Niall P. McCarthy - Burlingame, CA
Attorney at Cotchett, Pitre & McCarthy, LLP
Commercial Litigation Lawyers in Burlingame, CA
San Francisco Airport Office Center 840 Malcolm Road Suite 200 Burlingame, CA 94010
- 1 Super Lawyers®
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34
Years
Experience
Burlingame Commercial Litigation Lawyer
Updated: 03/02/2026
Areas of Practice
- Commercial Litigation
- Consumer Protection Class Actions
- Elder Abuse
- False Claims / Whistleblower Law
- Personal Injury & Wrongful Death
Litigation: 100%
Attorney Information
Overview
Niall P. McCarthy, a Principal at Cotchett, Pitre & McCarthy, LLP, is a graduate of the University of California at Davis and Santa Clara University School of Law. He has practiced with the firm since 1992.
McCarthy has repeatedly been selected as one of the top plaintiff attorneys in California and the United States by multiple publications, including the Daily Journal, the National Law Journal, Lawdragon Magazine and Super Lawyers Magazine. He has received a California Lawyer Magazine Attorney of the Year (CLAY) Award. McCarthy has been named a Top 100 attorney in California multiple times 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. In 2016, he was selected as one of the Top 50 Plaintiff lawyers in California by the Daily Journal. McCarthy has also been elected to the American Board of Trial Advocates (ABOTA), the International Society of Barristers and Litigation Counsel of America.
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. In 2015, he was the lead attorney for the whistleblower in a Qui Tam case resulting in a $75.5 million settlement with a technology industry giant. McCarthy has extensive experience pursuing false claims cases arising out of 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 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.
Awards and Honors
Honors
- Top 100 Northern California Super Lawyers List
- Received a California Lawyer Magazine Attorney of the Year (CLAY) Award
- Selected as one of the Top 100 Lawyers in California by the Daily Journal
- San Mateo County Trial Lawyer of the Year
- Irish Legal 100
- Defender of Justice Award
- Presented The California Supreme Court Chief Justice's Award for Exemplary Service and Leadership
- AV, from Martindale-Hubbell
- Presented the William Nagle, Jr. Memorial Award by the San Mateo County Bar Association for innovations in the law and for professionalism
- Received the Community Service Award from Santa Clara University School of Law for his work on behalf of consumers
- Received ABC 7/KGO TV's "Profiles of Excellence" Award
- Daily Journal Top 50 Plaintiff’s Lawyers in California
- 2023 Legal Lifetime Achievement Award - Consumer Watchdog
Other Sources of Feedback About Niall P. McCarthy
Included on the 2026 Northern California Super Lawyers list
Past Lists
- 2025 Northern California Super Lawyers list
- 2024 Northern California Super Lawyers list
- 2023 Northern California Super Lawyers list
- 2022 Northern California Super Lawyers list
- 2021 Northern California Super Lawyers list
- 2020 Northern California Super Lawyers list
- 2019 Northern California Super Lawyers list
- 2018 Northern California Super Lawyers list
- 2017 Northern California Super Lawyers list
- 2016 Northern California Super Lawyers list
- 2015 Northern California Super Lawyers list
- 2014 Northern California Super Lawyers list
- 2013 Northern California Super Lawyers list
- 2012 Northern California Super Lawyers list
- 2011 Northern California Super Lawyers list
- 2010 Northern California Super Lawyers list
- 2009 Northern California Super Lawyers list
- 2008 Northern California Super Lawyers list
- 2007 Northern California Super Lawyers list
- 2006 Northern California Super Lawyers list
- 2005 Northern California Super Lawyers list
- 2004 Northern California Super Lawyers list
Education
-
Legal Education
-
Santa Clara University School of Law,
Santa Clara,
California, 1992
J.D.
Law Journal: Los Angeles Daily Journal
Law Journal: San Francisco Daily Journal, the National Law Journal
-
Santa Clara University School of Law,
Santa Clara,
California, 1992
-
Non Legal Education
-
University of California,
Davis,
California, 1989
B.A.
-
University of California,
Davis,
California, 1989
Current Employment Position(s)
-
Partner
Languages
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English
Classes and Seminars
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Preparing Witnesses for Trial, 2016
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Financial Elder Abuse, Legal Assistance for Seniors Conference, 2015
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Qui Tam Litigation, 2015
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Trial Themes, 2014
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Qui Tam Actions, 2013
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46th Annual CAOC Convention, November 9, 2012
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The Lawyers' Club of San Francisco 65th Annual Supreme Court Luncheon, April 25, 2012
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California Lawyer's 2012 Attorney of the Year Award, February 10, 2012
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Financial Elder Abuse, San Mateo County Bar Association, 2011 - Present
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Discovery for Trial, San Francisco County Bar Association, 2012 - Present
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Complex Business Litigation, Consumer Attorneys of California, 2015 - Present
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Financial Elder Abuse, Alameda County Bar Association, 2015 - Present
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Financial Elder Abuse, Legal Assistance for Seniors, 2015 - Present
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False Claims Cases, Mass Torts Made Perfect, 2015 - Present
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Preparing Trial Witnesses, Consumer Attorneys of California, 2016 - Present
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Masters in Trial, American Board of Trial Advocates, 2016 - Present
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False Claims, California Advocates for Nursing Home Reform, 2016 - Present
- Settlement Strategies, Consumer Attorneys of California, 2016 - Present
Pro Bono Activities
- Community Gatepath Board of Directors
- Open Courts Coalition Co-Chair
Published Works
Articles
-
Fighting Financial Elder Abuse In California, Inside the Minds: Elder Law Client Strategies in California, May 2015
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Answering the Call: Attacking Healthcare Fraud with the False Claims Act
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Combating Predatory Lending in California
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Qui Tam Litigation, A Primer for the General Litigator
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Recent Developments in False Claims and Healthcare Litigation
- False Claims Act Fundamentals
Bar Admissions
- California, 1992
- U.S. Supreme Court, 2001
- U.S. District Court Central District of California, 1993
- U.S. District Court Eastern District of California, 1992
- U.S. District Court Northern District of California, 1992
- U.S. District Court Southern District of California, 1993
- U.S. District Court Western District of California
- U.S. Court of Appeals 9th Circuit, 1992
- U.S. Court of Appeals 7th Circuit, 2006
Other Affiliations
- American Board of Trial Advocates
- Consumer Attorneys of California, Member and President, 2012, 2012 (President)
- Open Courts Coalition (Co-Chair)
- Board of Directors of Community Gatepath (Past Chairman)
- American Bar Association
- International Society of Barristers
- Litigation Counsel of America
- National Association of Consumer Advocates
- San Mateo County Bar Association
- San Mateo Trial Lawyers
- San Francisco County Bar Association
- San Francisco Trial Lawyers
- American Board of Trial Advocates, San Francisco Chapter (President, 2022)
- International Academy of Trial Lawyers
- American College of Trial Lawyers
- San Mateo County Trial Lawyers
Photo
Contact
San Francisco Airport Office Center
840 Malcolm Road
Suite 200
Burlingame, CA 94010
Phone: (866) 553-9736
Fax: (650) 697-0577
Email: Send a message
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