Attorneys > Nancy L. Fineman
Nancy Leavitt Fineman, a principal at Cotchett, Pitre & McCarthy, was born in San Francisco and raised in the East Bay. She received her undergraduate degree from the University of California, Berkeley in 1981 and her J.D. at Boalt Hall School of Law in 1986.
She joined Cotchett, Pitre & McCarthy in 1989, after practicing with a San Francisco firm and working as a Research Attorney for the San Mateo County Superior Court. At Cotchett, Pitre & McCarthy, her practice currently emphasizes complex business litigation, employment litigation, securities cases, antitrust and intellectual property. She is currently a member of the Cotchett, Pitre & McCarthy team representing victims of the Bernie Madoff Ponzi Scheme. She and partner, Joseph W. Cotchett, were the first lawyers to interview Bernie Madoff in prison. She also currently represents the Liquidating Trustee of Humboldt Creamery in litigation against certain of Humboldt Creamery’s officers and its outside accountant for financial fraud. Her cases also include FINRA arbitrations on behalf of investors, representing the bankruptcy trustee in litigation involving the collapse of the Montana Power Company, and representing CalSTRS and other investors in Homestore.com. She represented public and private entities pursuing litigation against natural gas companies for manipulation of retail natural gas prices in California and individuals who invested in tax strategies now called tax shelters by the IRS. She has successfully challenged certain provisions in arbitration agreements so that the arbitration provisions are more favorable to individuals.
Although most of her cases involve the representation of plaintiffs, she does defense work, having defended Fisher Investments, All Davis of the Oakland Raiders, Charles Schwab Co., E. & J. Gallo Winery and others. She also has represented many pro bono clients.
She has substantial trial and arbitration experience in the areas of professional negligence, personal injury, employment, business matters and trade dress infringement.
Ms. Fineman also has an active appellate practice. Some of her reported decisions include: Simpson v. AOL Time Warner Inc. (9th Cir. 2006) 452 F.3d 1040) vacated by (9th Cir. 2008) 519 F.3d 1041; Fazio v. City & County of San Francisco (9th Cir. 1997) 125 F.3d 1328; Baker v. BDO Siedman, L.L.P, (N.D. Cal. 2005) 390 F.Supp.2d 919; Bily v. Arthur Young (1992) 4 Cal.4th 370; Regents of the Univ. of California v. Superior Court (2008) 165 Cal. App. 4th 672; Centerpoint Energy Inc. v. Superior Court (2007) 157 Cal. App. 4th 1101; Aquila Inc. v. Superior Court (2007) 148 Cal. App. 4th 556; City of Santa Cruz v. PG&E (2000) 82 Cal.App.4th 1167; Holmes v. Lerner (1999) 74 Cal.App.4th 442; County of Alameda v. PG&E (1997) 51 Cal.App.4th 1691 Balthazar v. Verizon Haw. Inc., Supreme Court of Hawaii, 109 Haw. 69; 123 P.3d 194 (2005). She also has been the appellate attorney in many unpublished decisions.
She has lectured and written extensively. In December 2009, she was interviewed by the National Association of Corporate Directors, Silicon Valley Chapter about preventing financial fraud. From 2001-2009, she was an annual speaker for the CEB Torts Practice: Recent Developments. She is a regular speaker to lawyers and paralegals on trial preparation and trial. She has addressed the Annual State Bar Convention, the State Bar's Labor and Employment Section, the California Trial Lawyers' Association, the San Mateo County Bar Association, the San Mateo County Women Lawyers, Boalt Hall and other groups. She has been a contributing author to Mathew Bender; a co-author with Joseph W. Cotchett of "Developing Damage Theories in Commercial Class Actions for the National College of Advocacy," and a co-author with Cotchett of "Enron, Arthur Anderson and Wall Street, Slain by Trial Lawyers" for ATLA.
Ms. Fineman serves as a Judge Pro Tem for San Mateo County Superior Court. She currently is a member of the Board of Directors of the San Mateo County Bar Association, the Boalt Hall School of Law Alumni Association, and the Multi-Option ADR Project for San Mateo County. She is past President and a current board member of the San Mateo County Women Lawyers Section Educational Foundation. She has served as the Chair of the San Mateo County Bar Association Professional Equality Committee, a member of the California State Bar Judicial Nominees Evaluation Commission, the San Mateo Women Lawyers' Board, the 20th Year Reunion Committee for Boalt Hall and other boards and commissions.
Ms. Fineman and her husband, Ed, are very active in community affairs. She served as past president and current Council member of The Christian Action Life Line ("CALL") Primrose Center, a Burlingame food bank and emergency referral facility. She is an Honorary Member of the Contra Costa Civic Theatre’s 50 Year Reunion Committee. She also is involved in her children's school through serving in a number of positions including Co-Chair of the Jewish Community High School Annual Fund.
Related Video:
NACD, Silicon Valley Chapter, interviews Fineman about the Bernie Madoff fraud.