC, Northern District of California 
CPM successfully defended the Chief Justice of the State of California and the Judicial Counsel 
of California in an action brought by the National Association of Securities Dealers (NASD) to 
invalidate California’s Ethics Standards for Neutral Arbitrators by demonstrating that the 11th 
Amendment bars federal actions against these state actors. 
 
Federal Energy Regulatory Commission (FERC) 
United States Court of Appeals, 9th Circuit 
CPM represented the California State Senate, the California State Assembly, and the City of 
Oakland in an action against FERC.  Petitioned the Court to issue a writ of mandamus to compel 
FERC to take action to ensure just and reasonable rates for energy in California and the Western 
states. 
 
Central Sprinkler County of Santa Clara v.  Central Sprinkler Corp. Santa Clara County 
Superior Court Hart v.  Central Sprinkler Corp.  
Los Angeles County Superior Court 
CPM filed a consumer class action against manufacturer of automatic fire suppression sprinklers 
for product defects and consumer fraud.  (Class certified and settlement finally approved, 1999).  
193 Cal. App. 3d 802 (1987).  Class action for antitrust and unfair business practices. 
 
 
ANTITRUST CASES 
 
In re Automotive Parts Antitrust Litigation 
United States District Court, Eastern District of Michigan 
CPM serves as co-lead counsel for end-payor plaintiffs against a number of automotive parts 
suppliers for allegedly engaging in massive conspiracies to fix the prices, rig the bids, and allocate 
the markets of various automotive parts sold to automobile manufacturers, next sold to automobile 
dealerships, and then sold to consumers and businesses. To date, CPM and its co-lead counsel 
have recovered over $1.2 billion for the indirect purchaser classes. 
 
In re Broiler Chicken Antitrust Litigation 
United States District Court, Northern District of Illinois 
CPM serves as co-lead counsel for commercial and institutional indirect purchasers against broiler 
chicken suppliers for allegedly engaging in a conspiracy to fix, raise, maintain, and stabilize the 
prices of broiler chickens by coordinating output and limiting production with the intended and 
expected result of increasing the prices of broiler chickens. To date, CPM and its co-lead counsel 
have recovered over $104 million for the classes. 
 
In re Capacitors Antitrust Litigation 
United States District Court, Northern District of California 
CPM serves as lead counsel for indirect purchasers of electrolytic and film capacitors against 
capacitor suppliers for allegedly engaging in two massive and separate conspiracies to unlawfully 
inflate, fix, raise, maintain, and/or artificially stabilize the prices of electrolytic and film capacitors, 
respectively. CPM recovered $80.4 million for the classes. 
Case 3:21-md-02992-GPC-MSB     Document 324-162     Filed 08/29/24     PageID.7274 
Page 20 of 67

 
21
 
In re Cattle and Beef Antitrust Litigation 
United States District Court, District of Minnesota 
CPM serves as co-lead counsel for direct purchaser plaintiffs against beef processing and packing 
defendants for allegedly engaging in a conspiracy to constrain beef supplies in the United States, 
thereby artificially inflating domestic beef prices. To date, CPM and its co-lead counsel have 
recovered $52.5 million for the class. 
 
In re Domestic Airline Travel Antitrust Litigation 
United States District Court, District of Columbia 
CPM serve as co-lead counsel for purchasers of air transportation against American Airlines, Inc., 
Delta Airlines, Inc., Southwest Airlines Co., and United Airlines, Inc. for allegedly engaging in a 
conspiracy to restrict capacity and thereby raise prices for air passenger transportation services. 
To date, CPM and its co-lead counsel have recovered $60 million for the class. 
 
In re Farm-Raised Salmon and Salmon Products Litigation 
United States District Court, Southern District of Florida 
CPM serves as a member of an informal Executive Committee and represents a class of indirect 
salmon buyers against Norwegian salmon-farming companies for allegedly coordinating price 
hikes of salmon and salmon products. Counsel for indirect purchaser plaintiffs recovered $33 
million for the classes. 
 
In re Freight Forwarders Antitrust Litigation 
United States District Court, Eastern District of New York 
CPM served as co-lead counsel for purchasers of freight forwarding services from freight 
forwarders who allegedly engaged in a conspiracy to unlawfully inflate, fix, raise, maintain, and/or 
artificially stabilize the prices of freight forwarding services. CPM and its co-lead counsel 
recovered approximately $450 million for the class. 
 
In re Google Play Consumer Antitrust Litigation 
United States District Court, Northern District of California 
CPM serves on the Steering Committee and represents consumers of Android apps and in-app 
purchases against Google for allegedly and unlawfully maintaining a monopoly in the Android 
application distribution market and in-app aftermarket. In September 2023 Consumer Plaintiffs 
and Google reached an agreement in principle to settle the case, after many months of mediation. 
The agreement in principle specifies that Google will pay approximately $700 million to 
reimburse consumers for their allegedly inflated app purchases. 
 
In re Lithium Batteries Antitrust Litigation 
United States District Court, Northern District of California 
CPM served as co-lead counsel for indirect purchasers of lithium-ion batteries against lithium-ion 
battery suppliers for allegedly engaging in a conspiracy to fix the prices of these products. CPM 
and its co-lead counsel recovered $113 million for the classes. 
 
In re Resistors Antitrust Litigation 
Case 3:21-md-02992-GPC-MSB     Document 324-162     Filed 08/29/24     PageID.7275 
Page 21 of 67

 
22
United States District Court, Northern District of California 
CPM served as lead counsel for indirect purchasers of linear resistors against resistor suppliers for 
allegedly engaging in a conspiracy to unlawfully inflate, fix, raise, maintain, and/or artificially 
stabilize the prices of linear resistors. CPM recovered $33.4 million for the classes. 
 
In re Transpacific Passenger Air Transportation Antitrust Litigation 
United States District Court, Northern District of California 
CPM served as co-lead counsel for purchasers of air transportation against 13 Asian and Oceanic 
airlines for allegedly engaging in a conspiracy to fix the prices of discount fares and fuel surcharges 
on long-haul passenger flights for transpacific routes. CPM and its co-lead counsel recovered 
over $148 million for the classes. 
 
PRODUCT LIABILITY CASES 
In re: Toyota Motor Corp. Unintended Acceleration Marketing, Sales Practices, and Products 
Liability Litigation 
USDC, Central District of California 
CPM was Co-Lead counsel in a class action against Toyota Motor Corporation and its U.S. sales 
and marketing arms, Toyota Motor Sales, U.S.A., Inc. and Toyota Motor North America, Inc.  
United States District Judge James V. Selna appointed Frank M. Pitre as Co-Lead Counsel for the 
Economic Loss Committee in the Toyota sudden unintended acceleration litigation.  The MDL 
involves more than 200 lawsuits divided into two groups: those seeking losses on behalf of 
consumers and others who have lost value on their Toyotas, and those seeking damages for people 
who have been injured or killed in a Toyota. (Settled, 2012 - $1.3 billion). 
 
Bextra and Celebrex Marketing Sales Practices and Product Liability Litigation 
USDC, Northern District of California 
CPM was co-lead trial counsel in the In Re: Bextra and Celebrex Mktg., Sales Practices & Product 
Liability Litigation, which culminated in Pfizer agreeing to pay $894 million to settle consolidated 
injury and class action cases related to its pain killers Bextra & Celebrex. 
 
Vioxx Product Liability Litigation 
USDC, Northern District of New York 
CPM represents a number of individuals who suffered medical injuries such as heart attacks and 
strokes after taking the prescription drug Vioxx.  The drug was withdrawn from the market by its 
manufacturer and distributor, Merck & Co., Inc., after evidence emerged linking the drug to heart 
attacks, strokes, sudden cardiac death and other serious cardiovascular risks. 
 
Sharper Image Corporation v. Consumers Union of United States 
USDC, Northern District of California 
CPM was successful in defending under California’s Anti-SLAPP statute of product 
disparagement claim brought by Sharper Image relating to reviews of Sharper Image’s Ionic 
Breeze air cleaner published in Consumer Reports. 
 
Isuzu Motors Ltd. v. Consumers Union of the United States, Inc. 
Case 3:21-md-02992-GPC-MSB     Document 324-162     Filed 08/29/24     PageID.7276 
Page 22 of 67

 
23
USDC, Central District of California 
CPM represented defendant publisher of Consumer Reports in defamation/product disparagement 
litigation brought by auto manufacturer against non-profit consumer testing organization. Jury 
verdict for Consumers Union after a two-month jury trial.  
 
Suzuki Motor Corp. Japan v. Consumers Union of the United States, Inc. 
USDC, Central District of California 
CPM represented defendant publisher of Consumer Reports in defamation/product disparagement 
litigation brought by auto manufacturer against nonprofit consumer testing organization. Summary 
judgment in favor of defendants was granted in May 2000. 
Diet Drug Litigation 
Los Angeles County Superior Court  
USDC, Eastern District of Pennsylvania 
CPM represented approximately 100 individuals in consumer fraud and product liability individual 
actions. 
 
 
 
Rhonda Albom, et al. v. Ford Motor Company/Firestone Tires 
Los Angeles Superior Court 
CPM represented a young child and her mother who were injured when their Ford Explorer veered 
out of control and rolled over in Half Moon Bay, California.  The case was one of several against 
Ford Motor Company and Firestone Tires consolidated before the Superior Court of Los Angeles. 
 
Swine Flu Immunization Products Litigation 
Adleson v. United States 
USDC, Northern District of California (1981) 
523 F. Supp. 459 
USDC, District of Columbia (1980) 
89 F.R.D. 695 
MDL actions for product liability. 
 
Bausch & Lomb Contact Lens Solution Product Liability Litigation 
USDC, District of South Carolina 
CPM represents individuals who sustained serious eye injuries as a result of the use of the contact 
lens solution ReNu with MoistureLoc.  The product was withdrawn from the market by its 
manufacturer and distributor, Bausch & Lomb, after it was associated with fungal keratitis (a rare 
type of eye infection).  
 
Dephlia Davis, et al. v. Actavis Group, et al. 
USDC, Northern District of California 
CPM represented individuals who were injured or killed after injecting the drug Digitek, which 
was formulated and distributed by the manufacturers and suppliers at a level more than double the 
FDA prescribed maximum. 
 
Trawick v. Parker-Hammifin, et al. 
Monterey County Superior Court 
Case 3:21-md-02992-GPC-MSB     Document 324-162     Filed 08/29/24     PageID.7277 
Page 23 of 67

 
24
CPM successfully prosecuted a product liability claim against the manufacturer and supplier of a 
defective rubber hose coupling installed on a forklift which failed and killed a construction 
foreman at the Monterey Plaza Hotel. 
 
Austin Hills, et al. v. S & G Ragsdale Equipment Co., LLC, et al.   
Napa County Superior Court 
CPM represented the Hills family in a product liability/negligence claim against the parties 
responsible for the defective operation of a truck/trailer hitch system which caused a 5 ton trailer 
with drilling equipment to disengage, then swerve into the opposing lane of traffic killing Erika 
Hills, a resident of Napa. 
Munoz, et al. v. Bayer Corporation, et al. 
San Joaquin County Superior Court 
CPM successfully represented multiple individuals who were killed or injured after ingesting the 
drug Baycol, which was promoted by Bayer Pharmaceutical without alerting users of a severe 
muscle adverse reaction known as rhabdomyolysis. 
 
In re Cable News Network and Time Magazine “Operation Tailwind” Litigation, 
Sheppard v. Cable News Network, Inc. 
USDC, Northern District of California 
CPM represented Vietnam veterans in an action against Time and CNN who falsely reported to 
have committed war crimes in Laos.  
 
 
 
QUI TAM CASES 
 
Medical Laboratories Medi-Cal Fraud Case 
Sacramento County Superior Court 
 
 
CPM represented a whistleblower, Chris Riedel, who owns a lab company, Hunter Laboratories 
of Campbell, California.  The California Attorney General’s office joined the case in late 2008.  
The lawsuit alleged that, despite state law requiring that California’s Medi-Cal program receive 
the lowest price for lab services, Quest Diagnostics, the largest lab in California, and LabCorp, the 
second largest, routinely billed California prices far above what it was charging others.  The case 
settled in 2011, recovering $301 million in taxpayer money from the lab defendants, including 
$241 million from Quest Diagnostics, Inc.  The $241 million settlement is the largest False Claims 
Act recovery in California history, and the largest single-state False Claims Act settlement ever in 
United States history. 
 
 
 
California ex rel. Richardson v. Ischemia Research & Education Foundation 
San Francisco Superior Court 
CPM filed a Qui Tam California False Claims Act case against research foundation for failure to 
pay direct and overhead costs in clinical drug studies to its host university.  (Settled, 1997) 
 
United States v. Columbia HCA 
USDC, Northern District of California 
CPM filed a Qui Tam False Claims Act litigation against healthcare provider for false billing.  
 
Case 3:21-md-02992-GPC-MSB     Document 324-162     Filed 08/29/24     PageID.7278 
Page 24 of 67

 
25
United States v. Tenet Healthcare Corporation 
USDC, Central District of California 
CPM filed a Qui tam False Claims Act litigation against healthcare provider for false claims for 
payment. 
 
 
BUSINESS CASES 
Humboldt Creamery Litigation 
Humboldt County Superior Court 
CPM is representing the Liquidating Trustee of Humboldt Creamery, LLC in a lawsuit filed against 
the company’s former Chief Executive Officer, Richard Ghilarducci, its Chief Financial Officer, 
Ralph A. (Tony) Titus and its independent auditor, Frank X.Gloeggler alleging financial fraud.  
Defendants are alleged to have had manipulated financial data by creating different sets of financial 
statements for different purposes and inflating revenue. 
 
 
Siller v. Siller Brothers, Inc. 
Sutter County Superior Court 
CPM successfully represented a minority shareholder in a dissolution proceeding and trial 
establishing a value for his corporate interest at more than double that of the court appointed 
appraisers. 
 
Olympus v. Taisei Construction 
Santa Clara County Superior Court 
CPM represented the owner of the prestigious Calistoga Ranch Resort in an action for fraudulent 
overbilling against Taisei Construction. 
 
ENVIRONMENTAL AND TOXIC CASES 
 
Earth Island Institute v. Crystal Geyser Water Co. et al.,  
USDC, Northern District of California 
San Mateo Superior Court 
CPM represents Earth Island, a Berkeley-based nonprofit institution, seeking to hold major 
consumer goods companies accountable for their contribution to plastic pollution in California 
shores and waterways. Earth Island alleges that, among other conduct, the defendants misled 
consumers about the recyclability of their products’ plastic packaging. 
 
Lawsuit Against Caltrans to Protect Ancient Redwoods 
USDC, Northern District of California 
San Francisco County Superior Court 
CPM filed an environmental action against Caltrans challenging Caltrans’ approval of a 
controversial highway widening and realignment project alleging that they violated the California 
Environmental Quality Act in approving the project. 
 
 
Cosco Busan Oil Spill 
Case 3:21-md-02992-GPC-MSB     Document 324-162     Filed 08/29/24     PageID.7279 
Page 25 of 67

 
26
Tarantino, et al. v. Hanjin Shipping Co., Ltd., et al.  
San Francisco County Superior Court 
Loretz, et al. v. Regal Stone, Ltd., et al.  
USDC, Northern District of California 
CPM is co-lead counsel for settlement and litigation classes of San Francisco Bay fishermen 
economically injured by the November 7, 2007 Cosco Busan oil spill. (Partially Settled, 2010). 
 
Californians for Native Salmon Litigation 
221 Cal. App. 3d 1419 (1990) 
Representative action regarding approval of timber harvest plans. 
Avila Beach Environmental Litigation 
Poist v. Unocal Corporation 
San Luis Obispo County Superior Court 
CPM represents owners of interest in timeshares in cost-side towns in an environmental toxic class 
action arising out of petroleum contamination and remediation efforts.   
 
 
 
 
Cambria Community Services District/Chevron Litigation 
San Luis Obispo County Superior Court 
CPM represented Cambria Community Services District against Chevron for a leak which 
contaminated the town’s drinking water supplies with MTBE.  The firm was successful in securing 
a settlement for Cambria which permitted it to insure that alternate water sources were available 
for the community. 
 
