Nanci E. Nishimura

Nishimura, a Cotchett, Pitre & McCarthy partner, handles complex civil litigation focused on antitrust and business cases and community-based pro bono work. With an easily-accessible law firm building available—it’s owned by founding partner Joseph W. Cotchett—she said that in her case, working remotely hasn’t been necessary.

“I go to the office every day, and it’s been non-stop work since the virus arrived. With covid, people need help. A lot of our people don’t come in, leaving a lot more space here. Our corgi, Buster, can come too now and he loves it. We sent everybody home on the day of the shutdown. We modified the office with partitions and established deep cleaning every weekend. We all wear masks and take our temperatures. I believe part of this is psychologically and emotionally hard on some of us. Some are fearful to go out or to be in close contact, and we try to be supportive to all.”

In what she said has become almost a second job, Nishimura performs two major tasks for Governor Gavin Newsom’s office. He’s asked her to remain in her post on the Commission on Judicial Performance, where in March 2018 she was the first woman non-judge to be elected as chair. And Newsom appointed her late last year to the state’s Uniform Law Commission, where she serves on a committee exploring nationwide regulations on coercive labor practices.

As CJP chair she oversaw the high-profile misconduct case that ended in June with the removal from office of Justice Jeffrey W. Johnson of 2nd Appellate District. Nishimura signed the order describing Johnson’s “refusal to admit to serious misconduct, and his intoxication, coupled with his failure to be truthful during the proceedings,” after hearing evidence of his sexual misconduct with 17 women, including unwanted touching, disparagement, poor demeanor and undignified conduct.

Johnson is appealing his removal. “It was a heartbreaking case, because he had an impeccable pedigree, but he would not take responsibility and blamed others,” Nishimura said.

She is suing a cruise line on wrongful death and negligence claims for the spouse of a man who died of Covid-19 on board one of its ships. A major issue is whether the man contracted the virus within U.S. waters so that the restrictive Death on the High Seas Act does not apply. Wong v. Carnival Corp. & PLC, 2:20-cv-04727 (C.D. Cal., filed May 27, 2020).

And as insurers declined to pay post-virus business interruption claims, Nishimura sued on behalf of an iconic San Francisco restaurant. John’s Grill Inc. v. The Hartford Financial Services Group Inc., CGC-20-584184 (S.F. Super. Ct., filed April 15, 2020).

She successfully resisted the defendant’s effort to move the case to federal court; it remains in San Francisco. Nishimura had a meal there recently. “They’re serving outside on Ellis Street,” she said. “The service and food are wonderful. I had Crab Louie.”

— John Roemer