Mark C. Molumphy, a partner at Cotchett, Pitre & McCarthy, LLP, is a native of the Bay Area, born in San Mateo, California.
Mark joined CPM in 1993, practicing civil litigation with an emphasis on complex business disputes, securities, antitrust, insurance bad faith, and products liability.
Mark was presented 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. Mark was also a finalist for the Consumer Attorneys of California Attorney of the Year award in 2014, based on his work as lead counsel for a nationwide class of investors in Medical Capital, which operated a massive Ponzi scheme. Mark helped to secure over $173 million in settlements, the largest Ponzi scheme recovery in California history. Mark has consistently been selected as one of the Top 100 lawyers in Northern California by Super Lawyers.
Mark has extensive experience as lead counsel in major consumer and investor fraud class and derivative actions, and currently serves a lead or co-lead counsel in the In re Apple Inc. Device Performance Litigation (iPhone throttling), In re Facebook Inc. Shareholder Derivative Privacy Litigation (Cambridge Analytica data breach), and In re Wells Fargo & Co. Derivative Litigation (fictitious accounts and sales practices). Mark also currently serves as counsel for investors of BP, relating to losses suffered from the Gulf of Mexico disaster. He previously served as lead counsel in the Medical Capital class action, resulting in one of the largest Ponzi scheme settlements in United States history, as well as other mega-class actions, 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, Informix, and Central Bank. Mark also negotiated multi-million dollar settlements on behalf of former shareholders of Bay Meadows Race Track and mutual fund shareholders of Janus. Mark served as lead counsel in the Freddie Mac preferred shareholder securities litigation, following the government’s historic takeover in 2008, and represented numerous cities and counties in California related to their investment losses in Lehman Brothers, Washington Mutual and AIG, amongst others.
Mark also served as lead counsel in several groundbreaking derivative actions, including: Oracle, where he successfully urged the federal court to invalidate a forum selection clause inserted into corporate bylaws without shareholder approval--an issue of first impression; PG&E, arising from the San Bruno gas line explosion and resulting in one of the largest cash and governance reform settlements in California history; and HP, relating to its acquisition of Autonomy. His work has resulted in the recovery of hundreds of millions of dollars and the implementation of novel governance reforms for the companies and their shareholders.
Mark is active in pro bono work and community affairs. He served on the Board of Directors and currently serves as a volunteer for the Legal Aid Society of San Mateo County, which provides free legal services to low-income children, families and seniors. He also has been appointed counsel by the Federal Court as part of the court's pro bono program. Mark also serves on the Board of Bay Scholars, which provides financial and personal support to low-income Bay Area students, access to private college prep education, and assistance in enrolling in college.
In September 2007, Mark and CPM were honored with the "Angel Award" by the Parca Auxillary, a private nonprofit organization that serves people with developmental disabilities and their families in the Bay Area. See Parca Auxiliary Press Release PDF.
Mark is also very active in local county and federal bar associations. He was selected by the San Mateo County Superior Court to serve on Court’s complex court committee which helped open a new complex courthouse and draft initial rules and forms used in the County’s complex department. He is also a lifetime member of the San Mateo County Bar Association and past President of both the County Bar’s Barrister’s Committee and Business Litigation Committee. He is currently on the Board of Governors of the Association of Business Trial Lawyers. He is also an active member of the Northern District of California’s Chapter of the Federal Bar Association, and the national association’s Access to Justice Task Force, which endeavors to ensure equal and fair access to the legal system.
Mark is a frequent speaker on complex litigation and co-authored "Punitive Damages: How Much Is Enough?" Civil Litigation Reporter, CEB, 1998. He also has appeared as a panelist on programs, including "Strategic Tips For Successfully Propounding and Opposing Written Discover," "Punitive Damages: Maximizing your Client's Success or Minimizing Your Client's Exposure," "Developments in Class Action Litigation," and "FDA 2009 - Key Issues Facing Life Sciences Companies."
- Judge Preliminarily Approves Historic Payment of Up to 500 Million Dollars For Apple iPhone Consumers Impacted By Software Slowdowns2020
- The Wall Street Journal, 2020
- SF Chronicle, 2020
- Judge Appoints Joe Cotchett and Laurence King as Co-Lead Counsel in the Apple Device Battery Throttling Case05.15.2018
- San Francisco Chronicle, 2018
- Shareholder Lawsuit Filed Against Facebook Directors Following Massive Data Breach Impacting 50 Million Facebook Users03.22.2018
- Shareholders File Opposition To Wells Fargo Motion Regarding Illegal Sales Practices, Ask For Case To Move Forward On Its Merits04.26.2017
- Shareholder Lawsuit Filed After Yahoo Senior Executives Fail To Disclose Russian Hacks Of Customer Accounts03.16.2017
- San Mateo Daily Journal, 09.24.2016
- Lawsuit Filed Against Wells Fargo Executives And Board Members For Creation Of Over 2 Million Phony Accounts Which Defrauded Consumers09.22.2016
- San Jose Mercury News, 2016
- NBC Bay Area, 2016
- CBS SF Bay Area, 09.22.2016
- San Francisco Chronicle, 03.16.2015
- The Recorder, 10.17.2014
- CPM Files Complaint on Behalf of PG&E Against Its Officers and Directors for Breach of Their Fiduciary Duties09.23.2013
- Court Certifies Class Consisting Of All Lowe’s Installers In California Who Were Misclassified As Independent Contractors As Opposed To Employees08.19.2013
- Civil Litigation Reporter., Volume 20, Number 1 (Feb. 1998)
- Defrauded Investors May Lose Their Right to Recovery: Trump Administration Pushes for Regulatory Changes that Would Allow Companies to Avoid Securities Class Actions Through the Use of Mandatory Arbitration AgreementsAdvocates for Justice, 07.16.2018
- Advocates for Justice, 03.26.2018
Honors & Awards
Honors & Recognitions
Community Service Award by the Jack Berman Advocacy Center of the American Jewish Congress for work on the landmark 101 California Shooting Litigation (1996)
Parca’s Angel Award (2008)
Top 100 Northern California Super Lawyers (2015, 2016, 2017, 2018, 2019)
Consumer Attorneys of California Attorney of the Year Finalist (2014)
Irish Legal 100
American Bar Association
State Bar of California
Association of Business Trial Lawyers
Association of Trial Lawyers of America
University of San Francisco Inns of Court
San Mateo County Bar Association
Court Appointed Arbitrator for the County of San Mateo
Legal Aid Society of San Mateo County
Federal Bar Association
Legal Aid Society of San Mateo County, Board of Directors and Volunteer
University of California, Berkeley, B.S. (1989)
International Relations & Economic Studies, Edinburgh University, Edinburgh, Scotland
University of San Francisco, School of Law, J.D. (1993)
- California Supreme Court
- United States Supreme Court
- Ninth Circuit Court of Appeals
- Northern, Eastern, Central and Southern Districts of California