 
 
Santa Maria Valley Litigation 
Story, et al. v. Unocal Corporation, et al.  
Santa Barbara County Superior Court 
Span, et al. v. Unocal Corporation, et al. 
Santa Barbara County Superior Court 
Adelhelm, et al. v. Unocal Corporation, et al. 
Santa Barbara County Superior Court 
Chabot, et al. v. Unocal Corporation, et al. 
Santa Barbara County Superior Court 
CPM represented homeowners and families living in Santa Maria, California, an old oil field which 
was the setting of the film There Will be Blood.  When production in the oil field tapered off, 
residential communities were constructed atop the old oil fields – and on top of the waste which 
the oil companies left behind.  The firm has been successful in providing remedies to these 
families, who have been able to leave behind their polluted homes and communities and restart 
their lives. 
 
Burbank Litigation 
USDC, Central District of California 
CPM represented homeowners for nuisance arising from environmental remediation efforts at site 
of massive toxic contamination. 
 
Voisinet Litigation 
Case 3:21-md-02992-GPC-MSB     Document 324-162     Filed 08/29/24     PageID.7280 
Page 26 of 67

 
27
Voisinet, et al. v. Unocal, et al. 
San Luis Obispo County Superior Court 
CPM represented home developers for nuisance and fraud arising out of petroleum contamination. 
 
Bridgestone/Firestone Litigation 
Dower, et al. v. Bridgestone/Firestone North American Tire, LLC, et al. 
USDC, Northern District of California 
CPM represented homeowners for toxic groundwater contamination released from the Crazy 
Horse Sanitary Landfill in Salinas, California.  
 
AVIATION CASES 
 
Asiana Flight 214 Crash 
USDC, Northern District of California 
CPM is currently representing several passengers who were aboard Asiana Airlines Flight 214 
that crashed and caught fire while landing at San Francisco International Airport on July 6, 2013. 
 
Tesla Plane Crash Litigation 
San Mateo County Superior Court 
CPM is representing victims of the February 17, 2010 crash of the Cessna 310R aircraft that took 
off from the Palo Alto Municipal Airport and collided with power lines, then crashed into multiple 
homes, narrowly missing a day care center.  All three people killed in the plane crash were Tesla 
engineers. 
 
 
Alaska Airlines Litigation 
USDC, Northern District of California 
CPM represented the survivors of one of the victims of crash of Alaska Airlines Flight 261 on 
January 31, 2000 off the coast of California.  
 
Singapore Airlines Litigation 
Thomas v. Singapore Airlines 
USDC, Central District of California 
CPM represented victims of the October 31, 2000 crash of a Singapore Airlines passenger jet in 
Taiwan in which 83 people were killed and dozens injured.  
 
 
Montoya v. Bell Helicopter 
USDC, Northern District of Texas 
CPM represented the wife and children of the executive and against the helicopter manufacturer 
and the French company, which supplied the component parts.  This case involved pursuit of a 
claim for product liability in the design of the engine shroud incorporated into a Bell helicopter, 
which crashed in the jungle of New Guinea killing a Chevron executive. 
 
PSA Flight 1771 Litigation 
Los Angeles County Superior Court   
Case 3:21-md-02992-GPC-MSB     Document 324-162     Filed 08/29/24     PageID.7281 
Page 27 of 67

 
28
CPM represented victims of the December 7, 1989 air crash of a PSA jetliner near San Luis 
Obispo. The case was unique due to the focus on breaches of security by the airline and airport 
security, which permitted a disgruntled former airline employee to by-pass security with a gun 
later used to kill the pilot and crew during flight. 
 
 
CONSTRUCTION CASES 
 
Delgado vs. City of Millbrae, et al. 
Santa Clara County Superior Court 
CPM served as co-lead counsel in a successful 5-year battle against various engineers and 
contractors responsible for a hillside failure during the winter storms of 2001–2002. 
 
ELDER ABUSE CASES 
 
San Mateo County Public Guardian (Muhek) v. Miller 
San Mateo County Superior Court 
CPM filed an action on behalf of senior citizen against care giver who took life savings.  
 
 
 
Santa Clara Public Guardian (McCulla) v. Walia 
Santa Clara County Superior Court 
CPM filed an action against the companies, real estate brokers and others as a result of $1.4 
million in fraudulent loans to a senior citizen. 
 
Alameda Public Guardian (Bowie) v. First Alliance Mortgage 
Alameda County Superior Court 
CPM field an action against lenders for allowing loans to be placed on senior citizen’s home by a 
third party.  
 
Melder v. Pacific Grove Convalescent Hospital 
Monterey County Superior Court 
CPM filed an action against nursing home for alleged inappropriate sexual behavior by 
employee. 
 
Rodriguez v. Res-Care, Inc. et al. 
San Mateo County Superior Court 
CPM filed an elder abuse case against ResCare on behalf of a victim who suffered second and 
third degree burns when she was put in a shower for 20 minutes with scalding, 130 to 135-degree 
temperature water.  The suit also seeks punitive damages and funding for future care.  The case 
settled in 2008. 
 
Gogol v. Mills-Peninsula Health Services d/b/a Mills-Peninsula Skilled Nursing 
San Mateo Superior Court 
In July 2012, CPM won a $1,844,400 jury verdict after a two week trial on behalf of an 86 year 
old resident of San Mateo County who was injured in a nursing home.  The jury also made a 
Case 3:21-md-02992-GPC-MSB     Document 324-162     Filed 08/29/24     PageID.7282 
Page 28 of 67

 
29
finding of clear and convincing evidence of recklessness, oppression, fraud or malice for an 
additional award of attorneys’ fees and punitive damages.  Ms. Gogol was recovering from a hip 
replacement at defendant’s nursing home when she was dropped, breaking her recently replaced 
hip.  She was placed back in bed without the injury being reported.  Due to her cognitive 
impairment she had no memory of how her injury occurred.  She received treatment only after a 
family member discovered her injuries.  The case settled before the punitive damage phase of the 
trial. 
 
Pauline B. Reade v. Fetuu Tupofutuna, et al. 
San Mateo County Superior Court 
CPM and The Legal Aid Society of San Mateo County provided pro bono representation to a 89 
year old elderly widow, Pauline Reade, who was bilked out of nearly $600,000.  Ms. Reade faced 
foreclosure on her Pacifica home after a scam contractor tricked her into signing loan documents 
with various banks and mortgage entities.  The action was filed to stop the sale against various 
individuals and entities involved in the loan transaction, including, RBS Financial Products, Inc., 
Deutsche Bank National Trust Co., GMAC Mortgage, LLC, Mortgage Electronic Registration 
Systems, Inc. Executive Trustee Services, Paul Financial, Fetuu Tupoufutuna and Mohammed Ali 
George. 
 
Snyder v. Menon et al. 
Marin County Superior Court 
Action against lender, title company and individuals for fraud and elder abuse based upon the 
fraudulent inflation of the purchase price of a property the Plaintiffs sought to purchase. 
 
Shekhter v. Greengables Villa Care Home et al 
Alameda County Superior Court 
Action for elder abuse against adult care facility for neglect and physical abuse in connection with 
the care of 94 year old woman. 
 
Platon v. A&C Health Care Services 
Santa Clara County Superior Court 
Action for elder abuse and negligence against adult care facility for neglect and physical abuse of 
91 year old resident. 
 
Foroudian v. Wilson et al. 
San Mateo County Superior Court 
Action for fraud and elder abuse against title company, hard money lenders, plaintiffs’ son and his 
ex-girlfriend for fraud and elder abuse resulting in Foroudians incurring $2M in debt for the benefit 
of defendants.  The Plaintiffs recovered their funds. 
 
Shook v. LaFarre 
San Mateo Superior Court 
CPM represented a family in a dispute about the estate of long time San Francisco resident Rudolph 
R. Cook.  CPM alleged that the defendant Cyrus LaFarre, a neighbor of Mr. Cook’s, had duped 
Mr. Cook into amending his estate plan and giving his money to Mr. LaFarre.  After Mr. Cook 
Case 3:21-md-02992-GPC-MSB     Document 324-162     Filed 08/29/24     PageID.7283 
Page 29 of 67

 
30
passed away, the family learned that Mr. LaFarre claimed that he had been left the majority of Mr. 
Cook’s estate and had been named as the trustee of Mr. Cook’s trust.  The amendment to Mr. 
Cook’s long time estate plan purported to give most of Mr. Cook’s $2M estate to the defendant. 
The jury unanimously determined that Mr. LaFarre had committed financial elder abuse and 
breach of fiduciary duty. 
 
Richter et al. v. CC-Palo Alto, Inc. 
USDC, Northern District of California  
CPM is pursuing a class action and creditor derivative case on behalf of the 500 residents of the 
Vi-Palo Alto, a Continuing Care Retirement Community (CCRC). Among CPM’s clients (the 
proposed class representatives) are a retired Nobel Prize winner, doctor, World War II journalist 
and a unique collection of accomplished South Bay senior citizens. The facility is located on 
Stanford land. The lawsuit is believed to the first of its kind in the Bay Area challenging a CCRC’s 
financial practices.  The complaint alleges that $190 million dollars was “up-streamed” from the 
Palo Alto facility to its corporate parent in Chicago, thus leaving the senior citizen residents 
financially vulnerable. Those funds were to be returned to the senior citizens when they moved 
out, or returned to their families when they passed away. The complaint alleges that the Chicago 
company has refused to return the money to Palo Alto. 
 
Kofman v. Alexy Pitt et al. 
San Mateo Superior Court 
On February 14, 2017 CPM obtained a $1,295,579 dollar judgment on behalf of an elderly Bay 
Area resident who was the victim of financial elder abuse.   
 
EMPLOYMENT CASES 
 
Shephard v. Lowe’s HIW, Inc. 
USDC Northern District of California 
Cotchett, Pitre & McCarthy, along with Block & Leviton filed a lawsuit against Lowe’s HIW, Inc. 
(“Lowe’s”) on June 15, 2012 alleging that Lowe’s misclassified all California installers as 
independent contractors in violation of California law. The Honorable Jeffrey S. White granted 
Plaintiff’s Motion for Class Certification in August 2013, certifying the class of California 
installers and appointing Block & Leviton and Cotchett, Pitre & McCarthy as class counsel. The 
Firms successfully achieved a $6.5 million settlement on behalf of the class of California installers, 
which was preliminarily approved on June 25, 2014 and is awaiting final approval. 
 
Avery v. Integrated Heatlhcare Holdings, Inc. 
Orange County Superior Court 
CPM served as co-lead counsel in a class action lawsuit filed against the IHHI chain of hospitals 
in Southern California.  CPM represented registered nurses and respiratory therapists who were 
not paid overtime wages in accordance with state law.  The case settled for $14.5M in 2013, and 
the court granted final approval of the settlement in August 2014. 
 
 
 
Los Angeles Times / Zell 
USDC, Northern District of Illinois 
Case 3:21-md-02992-GPC-MSB     Document 324-162     Filed 08/29/24     PageID.7284 
Page 30 of 67

 
31
CPM represents current and former journalists of the Los Angeles Times in a lawsuit filed against 
Sam Zell, the Tribune Company and others for a breach of their fiduciary duties, violating ERISA, 
improper valuation and misuse of employee pension fund assets and conflicts of interest.  Other 
allegations include that Tribune Company employees, who technically own the company through 
the Tribune ESOP, have been and continue to be damaged by the go-private transaction and by the 
subsequent mismanagement and self-dealings of Tribune executives, including Sam Zell, the result 
of which has been to diminish the value and the products of the employee-owned company.  
 
Cynthia Sotelo, et al. v. MediaNews Group, Inc., et al. 
Alameda County Superior Court 
CPM represented a class of Hispanic newspaper carriers whose labor is exploited by the ANG 
Newspaper Group, a conglomerate news-media company. The class seeks damages for violations 
of the California Labor Code and Unfair Competition Laws. 
 
In re: Wachovia Securities, LLC, Wage and Hour Litigation 
USDC Central District of California 
CPM was designated co-lead plaintiffs’ counsel by a federal judge in a collection of lawsuits filed 
against Wachovia Securities, LLC, on behalf of more than 10,000 current and former stock brokers 
who were not paid in accordance with state and federal law. 
 
In re: AXA Wage and Hour Litigation 
USDC Northern District of California 
CPM was appointed co-lead plaintiffs’ counsel by a federal judge in a collection of lawsuits filed 
against the AXA family of insurance companies on behalf of more than 7,000 current and former 
financial sales representatives who were not paid in accordance with state and federal law. 
 
Shriger v. Advanced Equities Inc. (“AEI”) et al. 
San Francisco County Superior Court 
CPM represented an employee of a broker dealer in state court litigation over harassment and 
compensation claims.  
 
Sullivan v. Advanced Equities Inc. (“AEI”) 
FINRA Arbitration 
CPM successfully represented an employee in FINRA arbitration.  The FINRA panel found that 
the employer had falsely accused the employee of violations of company policy and had 
fraudulently induced the employee to join the company, and awarded both compensatory and 
punitive damages.  This is one of many examples of cases CPM has handled before FINRA. 
 
PUBLIC INTEREST / HUMAN RIGHTS CASES 
Lawsuit Filed Regarding Confiscated Armenian Lands 
USDC, Central District of Los Angeles 
CPM filed a class action on behalf of Armenians seeking compensation for confiscated properties 
and belongings as a result of the Genocide of 1915-1923.  The lawsuit targets the Central Bank of 
Turkey and the Ziraat Bank as financial instruments of the Turkish Government.  Defendants are 
Case 3:21-md-02992-GPC-MSB     Document 324-162     Filed 08/29/24     PageID.7285 
Page 31 of 67

 
32
alleged to selling and deriving income from real estate and personal property that was owned by 
hundreds of thousands of Armenians who were killed during the Genocide. 
 
WWII Filipino Veterans Compensation 
De Fernandez et al. v. US Dep’t of Veterans Affairs, et al. 
USDC, Northern District of California 
CPM filed a class action on behalf of United States WWII Filipino Veterans, and their service 
organizations, challenging decisions by the VA to deny benefits to such veterans according to 
criteria that are arbitrary, capricious and impossible to satisfy. 
 
 
State Buildings Litigation 
Epstein et al. v. Schwarzenegger et al. 
San Francisco Superior Court 
CPM represented taxpayers against the Schwarzenegger Administration to stop the sale of 
California’s public buildings, which would have cost California’s taxpayers billions of dollars.  
CPM was successful in obtaining an emergency temporary stay of the sale from the Court of 
Appeal.  While the stay was in place Governor Brown took office and cancel the sale. 
 
Surfrider Foundation v. Martins Beach 1 LLC et al. 
San Mateo Superior Court 
CPM successfully represented Surfrider Foundation to restore public access to Martin’s Beach.  
The Complaint alleged that the owners of Martin’s Beach, who purchased the property in 2008, 
unlawfully erected a barrier preventing access to Martin’s Beach road, without a permit required 
by the California Coastal Act. 
 
 
 
 
FIRST AMENDMENT CASES 
 
Sharper Image Corporation v. Consumers Union of United States 
USDC, Northern District of California 
CPM successfully defended under California’s Anti-SLAPP statute of product disparagement 
claim brought by Sharper Image relating to reviews of Sharper Image’s Ionic Breeze air cleaner 
published in Consumer Reports. 
Kendall-Jackson Winery v.  E.J. Gallo Winery 
USDC Northern District of California 
9th Circuit Court of Appeals (1998) 
150 F. 3d 1042 
CPM represented defendant in trade dress and unfair business practice litigation.  (Judgment and 
verdict for defendant after jury trial). 
 
 
 
 
Isuzu Motors Ltd. v. Consumers Union of the United States, Inc. 
USDC, Central District of California 
CPM represented defendant publisher of Consumer Reports in defamation/product disparagement 
litigation brought by auto manufacturer against non-profit consumer testing organization. Jury 
verdict for Consumers Union after a two-month jury trial.  
 
Case 3:21-md-02992-GPC-MSB     Document 324-162     Filed 08/29/24     PageID.7286 
Page 32 of 67

 
33
Suzuki Motor Corp. Japan v. Consumers Union of the United States, Inc. 
USDC, Central District of California 
CPM represented defendant publisher of Consumer Reports in defamation/product disparagement 
litigation brought by auto manufacturer against nonprofit consumer testing organization.  
Summary judgment in favor of defendants was granted in May, 2000.  
 
In re Cable News Network and Time Magazine “Operation Tailwind” Litigation 
Sheppard v. Cable News Network, Inc. 
USDC, Northern District of California 
CPM represented Vietnam veterans against Time and CNN who falsely reported to have 
committed war crimes in Laos.  
 
PERSONAL INJURY CASES 
 
San Bruno Pipeline Explosion 
San Mateo County Superior Court 
CPM filed multiple actions on behalf of victims of the PG&E pipeline explosion which occurred 
in San Bruno.  The natural gas-fed fire killed eight people and injured dozens more, and destroyed 
or damaged several dozen homes.     
 
 
 
Murillo, et al. v. National Railroad Passenger Corporation, et al. 
Contra Costa County Superior Court 
CPM successfully represented the family of an elderly couple who were killed by an Amtrak train 
while their car was trapped at a dangerously designed grade railroad crossing in Crockett, 
California in an action against the National Railroad Passenger Corporation (“Amtrak”), Union 
Pacific Railroad Company and the State of California Department of Transportation.  
 
 
Manlapaz, et al. v. Bills Trucking, et al. 
Santa Clara County Superior Court 
CPM represented the family of a woman who was killed after being crushed by a semi-truck with 
two dirt hauling trailers while she was crossing the street near a construction site in Mountain 
View, California. 
 
 
 
Gonzalez v. Oil Can Henry’s International 
Monterey County Superior Court 
CPM successfully represented a four-year-old child who suffered brain damage after being struck 
and run over by a driver at an oil change service shop which failed to properly control vehicle and 
pedestrian safety in conjunction with its promotion of quick service. 
 
Balcony Collapse 
San Francisco County Superior Court 
CPM represented 13 victims of personal injuries and wrongful death arising out of Franklin Street 
balcony collapse in 1996. 
 
In re MGM Grand Hotel Fire Litigation 
Case 3:21-md-02992-GPC-MSB     Document 324-162     Filed 08/29/24     PageID.7287 
Page 33 of 67

 
34
570 F. Supp. 913 USDC, District of Nevada 
MDL consolidated litigation by personal injury wrongful death claims in the mamoth fire that 
destroyed the MGM Grand in Las Vegas, Nevada.  
 
Carnaham v. State of California 
Fresno County Superior Court 
CPM filed an action against the State of California and more than 100 separate defendants on 
behalf of scores of individuals killed or injured in a severe dust storm on I-5 over the 
Thanksgiving weekend in 1991.  
Hyman v. Nahi 
Orange Count Superior Court 
CPM represented victims of balcony collapse against landlord and termite company in a case 
involving slum landlord condititions.  
 
 
 
Walton v. Samuels 
Los Angeles County Superior Court 
CPM filed an action for lung injury victims arising out of a four-alarm apartment fire in a major 
disaster in Los Angeles.  
 
 
 
Malhotra v. Nathan 
San Francisco County Superior Court 
 CPM represented 13 victims of personal injuries and wrongful death arising out of Franklin Street 
balcony collapse in 1996 in San Francisco.  
 
 
 
In re Diet Drug Litigation 
Los Angeles County Superior Court 
In re Diet Drugs (Phentermine, Fenfluramine, Dexfenfluramine) Products Liability Litigation 
USDC, Eastern Division of Pennsylvania 
CPM filed consumer fraud and product liability individual actions on behalf of approximately 100 
individuals.  
 
 
Adleson v. United States 
USDC, Northern District of California 
523 F. Supp. 459 (1981) 
MDL actions for product liability of the Swine Flu Immunization Program out of Washington, 
D.C. 
 
INSURANCE CASES 
Dupell v. Massachusetts General Life Ins. Co. 
Santa Clara County Superior 
CPM filed “vanishing premium” class action on behalf of life insurance policyholders.  Class 
certified for all purposes, 1999. 
 
Case 3:21-md-02992-GPC-MSB     Document 324-162     Filed 08/29/24     PageID.7288 
Page 34 of 67

 
35
Prop. 103 Litigation 
Calfarm Ins. Co. v. Deukmejian 
48 Cal. 3d 805 (1989) 
Litigation regarding Proposition 103 (rate controls on insurance carriers) on behalf of Public 
Citizen. 
 
INTELLECTUAL PROPERTY CASES 
 
Kendall-Jackson Winery v. E&J Gallo Winery 
USDC, Northern District of California 
150 F. 3d 1042 (9th Cir. 1998) 
CPM represented defendant in trade dress and unfair business practice litigation.  (Judgment and 
verdict for defendant after jury trial.)  
 
 
 
MP3.Com Copyright Cases 
USDC, Southern District of New York 
CPM filed multiple cases alleging that MP3.Com committed copyright infringement.  Issues of 
infringement and damages.  
 
 
 
Dolores Huerta et al v. Corbis Corporation 
USDC, Northern District of California 
CPM represented defendant Huerta, muralists Susan Kelk Cervantes and Juana Alicia, and the 
United Farm Workers Union of America against Internet retailer Corbis for the illegal sale of 
copyrighted and trademarked images. 
 
WAGE AND HOUR CASES 
 
Cynthia Sotelo, et al. v. MediaNews Group, Inc., et al. 
Alameda County Superior Court 
CPM represented a class of Hispanic newspaper carriers whose labor is exploited by the ANG 
Newspaper Group, a conglomerate news-media company. The class seeks damages for violations 
of the California Labor Code and Unfair Competition Laws. 
 
In re: Wachovia Securities, LLC, Wage and Hour Litigation  
USDC, Central District of California 
CPM has been designated co-lead plaintiffs’ counsel by a federal judge in a collection of lawsuits 
against Wachovia Securities, LLC, on behalf of over 10,000 current and former stock brokers who 
were not paid in accordance with state and federal law. 
 
In re: AXA Wage and Hour Litigation 
USDC, Northern District of California 
CPM has been appointed co-Lead Plaintiffs’ Counsel by a federal judge in a collection of lawsuits 
against the AXA family of insurance companies, on behalf of over 7,000 current and former 
financial sales representatives who were not paid in accordance with state and federal law. 
 
 
 
Case 3:21-md-02992-GPC-MSB     Document 324-162     Filed 08/29/24     PageID.7289 
Page 35 of 67

 
36
LaParne, et al. v. Monex, et al. 
USDC, Central District of California 
CPM represents current and former sales representatives in a federal lawsuit against Monex, a 
commodities trading company based in Southern California, for failure to pay overtime, failure to 
provide meal and rest breaks, and other violations of state and federal law. 
 
 
WRONGFUL DEATH CASES 
 
Murillo, et al. v. National Railroad Passenger Corporation, et al. 
Contra Costa County Superior Court 
CPM successfully represented the family of an elderly couple who were killed by an Amtrak train 
while their car was trapped at a dangerously designed grade railroad crossing in Crockett, 
California in an action against the National Railroad Passenger Corporation (“Amtrak”), Union 
Pacific Railroad Company and the State of California Department of Transportation.  
 
 
Manlapaz, et al. v. Bills Trucking, et al. 
Santa Clara County Superior Court 
CPM represented the family of a woman who was killed after being crushed by a semi-truck with 
two dirt hauling trailers while she was crossing the street near a construction site in Mountain 
View, California. 
 
In re MGM Grand Hotel Fire Litigation 
570 F. Supp. 913 USDC, District of Nevada 
MDL consolidated litigation by personal injury wrongful death claims in the mamoth fire that 
destroyed the MGM Grand in Las Vegas, Nevada.  
 
 
 
Carnaham v. State of California 
Fresno County Superior Court 
CPM filed an action against the State of California and more than 100 separate defendants on 
behalf of scores of individuals killed or injured in a severe dust storm on I-5 over the Thanksgiving 
weekend in 1991.  
 
 
 
Hyman v. Nahi 
Orange County Superior Court 
CPM represented victims of balcony collapse against landlord and termite company in a case 
involving slum landlord conditions.   
 
 
Malhotra v. Nathan 
San Francisco County Superior Court 
CPM represented 13 victims of personal injuries and wrongful death arising out of Franklin Street 
balcony collapse in 1996 in San Francisco.  
 
 
 
Case 3:21-md-02992-GPC-MSB     Document 324-162     Filed 08/29/24     PageID.7290 
Page 36 of 67

 
37
OUR ATTORNEYS 
 
PARTNERS 
 
JOSEPH W. COTCHETT 
 
As stated by the National Law Journal, Joseph W. Cotchett is considered by plaintiffs and defense 
attorneys alike to be one of the foremost trial lawyers in the country. He has been named one of 
the 100 most influential lawyers in the nation for the past 15 years. 
 
As reported in the San Francisco / Los Angeles Daily Journal, he is “considered one of the best 
trial strategists in the state” who built a career out of representing the underdog against powerful 
interests. He is a fearless litigator and once tried two cases at the same time (one in the morning 
and one in the afternoon) and won them both in San Diego Superior Court in 1984. His clients 
range from corporate giants to groups like Consumers Union – but the issue must be correct for 
Cotchett. In 2003, the San Francisco Chronicle rated him as one of the best in the Bay Area, saying, 
“The Burlingame attorney has had a star career that’s not only talked about in legal circles but 
has made headlines around the country. Known mostly as a plaintiffs’ lawyer, many of his cases 
are filed on behalf of fraud victims, and have a widows-and-orphan flavor to them.”  Cotchett 
consistently has been named one of the most influential lawyers in California, and has been named 
by the legal press as one of the top 10 trial attorneys in the state and has been listed in every edition 
of Best Lawyers in America since its inception. 
 
During his 45-plus year legal career, he has tried more than 100 cases to verdict, and settled 
hundreds more, winning numerous jury verdicts, ranging from multi-million dollar malicious 
prosecution jury verdicts to several defense verdicts in complex civil cases. He successfully 
negotiated a multi-million dollar settlement in a qui tam suit on behalf of the University of 
California and hundreds of millions of dollars in antitrust, securities and major fraud cases. 
In the 1980s, Cotchett won mammoth judgments and settlements for investors in white-collar fraud 
cases, with jury verdicts of more than $200 million arising out of the collapse of the Technical 
Equities Corp. in San Jose. He is known nationally as the lead trial lawyer for 23,000 plaintiffs in 
the Lincoln Savings & Loan Association/American Continental Corp. downfall in 1990 involving 
Charles Keating and others. He won one of the then largest jury verdicts, $3.3 billion. He obtained 
nearly $300 million in settlements from lawyers, accountants and other professionals caught up in 
the scandal in a jury trial in Tucson, Arizona. 
 
He has represented both the National Football League and teams since the early 1980s in various 
legal actions. As counsel for E. & J. Gallo Winery, he won a defense jury verdict in a celebrated 
trade dress infringement case involving a wine produced by Gallo and the firm regularly represents 
Gallo in numerous matters. 
 
In recent years, Cotchett has taken on major corporate entities and Wall Street. He and the firm 
are involved in litigation resulting from nearly every major corporate scandal including Enron, 
Worldcom, Global Crossing, Homestore.com, Qwest, Montana Power Company, Lehman, Bank 
of America, Goldman Sachs and numerous others on behalf of private investors and public 
Case 3:21-md-02992-GPC-MSB     Document 324-162     Filed 08/29/24     PageID.7291 
Page 37 of 67

 
38
pensions. The firm has represented the California Public Employees’ Retirement System, 
California State Teachers’ Retirement System, and the University of California Board of Regents, 
along with numerous political subdivisions of the state, such as counties, cities and districts. 
 
In 2000, he served as trial counsel for Consumers Union, successfully defending the watchdog 
consumer group in a product disparagement and defamation suit. Isuzu Motors of Japan had sued 
Consumers Union for disparagement to the 1995-96 Trooper, claiming millions in damages. 
Following an eight-week trial, a jury ruled in favor of Consumers Union. Trial Lawyers for Public 
Justice honored Cotchett as “Trial Lawyer of the Year Finalist” in 2000 in honor of his 
“outstanding contribution to the public interest” through his work for Consumers Union. Also in 
2000, Consumer Attorneys of California gave Cotchett its “Presidential Award of Merit.” In 2004, 
he was the lead trial counsel for Consumers Union in a product defamation suit. The suit was 
dismissed in what was considered a major victory for a free press and the First Amendment. 
Cotchett is involved in extensive pro bono work. In one such case, he brought a lawsuit against 
the United States Navy on behalf of 8,600 Amerasian children in the Philippines who were left in 
villages after the closing of the Subic Bay Naval Base. The case ended in a settlement giving direct 
U.S. aid to the children fathered by U.S. servicemen and a television documentary on the subject. 
He regularly takes on pro bono causes including environmental and public policy matters and the 
firm represents and advises several Native American groups. 
 
In 2002, Cotchett successfully represented the Chief Justice of the California Supreme Court and 
the individual judges and members of the Judicial Council, in litigation brought against them by 
the New York Stock Exchange and the National Association of Securities Dealers. The two Wall 
Street forces had filed suit against the Judicial Council challenging the State of California on 
establishing guidelines for arbitrators who hear complaints from investors in the state. 
 
Cotchett received his B.S. in Engineering from California State Polytechnic University, San Luis 
Obispo in June 1960, being named an Outstanding Graduate, and his J.D. from Hastings College 
of Law at the University of California in June 1964. In June 2002, Cotchett received an Honorary 
Doctor of Laws from Cal Poly and The California State University Board of Trustees. In May 
2006, Cotchett received an Honorary Doctor of Letters from Notre Dame de Namur University.  
In May 2011, Cotchett received an Honorary Doctor of Letters from the University of San 
Francisco. In each case, he was the graduation speaker honored by the Universities. 
 
Following California Polytech, he served in the U.S. Army Intelligence Corps, followed by years 
as a Special Forces paratrooper and JAG Corps officer, in the active reserves, and retired in 1991 
with the rank of Colonel. He is a member of many veteran and airborne associations having served 
on active duty 1960-1961. From 2001 to 2005, he served on the board of the Army War College 
Foundation in Carlisle, Pennsylvania. The Foundation supports the prestigious Army War College 
at Carlisle Barracks, the graduate school for the senior commanders of all branches of the service, 
including officers from foreign allies. 
 
He has been an active member of national, state and local bar associations, including the California, 
New York and District of Columbia bars. He is a Fellow of the prestigious American College of 
Trial Lawyers and The International Society of Barristers and an Advocate in the American Board 
Case 3:21-md-02992-GPC-MSB     Document 324-162     Filed 08/29/24     PageID.7292 
Page 38 of 67

 
39
of Trial Advocates. He also is a Fellow and former board member of The International Academy 
of Trial Lawyers. A former Master of the American Inns of Court, he serves on various advisory 
boards for professional organizations. 
 
He also has served on the Advisory Board of the Witkin Institute, the mission of which is to further 
B.E. Witkin’s commitment to advancing the understanding of California law and improving the 
administration of justice. 
 
He is the author of numerous articles and a contributing author to numerous magazines. His books 
include California Products Liability Actions, Matthew Bender; California Courtroom Evidence, 
LexisNexis; Federal Courtroom Evidence, LexisNexis; Persuasive Opening Statements and 
Closing Arguments, California Continuing Education of the Bar (1988); The Ethics Gap, Parker 
& Son Publications (1991); California Courtroom Evidence Foundations, Parker Publications 
(1993); and numerous law review articles. He is a prolific author of op-ed pieces and articles on 
public policy, environmental issues and public integrity. In 2002, he co-authored and published 
the book The Coast Time Forgot, a historic guide to the San Mateo County coast. 
 
Cotchett serves on the Federal Judicial Advisory Committee that submits and reviews federal 
judicial nominations in California to President Obama. The committee was authorized by the 
Obama Administration and California’s two Democratic senators, Dianne Feinstein and Barbara 
Boxer. Cotchett is Chair of the Boxer Committee for the Central District of California (Los 
Angeles) and advises statewide.  Cotchett also serves on a Judicial Advisory Committee to 
Governor Jerry Brown on state judicial appointments. 
 
Cotchett has lectured at numerous law schools including Harvard Law School, the University of 
Southern California, Georgetown Law Center, Stanford, Boalt, and his alma mater U.C. Hastings. 
His subjects include complex cases, evidence, trial practice and professional ethics. He also is a 
keynote public speaker and lecturer on contemporary subjects of law. 
 
He has been honored by the State Bar of California by serving on the Board of Governors from 
1972 to 1975. Cotchett served on the California Judicial Council from 1976 to 1980; the Board of 
Directors, Hastings College of Law, University of California for twelve years; California 
Commission on the Future of the Courts; the California Select Committee on Judicial Retirement, 
the California Blue Ribbon Commission on Children in Foster, the latter three appointed by the 
Chief Justice of California. 
 
His civic work includes past memberships on the board of directors of the San Mateo County Heart 
Association; San Mateo Boys & Girls Club (Past President); Peninsula Association of Retarded 
Children and Adults; Bay Meadows Foundation; Disability Rights Advocates; and numerous Bay 
Area organizations. He formerly served as a member of the board of Public Citizen in Washington, 
D.C. and served on the board of Earth Justice. 
 
In 1996, he was awarded the Anti-Defamation League’s Distinguished Jurisprudence Award. The 
award was established to recognize individuals in the legal community who have exhibited 
Case 3:21-md-02992-GPC-MSB     Document 324-162     Filed 08/29/24     PageID.7293 
Page 39 of 67

 
40
humanitarian concerns, and whose everyday actions exemplify the principals on which the Anti-
Defamation League was founded. 
 
In 1999, Cotchett was inducted by the State Bar of California to the Litigation Trial Lawyers Hall 
of Fame. This award is given to professionals who have excelled as trial lawyers and whose careers 
exemplify the highest values and professional attainment.  
 
In 2000, the University of California, Hastings College of Law opened the Cotchett Center for 
Advocacy recognizing Cotchett as one of its outstanding graduates. Chief Justice Ronald M. 
George of the California Supreme Court and Associate Justice Anthony Kennedy of the U.S. 
Supreme Court honored Cotchett as speakers at the Founder’s Day dedication of the center. In 
November of 2006, Notre Dame de Namur University in Belmont, California dedicated the Joseph 
W. Cotchett Business Lab for students. 
 
In March of 2000, Cotchett was named to the California State Parks Commission by Governor 
Gray Davis. The commission establishes general policies for the guidance of the Parks Department 
in the administration, protection and development of the 260 state parks in the system. He served 
as Chairperson in 2002-2003. 
 
In 2003, Cotchett was honored by Disability Rights Advocates for his nearly 40 years of civil 
rights work. At a San Francisco dinner in October attended by lawyers, judges and community 
leaders, this was how Cotchett was described: 
 
Joe Cotchett has been a champion for justice since his college days. As an engineering student in 
North Carolina, Joe challenged segregation by drinking from segregated water fountains and 
riding in the back of buses. Later, as a student at Cal Poly, in 1958 Joe successfully established 
the first integrated fraternity, which prompted the other fraternities on campus to follow suit. 
Joe’s legal career has involved representing the underdog and doing extensive pro bono work. 
His civil rights commitment has been leveraged over and over by his financial support of legal 
fellowships. He has given a ‘kick-start’ to the public interest careers of the new law graduates at 
Trial Lawyers for Public Justice, Public Citizen, Southern Poverty Law Center and Disability 
Rights Advocates. Through these fellowships, Joe has helped to ensure social change through law. 
Joe guided DRA as a board and litigation committee member from its infancy years into the 
defender of disability rights it has become today.  
 
In 2004, continuing a distinguished history of community and civic involvement, Cotchett 
endowed a $7 million fund to support science and mathematics teacher education at California 
State Polytechnic University to serve inner city and rural minority children. To honor Cotchett , 
the university renamed its landmark Clock Tower building the “Cotchett Education Building.” The 
gift supports science and mathematics teacher education initiatives at Cal Poly through the 
University Center of Teacher Education and the College of Science and Mathematics. 
 
In 2011, Cotchett was inducted into the prestigious American Trial Lawyer Hall of Fame for his 
work nationwide in civil rights, and litigation on behalf of the under-privileged in our society.  In 
2011, he received the Distinguished Service Award from the Judicial Council of California and 
Case 3:21-md-02992-GPC-MSB     Document 324-162     Filed 08/29/24     PageID.7294 
Page 40 of 67

 
41
named the Antitrust Lawyer of the Year by the State Bar.  In April of 2011, he was honored by the 
California League of Conservation Voters with the Environmental Leadership Award and honored 
by the Consumer Watchdog with the Lifetime Achievement Award.   
 
Cotchett and his family members are active in numerous Bay Area charitable organizations 
involving animals, children, women and minorities. They established the Cotchett Family 
Foundation that aids individuals and groups in need of assistance. 
 
FRANK M. PITRE 
 
Frank M. Pitre, a San Francisco native, earned his B.S., Cum Laude, in Business Administration 
and his J.D. from the University of San Francisco. While at USF, Pitre served a legal externship 
with the California Supreme Court. 
 
Considered as one of the outstanding trial lawyers in areas of personal injury/wrongful death, 
consumer fraud, mass torts and commercial torts, Mr. Pitre has won millions of dollars for victims 
of injustice. 
 
His skill as a trial lawyer has earned him recognition among his peers who have elected him as a 
member of the prestigious American College of Trial Lawyers, American Board of Trial 
Advocates (Advocate), International Academy of Trial Lawyers, International Society of 
Barristers, and the National Board of Trial Advocacy.  In 2018, he was honored by Consumer 
Watchdog with its Lifetime Achievement Award for his successful advocacy on behalf of 
consumers over more than three decades. 
 
Since January 2018, he has served as Co-Lead Counsel on behalf of the victims of the North Bay 
Wild Fires to prosecute claims against PG&E for its mismanagement of electrical operations 
leading to 43 deaths, 100,000 people displaced, over 245,000 acres burned and more than 14,700 
homes and structures destroyed. In Re: California North Bay Fire Cases, JCCP Action No. 4955. 
Concurrently, he served as a member of the Plaintiffs Executive Committee in statewide mass tort 
actions prosecuted against PG&E arising out of the Butte Wildfire. In Re: Butte Fire Cases, JCCP 
Action No. 4853. 
 
Prior to that, he acted as Co-Lead Counsel, and secured one of the top 10 largest Shareholder 
Derivative Settlements in U.S. history against Officers and Directors of PG&E arising out of the 
San Bruno Fire & Explosion. Salman, et al. v. Darbee, et al., JCCP Action No. 4648. 
 
He was selected by Federal District Court Judge Charles R. Breyer as one of twenty lawyers, 
among 150 attorney applicants nationwide, to serve as a member of the Plaintiffs Steering 
Committee to prosecute claims on behalf of a nationwide class of consumers against Volkswagen, 
Porsche and Audi over their diesel emissions scandal.  The cases were pending in the Northern 
District of California in MDL 2672: In Re Volkswagen "Clean Diesel" Marketing, Sales Practices, 
and Products Liability Litigation. 
 
Case 3:21-md-02992-GPC-MSB     Document 324-162     Filed 08/29/24     PageID.7295 
Page 41 of 67

 
42
Mr. Pitre served as one of ten members of the Plaintiffs Executive Committee selected by Federal 
District Court Judge Jesse Furman to lead litigation pending in the Southern District of New York 
on behalf of a nationwide class of consumers against General Motors for safety related defects in 
over 27 million vehicles.  MDL 2543: In Re General Motors Ignition Switch Litigation. 
 
Mr. Pitre also serves as a member of the Plaintiffs Executive Committee in the prosecution of cases 
against Boeing arising from the Ethiopian Airlines crash of a 737 Max 8 in Addis Ababa on March 
10, 2019, which killed 149 passengers and 8 crew members. 19-cv-02170: In Re Ethiopian Airlines 
Flight ET 302 Crash. He also serves as a member of The Plaintiffs Steering Committee in claims 
on behalf of numerous victims who lost their homes and loved ones in the Thomas/Woolsey 
Wildfires in Southern California. JCCP Action No. 4965: In Re Southern California Fire Cases. 
In addition, he serves as a member of The Steering Committee in the prosecution of over 1,400 
clients against So. Cal Gas arising out of the Porter Ranch gas storage facility failure. In Re: 
Southern California Gas Leak Cases, JCCP Action No. 4861. 
 
Mr. Pitre served as Plaintiffs' Liaison Counsel spearheading the coordination of dozens of cases 
filed on behalf of injured passengers against Asiana Airlines and Boeing, arising from the crash of 
Asiana Airlines Flight 214 in San Francisco on July 6, 2013. In Re: Air Crash At San Francisco, 
California On July 6, 2013. 
 
In November 2013, Mr. Pitre was honored by the Consumer Attorneys of California as Consumer 
Attorney of the Year for his efforts in coordinating, prosecuting and resolving over 200 claims of 
injury, death and property destruction against PG&E. In Re: San Bruno Fire Cases: JCCP Action 
No. 4648. 
 
Earlier that same year, Mr. Pitre served as Co-Lead Counsel for Economic Loss Class Plaintiffs in 
the Toyota Unintended Acceleration Marketing & Sales Practices Cases which successfully 
resulted in securing final approval of a $1.5 billion settlement on behalf of class members. In Re: 
Toyota Unintended Acceleration Marketing Sales Practices & Product Liability Litigation, MDL 
2151JVS. 
 
In 2011, Mr. Pitre recovered the largest individual wrongful death verdict in San Diego County 
history, when a jury awarded $17.4 million to the wife and three children of a high ranking U.S. 
Naval Officer who was killed while riding his bike in a collision with an American Medical 
Response transport van. Mazurek, et al. v. American Medical Response, et al., San Diego Superior 
Court Action No. 10-83975 May 20, 2011. As a result, he was named a finalist for the 2011 Trial 
Lawyer of the Year by the Consumer Attorneys of California. 
 
In 2009, Mr. Pitre was recognized by the National Law Journal’s “Plaintiff’s Hot List” for his 
work as co-lead trial counsel in the In Re: Bextra and Celebrex Mktg., Sales Practices & Product 
Liability Litigation (MDL 1699), which culminated in Pfizer agreeing to pay $894 million to settle 
consolidated injury and class action cases related to its painkillers Bextra & Celebrex. 
In 2006, Mr. Pitre obtained one of the largest verdicts in Sutter County history when he obtained 
over $45 million on behalf on an elderly minority shareholder who had been frozen out of 
Case 3:21-md-02992-GPC-MSB     Document 324-162     Filed 08/29/24     PageID.7296 
Page 42 of 67

 
43
participation in a lucrative family timber harvesting business. Siller v. Siller, Sutter County 
Superior Court Action No. CVCS01-1083. 
 
Mr. Pitre served as liaison counsel and a member of the Plaintiffs Steering Committee in the Alaska 
Air Flight 261 air crash. In addition, he was a member of the Plaintiffs Executive Committee 
arising out of the Singapore Airlines Flight 006 air crash in Taiwan. Immediately prior to his 
committee appointments in Alaska Air and Singapore Airlines, he served as a member of the 
Plaintiffs Management Committee in the California Diet Drug Litigation, where thousands of 
individuals were victimized by the diet pill combination Fen-Phen, which was condemned by the 
FDA for causing adverse health effects. 
 
Mr. Pitre’s numerous jury trials include a multi-million-dollar wrongful death verdict in Orange 
County Superior Court in Santa Ana, California, against the State Department of Transportation, 
a highway contractor, and a trucking company. The verdict, one of the then-largest of its kind for 
Orange County, was affirmed on appeal, and as a result Pitre was a finalist for CAOC’s Trial 
Lawyer of the Year award (2004). 
 
Mr. Pitre served as co-lead trial counsel for Consumers Union, obtaining a defense verdict in favor 
of Consumers Union in a product disparagement case where the plaintiff, Isuzu Motors of Japan, 
sought damages of multi- million dollars. His work in defense of Consumers Union earned him 
recognition as a finalist for the 2000 Trial Lawyer of the Year Award. 
 
Mr. Pitre won a multi-million-dollar verdict for the victims of a high profile San Francisco balcony 
collapse. He also secured a significant verdict for compensatory and punitive damages before a 
San Francisco jury which found the defendant to have wrongfully deprived the plaintiff of her 
partnership interest in a successful business. In addition, he served as co-lead trial counsel with 
Joseph W. Cotchett for E. & J. Gallo, winning a landmark trade dress infringement case for the 
winery. 
 
Mr. Pitre's notable federal class action cases include Livingston v. Toyota Motor Sales USA, Inc., 
involving a nationwide antitrust class action under the Sherman Act by purchasers of more than 
three million Toyota vehicles. Mr. Pitre's experience in mass tort cases began in 1987 with the PSA 
Air Crash Cases, representing numerous plaintiffs in wrongful death actions following the crash 
of PSA Flight 1771; he served as a member of the Plaintiffs Steering Committee, and later 
as plaintiffs co-lead trial counsel for the six-week jury trial which established the defendants' 
liability. The success of the PSA Air Crash Cases led to his appointment as a member of the 
Plaintiffs Steering Committee in Carnahan et al. v. State of California, which successfully 
resolved hundreds of claims for personal injuries and damages against more than 100 defendants. 
 
Mr. Pitre is a past president of Consumer Attorneys of California (CAOC), the 3,000-member 
group of lawyers dedicated to protecting and seeking justice for consumers. He has also served as 
a past president of the San Francisco Chapter of ABOTA, and presently serves as Treasurer of Cal-
ABOTA. 
 
Case 3:21-md-02992-GPC-MSB     Document 324-162     Filed 08/29/24     PageID.7297 
Page 43 of 67

 
44
Mr. Pitre is the author of numerous articles, including “Abuse of Process,” California Tort 
Damages, California Continuing Education of the Bar, 1988; and “Tort Trends,” The Docket, San 
Mateo County Bar Association, 1989-1994. He is co-author of “Jury Instructions: A Practical 
Approach to their Use,” Civil Litigation Reporter, March, 1984; “Arguing Punitive Damages,” 
Civil Litigation Reporter, California Continuing Education of the Bar, 1991; “Effective Opening 
Statements,” California Litigation, Journal of The Litigation Section, California State Bar, 1991; 
“Jury Trial Tips: Witnesses,” California Litigation, Journal of The Litigation Section, California 
State Bar, 1991; and “Winning Through a More Effective Direct Examination,” California 
Litigation, Journal of the Litigation Section, California State Bar, 1991. Since 1998, he has served 
as the author of “California Personal Injury Proof,” published by the 
California Continuing Education of the Bar. 
 
Mr. Pitre has served on the faculty of the Hastings College of Advocacy and the University of San 
Francisco Trial Advocacy Program. He also has served as the Co-Chair and presenter at several 
Masters In Trial programs sponsored by the ABOTA Foundation. 
 
 
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. 
 
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, 
Lawdragon Magazine and Super Lawyers Magazine. He has received a California Lawyer 
Magazine Attorney of the Year (CLAY) Award.  From 2004 to 2014 he was selected as a Northern 
California “Super Lawyer” by San Francisco Magazine. McCarthy has been named a Top 100 
attorney by the Daily Journal and Super Lawyers Magazine. He has the highest possible rating, 
AV, from Martindale-Hubbell.  In 2013, McCarthy was awarded the Trial Lawyer of the Year 
Award by the San Mateo County Trial Lawyers Association.  He has also been elected to the 
American Board of Trial Advocates (ABOTA). 
 
McCarthy has represented qui tam Relators in False Claims Act cases in state and federal courts.  
McCarthy 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.  McCarthy 
has extensive experience pursuing false claims cases arising out of health care fraud and other 
industries 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. 
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 
Case 3:21-md-02992-GPC-MSB     Document 324-162     Filed 08/29/24     PageID.7298 
Page 44 of 67

 
45
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 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.  
 
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.  He obtained a punitive damage jury verdict after trying 
an elder abuse case against a nursing home.  In 2014, he won a unanimous jury verdict in a hotly 
contested financial elder abuse trial involving the misappropriation of a senior citizen’s life 
savings. McCarthy has tried a variety of cases in state and federal court, including class actions.  
He has also won multiple FINRA arbitrations. 
 
McCarthy is a past president of the Consumer Attorneys of California and the San Mateo County 
Trial Lawyers.  He was chairman of the Business Litigation Section of the San Mateo County Bar 
Case 3:21-md-02992-GPC-MSB     Document 324-162     Filed 08/29/24     PageID.7299 
Page 45 of 67

 
46
Association.  He is currently a co-chair of the Open Courts Coalition, a diverse group of attorneys 
from all practice areas in California whose goal is to restore court funding.  McCarthy 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. 
 
MARK C. MOLUMPHY 
 
Mark C. Molumphy, a partner at Cotchett, Pitre & McCarthy, is native of the Bay Area, born in 
San Mateo, California. Mr. Molumphy joined Cotchett, Pitre & McCarthy in 1993, practicing civil 
litigation with an emphasis on complex business disputes, corporate governance, securities, 
antitrust, insurance bad faith, and products liability. 
 
Mr. Molumphy was recently named one of the Top 100 Attorneys in California in 2020 by the 
Daily Journal, and has been widely honored for his legal, pro bono and volunteer work, including 
the Community Service Award by the Jack Berman Advocacy Center of the American Jewish 
Congress for his work on the landmark 101 California Shooting Litigation. 
 
Molumphy’s experience in corporate governance litigation is extensive, including Smith v. Merrill 
Lynch (Orange County Bond Litigation), Estate of Jim Garrison v. Warner Bros. Inc., Campbell 
v. Acclaim Entertainment, Inc., In re Pilgrim Securities Litigation and the Central Bank Litigation. 
Mr. Molumphy served as lead counsel in the groundbreaking Apple stock option backdating 
litigation after executives were caught post-dating their option grants to maximize profits, the 
Informix securities litigation involving the restatement of revenues in excess of $300 million, and 
on the Sybase, CBT, Rational Software, and HP derivative cases, resulting in millions of dollars 
recovered for the companies and their shareholders. Mr. Molumphy also negotiated multi-million-
dollar settlements on behalf of former shareholders of Bay Meadows Race Track and mutual fund 
shareholders of Janus. 
 
He served as lead counsel for a nationwide class of elderly investors of Medical Capital, 
successfully convinced the federal court to reject an SEC-brokered settlement that would have paid 
back pennies on the dollar and, on the eve of trial, secured the largest Ponzi-scheme recovery in 
California history. Mr. Molumphy represented numerous cities and counties in California related 
to their investment losses in Lehman Brothers, Washington Mutual and AIG, amongst others.  
 
Mr. Molumphy, along with partner Frank Pitre, served as co-lead counsel on behalf of PG&E 
shareholders in derivative litigation arising out of the San Bruno gas explosion and fire. After years 
of litigation, Mr. Molumphy helped defeat motions to dismiss the case based on a litany of 
affirmative defenses, established theories of liability based on the D&O’s breach of fiduciary 
duties of oversight and disclosure, and helped negotiate one of the largest settlements in history, 
Case 3:21-md-02992-GPC-MSB     Document 324-162     Filed 08/29/24     PageID.7300 
Page 46 of 67

 
47
including both a substantial monetary recovery and implementation of novel governance reforms 
(many still at issue in this case). 
 
Mr. Molumphy is currently co-lead counsel in several derivative actions against California 
companies, including In re Uber Technologies Inc. Securities Litigation (San Francisco Sup. Ct.) 
CGC 19-579544 – relating to its initial public offering – and Won v. The We Company, et al. 
(WeWork) (San Francisco Sup. Ct.) CGC 19-581021 – relating to WeWork’s multi-billion dollar 
failed initial public offering. Molumphy is also counsel in other high-stakes actions involving 
corporate governance failures by California companies, including In re Zoom Video 
Communications Inc. Privacy Litigation, Master File No. 5:20-cv-02155-LHK and In re 
Robinhood Financial Services Litigation, No. 3:20-cv-01626-JD (N.D. Cal.). 
During the last two years, Mr. Molumphy also obtained a slew of significant recoveries in 
California relating to corporate governance breakdowns related to risk management and disclosure 
obligations to customers and shareholders. 
 
For example, in In re Apple Inc. Device Performance Litigation, Mr. Molumphy served as co-lead 
counsel in a massive, nationwide class action alleging that Apple caused iPhone customers to 
install an operating system software update that secretly slowed down or “throttled” the 
performance of their iPhones. Mr. Molumphy coordinated the review of millions of documents 
and depositions of Apple employees and the action was settled in early 2020. In May 2020, Judge 
Davila preliminary approved the settlement by which Apple will pay at least $310 million and up 
to $500 million to Apple iPhone consumers, and a final approval hearing is set in December 2020. 
 
In In re Yahoo! Inc. Shareholder Litigation, Mr. Molumphy served as co-lead counsel and 
successfully negotiated a $29 million settlement in 2019, the first ever monetary recovery obtained 
in a shareholder derivative action based on the failure to detect and disclose data breaches. The 
action followed the two largest security breaches in United States history, impacting literally 
billions of users of Yahoo’s computer network, but not revealed to the public until years later and 
just prior to Yahoo’s merger with Verizon. After a full-blown evidentiary hearing on a motion for 
preliminary injunction, the Santa Clara Superior Court required amendments to the proxy and, 
shortly thereafter, defendants settled the derivative claims for $29 million. 
 
In Chicago Laborers Pension Fund, et al. v. Alibaba Group Holding Limited, Mr. Molumphy 
served as co-lead counsel for a class of investors in Alibaba’s $25 billion initial public offering, 
the largest in United States history. Based in China, Alibaba has become an e-commerce platform 
and one of the biggest corporations in the world.  However, after deciding to go public using the 
United States financial markets, Alibaba failed to disclose that it was meeting with China’s 
regulators just weeks prior to its initial public offering and told to reforms its platforms because 
products sold on Alibaba websites were fake or infringed trademarks. The action was brought in 
San Mateo Superior Court, where Alibaba maintained its US headquarters. In May 2019, after 
extensive motion practice and multi-national discovery, including depositions of Alibaba 
employees based in China, the Court approved a $75 million settlement for the class, one of the 
largest IPO settlements in California history. 
 
Case 3:21-md-02992-GPC-MSB     Document 324-162     Filed 08/29/24     PageID.7301 
Page 47 of 67

 
48
In In re LendingClub Securities Litigation, Mr. Molumphy was co-lead counsel in a class action 
for shareholders of LendingClub, a San Francisco company that developed an online, peer-to-peer 
lending platform. However, LendingClub failed to disclose internal issues the company was 
having with its data security and failed to obtain consent to information-sharing policy as required 
by law. The case was one of the first to pursue claims based on online marketplace lenders and the 
types of disclosures necessary for consumers to make informed choices about loan offers. Mr. 
Molumphy successfully fought back efforts to stay the action, won a motion to certify the class in 
California state court, and then coordinated efforts with a related class action filed in the Northern 
District of California, before District Judge William Alsup. After the state and federal parties 
participated in coordinated discovery and settlement negotiations, the federal and state actions 
ultimately settled for $125 million in 2018, and the settlement was approved 
by both the federal and California state courts. 
 
Mr. Molumphy is also counsel for Earth Island Institute v. Crystal Geyser Water Company, et al., 
a first-of-its kind environmental action against the nation’s largest plastic bottlers – including 
Coca-Cola, PepsiCo and Nestle – seeking to hold them accountable under California public 
nuisance law for the impact of their products’ plastic pollution on California’s waterways and 
coasts. 
 
Mr. Molumphy is active in community affairs and served for years on the Board of Directors and 
as a volunteer for the Legal Aid Society of San Mateo County, which provides free legal services 
to low-income children, families and seniors. The Parca Auxiliary also honored Mr. Molumphy 
and Cotchett, Pitre & McCarthy with “Parca’s Angel Award,” in recognition of the law firm’s 
contributions to Parca Organization, a private nonprofit association that serves people with 
developmental disabilities and their families in the Bay Area. 
 
PAUL N. “PETE” McCLOSKEY In Memoriam 
 
Paul N. “Pete” McCloskey, Jr., a former principal at Cotchett, Pitre & McCarthy, long considered 
to be one of the country’s great trial lawyers, as well as a great public servant and war hero. 
 
A renowned attorney who tried over 100 jury trials, McCloskey began his law career as Deputy 
District Attorney for Alameda County, and then as the founding partner in the law firm of 
McCloskey, Wilson & Mosher, which evolved into the firm of Wilson, Sonsini, Goodrich & 
Rosati. 
 
During his law career, McCloskey served as President of the Palo Alto Bar Association, President 
of the Conference of Barristers of the State Bar of California and as a Trustee of the Santa Clara 
Bar Association. 
 
McCloskey received his B.A. from Stanford University and his J.D. from Stanford Law School. 
He has written four books and has taught legal ethics and political science at Stanford and Santa 
Clara Universities. His books include: Guide to Professional Conduct for New Practitioners, 
California State Bar (1961); The U.S. Constitution, BRL (1961); Truth and Untruth: Political 
Case 3:21-md-02992-GPC-MSB     Document 324-162     Filed 08/29/24     PageID.7302 
Page 48 of 67

 
49
Deceit in America, Simon & Shuster (1971); and The Taking of Hill 610, Eaglet Books (1992), 
describing his service in Korea. 
 
Following Stanford University, he joined the Marine Corps as an officer and served in the Korean 
War. While in the Marine Corps section, McCloskey commanded a reserve rifle company at San 
Bruno, California from 1953 to 1960.  A recipient of the Navy Cross for extraordinary heroism, 
the Silver Star for bravery in combat and two Purple Hearts, McCloskey was a platoon leader and 
company commander. He retired from the Reserve with a rank of Colonel. 
 
McCloskey served from 1967 to 1983 in the U.S. House of Representatives and was re-elected 
seven times representing the San Francisco Peninsula and Silicon Valley. He served six years as 
Congressional Delegate to the International Whaling Conference, and as Congressional Advisor 
to the Law of the Sea Treaty Delegation. An ardent environmentalist, he was co-chair of the first 
Earth Day in 1970 with Senator Gaylord Nelson. In 1972, he ran for President on an anti-Vietnam 
War platform against Richard Nixon. One of McCloskey’s enduring legacies is his co-authorship 
of the 1973 Endangered Species Act. After serving in Congress for 15 years, McCloskey returned 
to private practice, taking on tough complex cases. 
 
He served as a Trustee for the Monterey Institute of International Studies, the Population Action 
Institute, and the U.S. Marine Corps Academy in Harlingen, Texas. Appointed by President 
George H. W. Bush and elected its first chairman, McCloskey served on the U.S. Commission on 
National and Community Service from 1990 to 1992. 
 
McCloskey served on the Advisory Council to the American Land Conservancy. He has been at 
the forefront in helping Afghanistan and Iraq war veterans receive college educations upon their 
return from duty. He serves on the Board of Advisors of The Fund for Veterans’ Education. 
A film was done on the life and times of Pete McCloskey entitled, American Maverick. The film 
is narrated by the late Paul Newman who said, “Pete McCloskey has spent his life fighting for 
peace” and “without doubt he will always be leading from the front.” 
 
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 consumer class actions, commercial disputes, corporate and 
securities fraud, shareholder litigation, 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 has provided commentary on consumer rights issues, has appeared on local as well as 
national news broadcasts, and has appeared as a speaker and panelist in MCLE presentations, most 
recently at the Consumer Attorneys of California (CAOC) Donald L. Galine Sonoma Seminar. 
Case 3:21-md-02992-GPC-MSB     Document 324-162     Filed 08/29/24     PageID.7303 
Page 49 of 67

 
50
Brian is actively involved in the California and Bay Area legal communities, and currently serves 
as a member of the State Bar of California’s 2021 Commission on Judicial Nominees Evaluation. 
 
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. 
 
ANDREW KIRTLEY 
 
Andrew Kirtley is a Partner with Cotchett, Pitre & McCarthy LLP, specializing in complex civil 
litigation. Before joining the firm, Andrew was a litigator in the District of Columbia, where he 
worked at a tenants’ rights law firm, the D.C. Bar Pro Bono Center, and a boutique law firm 
specializing in federal environmental and civil rights litigation. 
 
Andrew earned his J.D. from Northeastern University School of Law and a Master of 
Environmental Law and Policy from Vermont Law School. During law school, Andrew completed 
externships with U.S. Magistrate Judge Ronald Ellis in the Southern District of New York (New 
York, NY), the Navajo Nation Department of Justice (Window Rock, AZ), the U.S. Department 
of Justice (Washington, DC), and the Human Rights Law Network (New Delhi, India). He also 
led a successful campaign to improve recycling at the law school, served on faculty-student 
committees, was a constitutional law teaching assistant, and served as a research assistant on a 
brief filed in a Guantánamo Bay detainee case. Before law school, Andrew worked as a bicycle 
messenger and in various other service industry jobs, and lived in Boston, Chicago, Kentucky, and 
France. 
 
KARIN SWOPE 
 
Karin Swope is a Partner with Cotchett, Pitre & McCarthy, LLP’s where she represents clients in 
consumer protection law, antitrust and securities litigation, environmental actions, privacy 
litigation and intellectual property counseling. Karin has represented clients for over 20 years in 
proceedings in state and federal courts across the country, as well as before the USPTO. She helped 
consumers fight against unfair and deceptive practices, and has helped to change consumer 
protection law in the process. She has been appointed as co-lead counsel and to steering 
committees in antitrust and consumer cases, including cases against Apple and Intelius. She has 
represented companies and sovereign nations in protecting their intellectual property rights. She 
has protected the retirement funds of employees whose employers had breached their fiduciary 
Case 3:21-md-02992-GPC-MSB     Document 324-162     Filed 08/29/24     PageID.7304 
Page 50 of 67

 
51
duties in violation of ERISA, in cases against Washington Mutual, State Street Bank and Regions 
Financial Corporation, among others. She has also represented shareholders in complex securities 
litigation, including disputes involving breach of fiduciary duty. 
 
Since 2008, Karin has served as an Adjunct Professor at Seattle University School of law, where 
she has taught the Intellectual Property Art Law Clinic.  She is currently serving as President of 
the board of the Intellectual Property Section of the Washington State Bar Association and is a 
member of the Western Washington Federal Bar Association Local Rules Committee. She has 
presented and/or co-chaired numerous CLE’s on topics ranging from E-Discovery practices to 
Intellectual Property. 
 
Following her graduation from Columbia Law School, Karin served as a law clerk to the Honorable 
John C. Coughenour in the U.S. District Court for the Western District of Washington, and as a 
law clerk to the Honorable Robert E. Cowen of the U.S. Court of Appeals, Third Circuit. 
 
ROBERT B. HUTCHINSON 
Robert Hutchinson heads up the Cotchett, Pitre & McCarthy Los Angeles office. Mr. Hutchinson 
is a veteran trial lawyer having tried over 30 jury trials in Federal and State courts and numerous 
complex arbitrations and court trials.  In 2000 he won a $ 4.9 million verdict for a client who lost 
his right leg above the knee, believed to be the largest verdict to that time for that type of injury in 
the State of California. 
 
Mr. Hutchinson successfully argued the case of Vanhorn v. Torti (2008) 45 Cal 4th 322 before the 
California Supreme Court and secured a multi-million dollar settlement for client. 
 
Mr. Hutchinson specializes in Personal Injury trial practice, emphasis in product liability, 
Consumer Protection, Securities Fraud and Consumer Class Actions. 
 
THOMAS E. LOESER 
 
Tom Loeser is a Partner in the Seattle office of Cotchett Pitre & McCarthy, LLP, where he 
represents consumers in nationwide class action cases and individuals in qui tam whistleblower 
cases. Tom is a Martindale-Hubbel AV Preeminent Rated Superlawyer and member of Law 
Dragon’s 500 Leading Lawyers in America and the National Trial Lawyers Top 100 Trial 
Lawyers. Mr. Loeser adds a hard science, and a high-technology career to his 25 years of litigation, 
including 18 years in class actions and five years as a federal prosecutor. Mr. Loeser’s technology 
career included an MBA, writing code for the Treasury at Microsoft, a financial analyst position 
at the Hewlett-Packard Company and two years of technology licensing in Silicon Valley. 
 
In 2002, Mr. Loeser was appointed an Assistant United States Attorney in Los Angeles where after 
two years of prosecuting all manner of federal crimes, he joined the elite Cyber and Intellectual 
Property Crimes Section. This role required months of training in the investigation and prosecution 
of hacking, computer intrusion, malware, and data breach cases. The training was cutting edge, 
requiring Top Secret clearances, and it was ongoing throughout Mr. Loeser’s government service. 
Case 3:21-md-02992-GPC-MSB     Document 324-162     Filed 08/29/24     PageID.7305 
Page 51 of 67

 
52
Mr. Loeser resolved hundreds of criminal cases—including federal hacking and data theft cases—
and brought over a dozen federal cases to trial and through appeal. 
 
Mr. Loeser’s practice has included the prosecution and resolution of dozens of complex actions 
against the titans of industry, including national banks, insurers, builders, title companies, 
carmakers, mortgage lenders, trucking companies and nationwide retailers. Mr. Loeser specializes 
in the prosecution of cases that are not just complex because of the legal and procedural issues 
involved, but also because of the technological sophistication of the products, services or bad acts 
underlying the legal claims. 
 
Mr. Loeser has worked extensively on many of the largest consumer class cases in U.S. history. 
These include legion auto defect cases such as the $10 billion Volkswagen “Clean Diesel” MDL 
and the related $1.3 billion Volkswagen Franchise Dealer litigation. Mr. Loeser has worked on 
dozens of data breach and privacy cases including the massive 2022 T-Mobile data breach case 
where Mr. Loeser was appointed to leadership, and the antitrust case against Meta for its abusive 
collection of consumer data. Mr, Loeser’s role in these cases touched on all aspects of litigation, 
including leadership, strategy, discovery, depositions, legal briefing and settlement. 
 
Mr. Loeser’s work has garnered praise from the plaintiffs class action bar, who regularly ask him 
to speak at class action conferences, and from judges, including Judge Beth Labson Freeman in 
San Jose who remarked on the record: 
 
“It’s not simple, you make it look easy, and that's the art of what you do, Mr. Loeser, and 
the Court certainly appreciates the good work in this case, and in recognition of the many 
cases that your firm has handled over the years.” 
 
Dean Sheikh et al v. Tesla, Inc. Final Approval of Settlement Hearing, The Honorable Beth 
Labson Freeman, United States District Judge for the Northern District of California San 
Jose Division. 
 
Outside of work Tom enjoys time with his family cycling, skiing, snowboarding, surf-foiling, and 
in all manner of ocean activities. 
 
NANCI E. NISHIMURA 
 
Nanci E. Nishimura is a partner at Cotchett, Pitre & McCarthy, LLP where she practices civil 
litigation focusing on antitrust, business litigation and consumer class actions. Ms. Nishimura 
received a B.A. in Psychology and M.A. in International Relations from the University of Southern 
California. Following a career in the United States and Japan as a business development and 
marketing consultant, she received her J.D. from the Columbus School of Law at the Catholic 
University in Washington, D.C. She worked at the Overseas Private Investment Corporation, the 
International Trade Commission and served as a Legislative Analyst to Senator Daniel Inouye. 
 
Ms. Nishimura’s experience in civil and criminal appellate litigation includes First and Fourth 
Amendment and civil rights. She wrote the brief on the merits and appeared before the United 
Case 3:21-md-02992-GPC-MSB     Document 324-162     Filed 08/29/24     PageID.7306 
Page 52 of 67

 
53
States Supreme Court in Hanlon v. Berger, 526 U.S. 808 (1999). She co-authored, “An Invasion 
of Privacy: The Media’s Involvement in Law Enforcement Activities,” 19 Loy. L.A. Ent. L.J. 313 
(1999). Published cases, among others, include Berger v. CNN Inc., 188 F.3d 1155 (9th Cir. 1999); 
Ayeni v. Mottola, 35 F.3d 680 (2d Cir. 1994), cert. denied, 514 US 1062 (1995), aff’g Ayeni v. 
CBS Inc., 848 F. Supp. 362 (E.D.N.Y. 1994); Brunette v. Humane Society of Ventura County, 294 
F.3d 1205 (9th Cir. 2002); Aquila, Inc. v. Superior Court, 148 Cal. App. 4th 556 (2007); Regents 
of University of California v. Superior Court, 165 Cal. App. 4th 672 (2008). 
 
She was appointed by Governor Jerry Brown to the 11 member Commission on Judicial 
Performance (2011-2015); formerly served on the State Bar Judicial Nominees Evaluation 
Commission (JNE) for the 2005-2008 term; on the Board of Governors and first Vice President 
for the California Women Lawyers (District 3). She is also a member of the San Mateo and Los 
Angeles County Bar Associations, Consumer Attorneys of California, Association of Trial 
Lawyers of America, and the American Bar Foundation. She is a frequent lecturer for California 
Women Lawyers, and past member of the LACBA Litigation Section Trial Practice Inn of Court. 
 
Ms. Nishimura is on the Board of Trustees of the California Science Center Foundation, a joint 
state-private facility created to promote science education throughout California, and past 
president of the Board of Directors of The MUSES of the California Science Center Foundation. 
She is a frequent speaker to promote science and math education in California. In addition, she is 
on the Board of Trustees of the Asian Art Museum in San Francisco; the Rotary Club of San 
Mateo; and the creator of Storytime for Children with Abby Rabbit, an interactive reading and 
development program for children. 
 
ANNE MARIE MURPHY 
 
Anne Marie Murphy is a partner at Cotchett, Pitre & McCarthy LLP, where she practices civil 
litigation focusing on complex commercial litigation, class actions, consumers’ rights and elder 
abuse (including both financial abuse and nursing home abuse). 
 
Ms. Murphy received her Bachelor of Arts in Science & Technology from Vassar College. She 
received her J.D. from the Georgetown University Law Center. While attending Georgetown, she 
worked as a Legislative Assistant in the U.S. Senate. 
 
After graduating from law school, she practiced law in San Francisco, handling a caseload ranging 
from complex commercial litigation to regulatory approvals of mergers and acquisitions of 
regulated utilities. She also worked on a pro bono basis for the AIDS Legal Referral Panel. 
In Komarova v. National Credit Acceptance, Inc. Ms. Murphy, along with Justin T. Berger of 
Cotchett, Pitre & McCarthy LLP, obtained a jury verdict against a credit card collection agency 
following a two week trial in January 2008. The jury found for the plaintiff both on her intentional 
infliction of emotional distress and California Fair Debt Collection Practices Act claims, resulting 
in both a compensatory and punitive damages award. On appeal, several important issues of first 
impression were decided in the Plaintiff’s favor, as reflected in the published decision: Komarova 
v. National Credit Acceptance, Inc., 175 Cal. App. 4th 324 (Cal. App. 1st Dist. 2009). 
 
Case 3:21-md-02992-GPC-MSB     Document 324-162     Filed 08/29/24     PageID.7307 
Page 53 of 67

 
54
Ms. Murphy has practiced extensively in the area of elder abuse, handling many notable cases 
against nursing homes. Ms. Murphy has also acted as co-lead counsel in a number of consumer 
class actions which have returned millions of dollars to consumers across the country.  Ms. Murphy 
has tried a number of cases to verdict. 
 
Ms. Murphy is a member of Consumer Attorneys of California, the American Association for 
Justice, the San Mateo County Bar Association, the San Mateo Trial Lawyers Association, and is 
a lifetime member of California Women Lawyers. 
 
Ms. Murphy serves on the Board of Directors of Consumer Attorneys of California (CAOC) and 
has been Co-Chair of the Donald L. Galine Tahoe Seminar since 2010.  She also Co-Chaired 
CAOC’s Class Action Seminar for several years. Ms. Murphy was elected to the CAOC Board of 
Governors in 2009 and again in 2010. In 2010, Ms. Murphy was appointed to serve on the Board 
of Directors of CAOC, she was then elected to the Board of Directors in 2011 and every year 
following. Ms. Murphy is the former Chair of the CAOC Women’s Caucus. 
 
In 2010, Ms. Murphy was appointed as a Commissioner on the California Commission on Access 
to Justice. The Commission plays a vital role in bringing together the three branches of 
government, judges, lawyers and civic and business leaders to find long-term solutions to the 
chronic lack of legal assistance available to low-income and vulnerable Californians.  Ms. Murphy 
continues to serve on the Commission. 
 
Ms. Murphy previously served on the Board of Directors of the State Bar of California, California 
Young Lawyers Association (CYLA) (2009 -2011); as well as the Board of Directors of the San 
Mateo County Barristers (2008-2009). 
 
Ms. Murphy has provided frequent commentary on consumer rights issues, including binding 
mandatory consumer arbitration, and has appeared on local as well as national news broadcasts 
including ABC 7 On Your Side (Cable 7), View From The Bay, and Good Morning America 
(ABC). Ms. Murphy’s articles include: “Same Road, Different Stops” (Elder Abuse Litigation), 
The Docket, San Mateo County Bar Association, Volume 49, No. 1, Jan/Feb 2013.  Ms. Murphy’s 
speaking engagements include: Panelist: “Elder Abuse Litigation,” San Mateo County Bar 
Association, 2011; “Elder Abuse Litigation,” State Bar of California Annual Convention, 2010; 
“Handling Cases Involving Physical and Financial Elder Abuse,” CYLA, State Bar of California 
Webinar, 2010; “Winning Cases in Securities Arbitration,” State Bar of California Annual 
Convention, 2010; “Securities Arbitration,” CYLA, State Bar of California Webinar 2010; 
“Winning Trials through Motions in limine,” 2010; Moderator, “Preparing for Trial,” Consumer 
Attorneys of California, 2011; Moderator, “CSI Effect” CAOC Tahoe 2012; Panelist, “Financial 
Elder Abuse Litigation: Assessing, Preparing and Presenting Claims”, Legal Assistance for 
Seniors (“LAS”) 2012 Annual Conference; “Credit Counseling Class Actions and the CROA”, 
CAOC Beaver Creek Conference 2012; Elder Abuse Litigation: Getting To Verdict Or Settlement 
In Tough Economic Times And Checklists For Settlement,” CAOC 51st Annual Convention 2012; 
“Ethical Issues in Lawyer Communications,” San Mateo County Bar Association 2013; “Elder 
Abuse Litigation: Sharpening Skills in Physical and Financial Abuse Cases” LAS 2013 Annual 
Conference; 
“PAPANTONIO: 
THE 
CONSERVATIVE 
WAR 
ON 
CONSUMER 
Case 3:21-md-02992-GPC-MSB     Document 324-162     Filed 08/29/24     PageID.7308 
Page 54 of 67

 
55
PROTECTIONS (VIDEO),” broadcast, Ring of Fire, August 4, 2013; “Is Major League Baseball 
the ONLY Business to Have an Antitrust Exemption?” Santa Clara University, September 27, 
2013; “Ethical Issues Emerging From The Patient-Client Relationship” CAOC Annual 
Convention, San Francisco, November 16, 2013; Co-Chair/Moderator CAOC 2014 Class Action 
Seminar; Co-Chair/Moderator CAOC Political Training, May 5, 2014; “Cy Pres in Class Action 
Settlements: How to Do It Right and Benefit Legal Service”, Impact Fund Webinar, July 28, 2014; 
Moderator, “Dos and Don’ts in the Courtroom” CAOC 53rd Annual Convention, San Francisco 
November 14, 2014; “CCRC Litigation” California Advocates for Nursing Home Reform 
(CANHR) Annual Convention, Monterey, November 21, 2014; “Elder Law and Continuing Care 
Retirement Communities (CCRCs)” CAOC Hawaii Seminar, December 1, 2014; Co-Chair 
CAOC/SFTLA/BASF 2015 Class Action Seminar, February 10, 2015.  “Continuing Care 
Retirement Communities: Current Developments,” California Advocates for Nursing Home 
Reform (CANHR) Annual Convention, November 2015; “Amendments to the Federal Rules of 
Civil Procedure,” CAOC 2015 Hawaii Seminar, November 30, 2015; CAOC Class Action and 
Mass Torts 2016 Seminar, San Francisco, Co-Chair and Moderator; “Why aren’t more female 
lawyers making it to trial?.” SFTLA, January 7, 2016; “Trial Skills: The Ins And Outs Of Handling 
Witnesses (Roundtable Discussion),” CAOC 2016 Sonoma Seminar, Moderator; Co-Chair of the 
CAOC 2016 Sonoma Seminar; “Continuing Care Retirement Communities: Continuing Care 
Contracts/Frequently Asked Questions” CANHR Webinar, April 20, 2016; Presentation to 
CANHR CCRC Panel, April 30, 2016; Litigating in Probate Versus Civil Court: Factors to 
Consider, Legal Assistance for Seniors Conference, May 17, 2016; Transparency in Supply Chains 
Litigation: Plaintiff, Defense and Human rights perspectives, July 28, 2016, Sponsored by the 
California State Bar Antitrust, UCL and Privacy Law Section; Elder Abuse a Growing Epidemic, 
CAOC Annual Convention, San Francisco, November 12, 2016; Continuing Care Retirement 
Communities (CCRC) Litigation, Plenary Session, CANHR Annual Conference, Monterey, 
November 19, 2016; “Litigating Human Rights Cases Under the UCL,” CAOC Hawaii Seminar, 
Maui, November 28, 2016; “Litigating Human Rights Class Actions,” CAOC/SFTLA Class 
Action Seminar, San Francisco, February 7, 2017; Preparing for the First Day of Trial, SFTLA 
Seminar, February 21, 2017; Elder Abuse Roundtable, SFTLA, May 9, 2017.  
 
Ms. Murphy is involved in a number of community organizations in the Bay Area. Among other 
community activities, Ms. Murphy served on the Board of Directors of Seven Tepees Youth 
Program for a number of years, including as board Secretary. Seven Tepees is a non-profit serving 
promising urban youth in San Francisco, which provides comprehensive services to youth from 
5th to 12th grade, including mentoring, academic support and college and career counseling.  Ms. 
Murphy now serves on the Advisory Board. 
 
In 2015 Ms. Murphy joined the Board of Directors of California Advocates for Nursing Home 
Reform (“CANHR”). CANHR is one of the largest and most respected non-profits in the country 
devoted to the protection of senior citizens. For the past 30 years, CANHR has educated and 
supported consumers and advocates regarding the rights of California seniors, through direct 
advocacy, community education, legislation and litigation. 
 
In 2008, Ms. Murphy was selected as a finalist for the 2008 Consumer Attorney of the Year Award 
by CAOC. In 2009, 2010, 2011 and 2012 Ms. Murphy was selected as a Northern California 
Case 3:21-md-02992-GPC-MSB     Document 324-162     Filed 08/29/24     PageID.7309 
Page 55 of 67

 
56
“Rising Star” by Northern California Super Lawyers and San Francisco Magazine. In 2013 and 
every year since Ms. Murphy has been selected as a Northern California “Super Lawyers” by 
Northern California Super Lawyers and San Francisco Magazine.  In 2016 she was named to Super 
Lawyers’ Top 100 Northern California Attorneys.  
 
In May 2015, the Daily Journal named Ms. Murphy in its Top Women Lawyers edition as one of 
the “100 leading women lawyers in California.”  Also in 2015 Ms. Murphy was named as one of 
the 25 top Plaintiff attorneys by the Daily Journal in its inaugural list of 25 top Plaintiff attorneys.  
 
ADAM J. ZAPALA 
 
Adam J. Zapala is a partner at Cotchett, Pitre & McCarthy, LLP, where he focuses on antitrust, 
false claims act litigation, consumer protection and class actions generally. 
 
Mr. Zapala received a B.A. from Stanford University and his J.D. from University of California, 
Hastings College of the Law. While at Hastings, Mr. Zapala received awards for best moot court 
brief, the Pro Bono Publico award, most outstanding student in Group Advocacy and Systemic 
Reform, and Excellence for the Future Award in Pre-trial Practice. 
 
Previously, Mr. Zapala worked at Davis, Cowell & Bowe, LLP. in San Francisco, where he 
represented labor unions, Taft-Hartley Pension and Health & Welfare funds, employees and 
consumers in complex litigation, arbitration and NLRB proceedings. While at DCB, Mr. Zapala 
served as trial counsel in countless arbitrations on behalf of labor unions and employee benefit 
funds. He has argued cases before the California First, Third, and Sixth District Court of Appeal. 
 
Mr. Zapala also previously served as a staff attorney with Bay Area Legal Aid, where he focused 
on representing indigent clients in a wide variety of civil litigation matters. While there, Mr. Zapala 
developed expertise in Medi-Cal, Medicare and other publicly-financed healthcare systems. While 
in law school, Mr. Zapala also worked for the public interest law firms of Public Advocates, Inc. 
and Public Justice, focusing on civil rights class action litigation. 
 
Mr. Zapala also has legislative and policy experience, working on Capitol Hill as a policy aide for 
Senator Ron Wyden (D-Oregon) in Washington D.C. 
 
Mr. Zapala has deep ties to the Bay Area. He grew up in San Jose, California and attended 
Bellarmine College Preparatory. While at Stanford University, Mr. Zapala became a four-time 
Academic All-American, a four-time All-American, and Captain of the Stanford Men’s Soccer 
Team. In 2001, he was drafted in the Major League Soccer (“MLS”) Super Draft by the Dallas 
Burn (now FC Dallas). 
 
GARY A. PRAGLIN 
 
Gary A. Praglin is a partner at Cotchett, Pitre & McCarthy, LLP, where he handles complex 
personal injury cases, including mass tort actions involving environmental contamination of air, 
Case 3:21-md-02992-GPC-MSB     Document 324-162     Filed 08/29/24     PageID.7310 
Page 56 of 67

 
57
water and soil. These cases often involve thousands of injured victims at a time, like Gary’s PG&E 
case, which became the subject of the hit movie Erin Brockovich. 
 
Over his career, Gary has helped recover for his clients nearly one billion dollars in jury verdicts 
and settlements.  
 
Gary has also served in leadership on Steering Committees, past and present. Notable Plaintiffs’ 
Steering Committees have been the Yamaha Rhino Litigation and the SoCalGas Aliso Canyon 
Litigation, which arises out of the largest release of methane into the environment in history. 
Gary also handles pro bono litigation to improve the lives of others. Notable pro bono cases have 
been: an adoption; re-admission of a med student into med school, allowing him to become a 
doctor; and helping a young couple prevail against a slumlord on a mold issue. Gary is currently 
representing multiple parties against online puppy traffickers who have harmed defenseless 
animals and devastated innocent families.  
 
Gary received his Bachelor of Arts from UCLA. He received his J.D. from Southwestern 
University School of Law. 
 
Gary is a member of the Los Angeles County Bar Association, Consumer Attorneys of California, 
Consumer Attorneys of Los Angeles and American Board of Trial Advocates. 
 
He is an active supporter and fund raiser for the following worldwide charities: Wildlife NOW--
dedicated to preserving endangered species in Africa www.wildlifeNOW.com; and Israel Guide 
Dog Center for the Blind--dedicated to breeding, training and placing guide dogs around the 
world www.israelguidedog.org. 
 
ELIZABETH CASTILLO 
 
Elizabeth Castillo is a Partner at Cotchett, Pitre & McCarthy, LLP.  She focuses her practice on 
antitrust law and complex litigation.  
 
Ms. Castillo received her B.A. in Economics and Political Science, with a concentration in Public 
Policy, from Boston University.  At BU, she interned and studied abroad in London and Sydney 
during her third year. 
 
Ms. Castillo received her J.D. from the University of California, Hastings College of the Law.  At 
UC Hastings, she was a super regional semifinalist in the Jessup International Law Moot Court 
Competition.  She also received honorable mentions for both best brief and best oral advocacy in 
Moot Court.  Ms. Castillo served as a judicial extern for the Honorable A. James Robertson II in 
San Francisco Superior Court and as a teaching assistant for both Legal Writing & Research and 
Moot Court.  She studied international business law at Bocconi University in Milan for a semester. 
 
In law school, Ms. Castillo mentored underserved high school students on preparing for college.  
While awaiting bar results, she served as a graduate fellow at Bay Area Legal Aid, where she 
advocated for the rights of disadvantaged people to health and disability benefits. 
Case 3:21-md-02992-GPC-MSB     Document 324-162     Filed 08/29/24     PageID.7311 
Page 57 of 67

 
58
 
Ms. Castillo has national and state legislative experience.  She interned for U.S. Representative 
Neil Abercrombie (D-Hawaii; now Governor of Hawaii) in Washington, D.C. and State 
Representative Scott Nishimoto (D-Hawaii) in Honolulu.  
 
Ms. Castillo grew up in Honolulu and graduated from ‘Iolani School, but she has been actively 
laying roots in the Bay Area.  She enjoys the food scene in San Francisco, the hiking trails in 
Marin, and volunteering for the family law section of the Bar Association of San Francisco. 
 
JULIE L. FIEBER 
 
Julie L. Fieber is a Partner at Cotchett, Pitre & McCarthy, LLP, practicing in a wide range of civil 
litigation areas including environmental claims, trade secrets, consumer fraud and employment. 
Before joining Cotchett, Pitre & McCarthy, Ms. Fieber practiced law in San Francisco, handling 
complex commercial disputes on topics that included securities, wage and hour claims, 
government contracts, and construction defects. 
 
Ms. Fieber graduated summa cum laude from the University of San Francisco School of Law. At 
USF, Ms. Fieber served on Law Review, was a Dean’s Scholar, and won Cali Awards for being 
the top student in torts, civil procedure, contracts, legal research and writing, criminal law, 
complex civil procedure, and wills and trusts. Ms. Fieber also was an extern law clerk to Associate 
Justice Ming W. Chin of the California Supreme Court (Fall 1998). 
 
Prior to law school, Ms. Fieber earned a B.S. degree in Chemical Engineering from U.C. Santa 
Barbara, where she was a Regent’s Scholar and a member of the women’s crew team. After 
graduating from UCSB, Ms. Fieber spent several years working as a consulting engineer for a mix 
of government and industry clients. Her primary focus was evaluating the environmental impacts 
of new vehicle technologies and fuels. Highlights included managing the emissions modeling for 
the Auto-Oil Air Quality Improvement Research Program, an industry-lead effort to evaluate the 
regional environmental impacts of new vehicle fuels and technologies. Ms. Fieber also conducted 
community and stakeholder outreach related to a variety of clean air programs, and developed and 
conducted courses on emissions modeling and regulations. Ms. Fieber is also a Registered 
California Professional Engineer in Chemical Engineering. 
 
DUFFY J. MIGILLIGAN 
 
Duffy J. Magilligan is a Partner at Cotchett, Pitre & McCarthy LLP practicing in a wide range of 
civil litigation areas including class actions, personal injury, wrongful death, and mass torts.  
 
Prior to joining CPM, Mr. Magilligan was a deputy district attorney in Santa Clara County (2012–
18) and Contra Costa County (2008–12).  Mr. Magilligan sat first-chair in forty-seven jury trials 
for crimes including homicide, arson, bank robbery, domestic violence, and cocaine 
trafficking.  Mr. Magilligan lectured at various police academies teaching recruits the laws of 
evidence and search and seizure.  
 
Case 3:21-md-02992-GPC-MSB     Document 324-162     Filed 08/29/24     PageID.7312 
Page 58 of 67

 
59
Mr. Magilligan received his J.D. from the University of San Francisco.  While at U.S.F., Mr. 
Magilligan was a member of the Law Review and he received the CALI award for being the top 
student in Torts.  Mr. Magilligan sat on the faculty-student steering committee at the Leo T. 
McCarthy Center for Public Service and the Common Good.  Mr. Magilligan also clerked for the 
Honorable Maura Corrigan of the Michigan Supreme Court.  
 
Prior to law school, Mr. Magilligan received a Bachelor of Science degree in Economics from 
Loyola Marymount University in Los Angeles.  Prior to law school, Mr. Magilligan was an 
associate at Huron Consulting Group in Chicago.  
 
Mr. Magilligan is a member of the Consumer Attorneys of California and the San Mateo County 
Bar Association.  
 
SARVENAZ (NAZY) FAHIMI 
 
Sarvenaz (Nazy) Fahimi is a Partner at Cotchett, Pitre & McCarthy, where she practices in several 
areas, including in representing whistleblowers in qui tam actions under the False Claims Acts. 
 
Nazy began her career practicing in commercial litigation in her hometown of Minneapolis, 
Minnesota.  She later moved to the Bay Area and continued working in litigation as well as in 
other areas of the law.  She has worked on antitrust and trade regulation cases, aviation cases, 
breach of contract and commercial disputes, employment disputes, personal injury cases, insurance 
coverage and bad faith cases, as well as discrimination and civil rights cases. Most recently, prior 
to joining Cotchett, Pitre & McCarthy, she worked at a 501 (c)(3) non-profit, Pars Equality Center, 
which serves immigrant communities by providing legal and social services. There she focused on 
advocacy and community service, while also handling in house legal and compliance matters. In 
her role at PEC, over the span of nearly six years, Nazy also collaborated with various civic and 
community organizations as well as government entities, conducted and presented panels and 
seminars on relevant topics, published updates on complex legal matters, and advised individuals 
regarding various areas of the law, including in the area of U.S. trade embargoes and sanctions, 
through the Department of Treasury’s Office of Foreign Assets Control. 
 
Nazy graduated cum laude from Marquette University Law School.  During law school she served 
as a Member and subsequently an Editor of the Marquette Law Review, earned CALI Awards as 
the highest scoring student in Constitutional Law and Conflicts of Law, and became a member of 
Alpha Sigma Nu, the National Jesuit Honor Society.  Nazy also attended Marquette University as 
an undergraduate where she received her BA. 
 
TYSON C. REDENBARGER 
 
Tyson Redenbarger is a Senior Associate at Cotchett, Pitre & McCarthy LLP practicing in a wide 
range of civil litigation areas including class actions and complex civil litigation. Prior to joining 
Cotchett, Pitre & McCarthy LLP Tyson Redenbarger worked for a tenant rights law firm in San 
Francisco, representing tenants who were wrongfully evicted and tenants living in uninhabitable 
conditions.   
Case 3:21-md-02992-GPC-MSB     Document 324-162     Filed 08/29/24     PageID.7313 
Page 59 of 67

 
60
 
Mr. Redenbarger received his Juris Doctor degree from Santa Clara University School of Law. 
While in law school, he participated in the Honors Moot Court program, served as an editor of the 
International Law Journal, and volunteered at the Katharine and George Alexander Community 
Law Center, where Mr. Redenbarger assisted low income clients with consumer and debt 
collection disputes. 
 
NABILAH HOSSAIN 
 
Nabilah Hossain is an Associate at Cotchett, Pitre & McCarthy. Her practice includes governance 
and regulatory enforcement, drawing on her vast prior trial experience. 
 
Prior to law school, Ms. Hossain was a specialist in global markets and compliance investment 
banking compliance at Merrill Lynch, Pierce Fenner & Smith in New York, representing clients 
in SEC and FINRA enforcement actions and serving as the lead compliance officer for NYSE 
inquiries. She later served in the Civil Division of the U.S. Attorneys’ Office, working on matters 
ranging from wrongful death litigation to federal asset forfeiture claims. She also interned for U.S. 
Magistrate Judge Robert M. Levy in the Eastern District of New York. 
 
After graduating from law school, Ms. Hossain worked as an Assistant District Attorney for the 
New York County District Attorney’s Office, prosecuting more than 2,000 cases involving murder, 
conspiracy, rape, perjury, assault, identity theft, and domestic violence, including over 150 cases 
presented to grand juries and 19 cases tried to verdict. Ms. Hossain was promoted by the Chief of 
the Trial Division to assist senior ADAs investigate and prosecute homicides, and led long term 
investigations of criminal conspiracies, including interstate warrants for homes, cell phones, social 
media accounts and iCloud accounts. 
 
Before joining CPM, Ms. Hossain also worked as an Assistant District Attorney, General Felonies 
Unit, for the San Francisco District Attorney’s Office, and managed more than 100 felony cases, 
charging crimes including murder, assault, burglary and weapons possession from arraignment 
through motion practice through trial. 
 
KELLY W. WEIL 
 
Kelly W. Weil is a Partner at Cotchett, Pitre & McCarthy LLP’s Santa Monica office where she 
litigates exclusively on behalf of consumers and injured individuals.  Throughout her career, Kelly 
has helped litigate and successfully resolve a wide range of cases through settlement and 
trial.  Kelly’s background includes complex pharmaceutical and medical device litigation, 
environmental and toxic tort litigation, medical malpractice, catastrophic injury, and wrongful 
death actions.  
 
A Santa Monica native, Kelly received her Bachelor of Science from the University of California, 
Los Angeles where she majored in Political Theory and interned for the office of Los Angeles 
Major Antonio Villaraigosa. She received her J.D. from Loyola Law School, Los Angeles where 
she served as a judicial extern to the Hon. Philip S. Gutierrez, United States District Court for the 
Case 3:21-md-02992-GPC-MSB     Document 324-162     Filed 08/29/24     PageID.7314 
Page 60 of 67

 
61
Central District of California, and as a clinical extern with the Loyola Project for the Innocent (a 
student clinic which has successfully aided in exonerating wrongfully convicted 
individuals).  Kelly worked full time throughout law school as a law clerk for a prestigious Los 
Angeles civil litigation firm advocating on behalf of plaintiffs, where she continued her work as a 
practicing attorney for another six years.  
 
Since 2015, Kelly has been involved with the Los Angeles Center for Law and Justice where she 
serves as a volunteer attorney and sits on the Leadership Council.  As a volunteer attorney, Kelly 
has been successful in obtaining numerous Domestic Violence Restraining Orders on behalf of 
victims of domestic abuse (both physical and financial).   
 
Kelly is a member of the Consumer Attorneys of Los Angeles, Consumer Attorneys of California, 
Los Angeles County Bar Association, American Bar Association, and American Association for 
Justice.  
 
TAMARAH PREVOST  
 
Tamarah Prevost is Partner at Cotchett, Pitre & McCarthy, LLP, practicing in a wide range of civil 
litigation areas including employment law, securities litigation, consumer protection, false claims 
act litigation, and other complex civil matters. 
 
Ms. Prevost received her J.D. from Santa Clara University School of Law. While at Santa Clara, 
Ms. Prevost was named the Best Oral Advocate in the Semi Final Round of Santa Clara Law’s 
Honors Moot Court Competition, and her article was published in the Santa Clara Journal of 
International Law.  She received the CALI Award for her “Leadership for Lawyers” class and 
maintained a heavy involvement in the Women and Law Association, which included her planning 
a fundraiser to benefit victims of domestic violence. 
 
During law school, Ms. Prevost was a legal extern for the Honorable Justice Nathan Mihara of the 
Sixth District Court of Appeal and a Research Assistant to Lisa Kloppenberg, Dean of Santa Clara 
University School of Law.  
 
Ms. Prevost is active in her community, and currently serves on the Board of Directors for the 
Digital Moose Lounge, a non-profit organization that serves as the first point of contact for 
Canadians new to the Bay Area.  Prior to law school, Ms. Prevost lived in Vancouver, British 
Columbia and obtained her Bachelor of Arts degree with First Class Honors from Simon Fraser 
University and was actively involved in the Rotary Club of New Westminster.  She also lived in 
Puerto Viejo, Costa Rica and volunteered at a non-profit organization committed to alleviating 
poverty for the indigenous population. 
 
JOHN P. THYKEN 
 
John P. Thyken is a Partner at Cotchett, Pitre & McCarthy, LLP.  His practice includes a wide 
range of areas, including class actions, consumer fraud, personal injury, and wrongful death. 
 
Case 3:21-md-02992-GPC-MSB     Document 324-162     Filed 08/29/24     PageID.7315 
Page 61 of 67

 
62
Prior to joining the firm, he worked for Clapp Moroney Vucinich Beeman & Scheley, in their 
general liability group. While there, he worked on personal injury and First Amendment issues. 
 
Mr. Thyken received his J.D. from Santa Clara University School of the Law where he was a 
member of the Dean’s List and an Emery Merit Scholar. While at Santa Clara, he received the 
Witkin Award for Academic Excellence in Business Organizations and Cali Award for being the 
top student in Remedies. During law school, Mr. Thyken also advised indigent clients in areas of 
consumer protection and workers’ rights at the Katharine and George Alexander Community Law 
Center. 
 
Mr. Thyken received his Bachelor of Science in Political Science from Santa Clara University, 
where he graduated with honors. He competed as a member of the Division I Cross Country and 
Track teams, earning All-Conference honors. After obtaining his undergraduate degree and before 
attending law school, he spent two years in Yokohama, Japan teaching English and traveling 
throughout East Asia. 
 
 
SENIOR ASSOCIATES 
 
DAVID HOLLENBERG 
 
David Hollenberg is a senior associate at Cotchett, Pitre & McCarthy LLP. He works primarily on 
elder abuse, class actions, qui tam, and employment matters. Prior to joining CPM, Dave practiced 
for several years in Maryland; first, as an Assistant State’s Attorney in Montgomery County, 
Maryland, and then as a criminal defense attorney. Dave continued to practice criminal defense at 
several firms in the Bay Area after moving to California in 2018 and becoming licensed in 2019. 
Dave brings extensive first chair courtroom experience to CPM, including hundreds of bench trials, 
numerous dispositive motions, and several jury trials. 
 
Dave received his J.D. from American University Washington College of Law and an A.B. in 
Government and Romance Languages at Dartmouth College. During law school, Dave served as 
president of the Society for Dispute Resolution, a Senior Editor on the American University 
Business Law Review, and a student attorney in the Community Economic Development Law 
Clinic. Dave also served as a Marshall-Brennan Fellow, teaching constitutional law and procedure 
to high school students in Washington, DC. During college, Dave studied abroad in Paris, and also 
spent time as a field organizer on a presidential campaign’s New Hampshire team. 
 
Outside of the office, Dave enjoys spending time with his wife, son, and dog, Wally. He enjoys 
New York sports, travel, music, and trivia. He is an active participant in the Bay Area legal 
community, an assistant coach of the Ruth Asawa School of the Arts High School mock trial team, 
and a member of the Bar Association of San Francisco. 
 
ELLE D. LEWIS 
 
Ell D. Lewis is a Senior Associate at Cotchett, Pitre & McCarthy, LLP, her focus has been  
Case 3:21-md-02992-GPC-MSB     Document 324-162     Filed 08/29/24     PageID.7316 
Page 62 of 67

 
63
on civil litigation in a wide range of areas, including catastrophic injury, antitrust, construction 
defect, commercial liability defense, multi-party litigation, and securities actions.  She has vast 
experience in discovery and has been instrumental in obtaining three unanimous jury trial 
verdicts and multiple settlements. 
 
Ms. Lewis received her Juris Doctor degree from the University of San Francisco, School of 
Law. While in law school, she served as a law clerk for the Honorable Maria-Elena James of the 
United States District Court in the Northern District of California.  Ms. Lewis was an intern in 
the Elder Abuse Unit of the Office of the San Francisco District Attorney. 
 
She prides herself on being an extreme Bay Area Sports Fan. 
 
HANNAH BROWN 
Hannah Brown is a Senior Associate at Cotchett Pitre & McCarthy, LLP. Her practice areas 
include environmental law, employment law, false claims and whistleblower law, elder abuse, and 
personal injury and wrongful death. 
Hannah received her J.D. from Loyola Law School where she graduated with a concentration in 
public interest law. During law school, she worked as a certified law student with the Loyola 
Project for the Innocent, helping to free numerous wrongfully convicted individuals after serving 
decades each in prison. 
Prior to joining CPM, Hannah practiced immigration law in Minneapolis, Minnesota, where she 
represented undocumented individuals in both detained and non-detained immigration court 
matters as well as affirmative visa applications and federal civil litigation involving immigration 
law. 
GRACE Y. PARK 
Grace Y. Park serves as Counsel at Cotchett, Pitre & McCarthy LLP, specializing in False Claims 
Act litigation. Prior to joining the firm in 2022, Grace was an Assistant United States Attorney for 
the Central District of California investigating and prosecuting whistleblower complaints alleging 
violations of the federal False Claims Act. 
Grace developed her civil investigation and litigation skills from multiple vantage points, 
representing both plaintiffs and defendants at Big Law, a boutique law firm, and the federal 
government. She also investigated and litigated what were, at the time, novel issues ranging from 
regulation of pre-IPO employee stock options transactions, civil and criminal liability arising from 
the first bank to fail under the Troubled Asset Relief Program, and administrative review under 
the Medicare Act. 
Case 3:21-md-02992-GPC-MSB     Document 324-162     Filed 08/29/24     PageID.7317 
Page 63 of 67

 
64
Grace earned her J.D. from Stanford Law School where she served as Articles Editor of the 
Stanford Law Review, and she clerked for U.S. District Judge Fernando M. Olguin of the Central 
District of California. 
CARLOS URZUA 
Carlos Urzua is a senior associate at Cotchett, Pitre & McCarthy, LLP's Santa Monica office. His 
areas of practice include products liability, mass torts, professional negligence, wrongful death, 
and environmental tort, all on behalf of plaintiffs. Growing up in the inner-city of Los Angeles, 
Carlos's practice is motivated by his desire to serve the community and protect consumers against 
injustice. 
Carlos received his J.D. from Western State College of Law in Orange County. He worked full 
time throughout law school as a law clerk for a prestigious Los Angeles civil litigation firm 
advocating on behalf of plaintiffs, where he continued his work as a practicing attorney for another 
five years. During this time, he gained extensive experience in civil litigation in both state and 
federal court, and worked on several trials. He is truly committed to his clients, thriving on the 
fast-paced competitive world of litigation when it comes to pursuing the best outcomes for his 
clients. Carlos has obtained several multi-figure settlements and verdicts throughout the course of 
his career. 
Carlos also remains involved in several organizations in Southern California that assist the 
community. He serves as a volunteer attorney for Kids in Need of Defense (KIND); Carlos ensures 
protection to unaccompanied immigrant and refugee children in their deportation proceedings so 
that no child stands in court alone. Carlos is also a volunteer attorney for the Los Angeles Center 
for Law and Justice, advocating for survivors of domestic violence and sexual assault by providing 
legal assistance and representation in restraining orders, custody and divorce cases. 
THERESA E. VITALE 
Theresa E. Vitale is a senior associate at Cotchett, Pitre & McCarthy, LLP. Her areas of practice 
include catastrophic injury, wrongful death, fraud, environmental, qui tam, elder abuse, and 
consumer class actions.  Theresa has represented injured individuals, consumers, employees, 
whistleblowers and municipalities in a variety of disputes in state and federal court and arbitration 
proceedings. She was named a Super Lawyers’ Rising Star in 2023 and 2024 and received the 
Animal Legal Defense Fund’s Pro Bono Award in 2023. 
Theresa received her J.D. with a concentration in public interest law from Loyola Law School. 
During law school she externed for the ACLU of Southern California with the Immigrants’ Rights 
Group where she advocated on behalf of unaccompanied minors, worked as a research assistant, 
and appeared in court as a certified law student with the Juvenile Justice Clinic. Theresa received 
a B.A. in English and minor in Italian Studies from the University of California, Berkeley. During 
college, she spent a semester in Siena, Italy. 
Case 3:21-md-02992-GPC-MSB     Document 324-162     Filed 08/29/24     PageID.7318 
Page 64 of 67

 
65
ZACHARY N. ZAHAROFF 
Zack Zaharoff is a senior associate at Cotchett Pitre & McCarthy and a Bay Area native. Zack 
represents whistleblowers in corporate fraud cases, fights to protect seniors who are victims of 
abuse, and represents other clients that have been preyed upon or treated unfairly. 
Zack is an experienced civil litigator who cut his teeth handling commercial disputes for over five 
years at a premier international law firm in San Francisco and New York. He has experience 
leading case teams in all phases of litigation in state and federal courts across the country, as well 
as in Alternative Dispute Resolution. 
Prior to working at his previous firm, Zack served as a law clerk to the Honorable Philip R. 
Martinez, a former US District Court Judge for the Western District of Texas. Zack attended UC 
Berkeley for law school, where he served as a senior editor on the California Law Review and 
graduated at the top of his class as a member of the Order of the Coif. Zack also served as a judicial 
extern in the San Francisco chambers of the Honorable Michelle T. Friedland, a US Circuit Court 
Judge on the Ninth Circuit. He also holds a BA from the University of Washington, where he was 
a starting forward for the rugby team and worked as a bouncer at a local music venue. 
Zack spends most of his free time chasing around his toddler and spending time with his wife, a 
pediatrics and psychiatry resident at Stanford. He also enjoys golf, Bay Area sports, politics, music, 
movies, and exploring new restaurants. 
ASSOCIATES 
 
KEVIN BOUTIN 
 
Kevin Boutin is an associate at Cotchett, Pitre & McCarthy, LLP.   His areas of practice include 
employment law, consumer class actions, and qui tam actions under the federal and California 
False Claims Acts.  Kevin has represented employees and consumers in a variety of disputes in 
state and federal court and arbitration proceedings. 
 
Kevin received his J.D. from UC Davis School of Law with a certificate in environmental law.  
During law school, he served as a Senior Articles Editor of UC Davis Law Review.  Prior to law 
school, Kevin graduated with honors from University of California, Santa Barbara, where he 
received a B.A. in Business Economics. 
 
ANDREW BRITTON 
 
Andrew Britton is an associate at Cotchett, Pitre & McCarthy, LLP, where he on focuses on 
personal injury, wrongful death, products liability, and mass torts. 
 
Andrew received his J.D. from the University of California, Hastings College of the Law, with a 
concentration in Criminal Law. While at Hastings, Andrew was a law clerk with the firm as well 
Case 3:21-md-02992-GPC-MSB     Document 324-162     Filed 08/29/24     PageID.7319 
Page 65 of 67

 
66
as the with the California Attorney General’s Office and the San Mateo County District Attorney’s 
Office. He received his B.S. in Psychology from Fordham University. 
 
CARTER COURTNEY 
 
Carter Courtney is an associate at Cotchett, Pitre & McCarthy’s Santa Monica office. His areas of 
practice include Intellectual Property, Privacy, Mass Torts, Personal Injury & Wrongful Death. 
 
Carter is a third-generation attorney and graduate of Loyola Law School, where he received a J.D. 
with a concentration in intellectual property. Carter was Chief Technical Editor for Loyola’s 
Entertainment Law Review, Co-President of the IP and Cybersecurity Law Society, and a member 
of the Order of the Coif. Carter graduated from NYU with a degree in Cinema Studies. 
 
Before joining the firm, Carter worked at a boutique Beverly Hills entertainment law firm, where 
he dealt with matters involving partnership disputes, unpaid bonuses, embezzlement, and movie 
idea theft claims. During law school, Carter interned with the Intellectual Property counsel for the 
City of Los Angeles. In his spare time, Carter has edited three full-length novels for an aspiring 
novelist friend. 
 
GIA JUNG 
 
Gia Jung is an associate at Cotchett, Pitre & McCarthy LLP. She specializes in complex 
commercial litigation and class actions. 
 
Gia received her J.D. from University of California, Berkeley School of Law, with a certificate in 
IP & Technology Law. During law school, Gia was active as a student advisor for the Law and 
Technology Writing Workshop. Prior to law school, Gia graduated with highest honors from 
University of California, Santa Barbara, where she received a B.A. in English and a minor in Labor 
Studies. 
 
Before joining CPM, Gia worked at a large law firm in San Francisco, representing clients in 
commercial litigation, consumer class actions, and trade secret matters. 
 
 
BLAIR KITTLE 
 
Blair Kittle is an Associate at Cotchett, Pitre & McCarthy, LLP. Blair is an experienced trial lawyer 
who seeks justice for clients in matters involving Consumer Protection Class Actions, Defective 
Products/Mass Torts, Elder Abuse, Personal Injury and Employment. 
 
Prior to joining the firm, Blair worked as a Deputy District Attorney in Contra Costa County and 
at a Plaintiff’s firm in Oakland. Blair earned his law degree from Berkeley Law where he was a 
Dean’s Fellow. Before law school he worked in the corporate department of a large law firm in 
San Francisco. 
 
Case 3:21-md-02992-GPC-MSB     Document 324-162     Filed 08/29/24     PageID.7320 
Page 66 of 67

 
67
VASTI S. MONTIEL 
 
Vasti S. Montiel is an associate at Cotchett, Pitre & McCarthy, LLP, where she practices civil 
litigation focusing on consumer protection class actions, commercial litigation, and securities. 
 
Vasti received her J.D. from Santa Clara University School of Law. During law school Vasti 
participated in the Litigation Skills Clinic through the Community Law Center. Through the clinic, 
Vasti was able to assist clients with enforcing their consumer rights against various unfair practice 
creditors and debt buyers. Vasti also participated in various community outreach programs such 
as the Bridge to Justice Clinic and the Workers’ Rights Clinic. During Spring Break 2020 Vasti 
participated in the Border Service Project where she traveled with a group of fellow law students 
to the Florence Immigrant and Refugee Rights Project (FIRRP) in Tucson, Arizona for a week of 
volunteer work. Vasti currently volunteers with Santa Clara University School of Law as 1L 
Alumni Mentor. 
 
Before law school, Vasti volunteered with the International Rescue Committee (IRC), as an 
Immigration Support Intern where she worked with mainly Spanish speaking clients to complete 
immigration-based applications including: Adjustment of Status (green cards), Family 
Reunification, Citizenship, Travel Documents, Work Permit Authorization, and DACA renewals. 
 
ELLEN WEN 
 
Ellen Wen is an Associate at Cotchett Pitre & McCarthy, LLP. Her practices include Consumer 
Protection Class actions, False Claims/Whistleblower Law, Shareholder Rights/Corporate 
Governance, Antitrust & Global Competition, Environmental Law, Privacy & Intellectual 
Property, and Securities/Financial Fraud. 
 
Ellen received her J.D. From the University of Washington School of Law. During law school she 
helped represent people who have been abused or harmed by the police or other public officials in 
civil rights actions as a member of the Civil Rights and Justice Clinic. Ellen also served as the 
Editor-in-Chief and Chief of Diversity and Inclusion of the Washington Journal of Social and 
Environmental Justice and served a judicial extern for Judge Tana Lin at the Western District of 
Washington and Justice Mary Yu at the Washington State Supreme Court.  
 
Outside of the office, Ellen enjoys spending time with her dog and cat, traveling, hiking, dancing, 
and yoga. She is a board member of the Chong Wa Benevolent Association where she collaborates 
with community leaders to promote Chinese culture and general welfare in the community. Ellen 
is a dual citizen of the United States and Taiwan and speaks Mandarin Chinese. 
 
 
 
 
 
Case 3:21-md-02992-GPC-MSB     Document 324-162     Filed 08/29/24     PageID.7321 
Page 67 of 67

File and source

File

gov.uscourts.casd.709615.324.162.pdf

Size

1,259,100 bytes

SHA-256

e873e75c3196af6d80da263aa1ea88ddbe2f93d60462b07eed3c04c678e2b28c

Our copy

gov.uscourts.casd.709615.324.162.pdf

Original

PACER (login required)