Joseph W. Cotchett Jr.

Cotchett had two chief concerns in early August 2021: a new angle of attack in the litigation arising from the opioid crisis and the other stems from his role as a Democratic Party player who recommends candidates for politicians to nominate to the judiciary.

“We’re trying to get the White House to move faster on judges,” Cotchett said. “We know Biden has his hands full. It’s been brutal. But I’m shocked and amazed that his advisors aren’t getting names out there. The third branch of government rules on what the others do. The Trumpites of the world are delighted that Biden has been so slow, because if the mid-terms go south, Congress will be able to hold up appointments.”

Cotchett endorsed a June letter by 38 California House Democrats urging Biden to move quickly to fill vacancies on the 9th U.S. Circuit Court of Appeals and on the state’s four federal judicial districts, where there are 17 open slots. “That’s an astronomical number,” he said, that leads to litigation slowdowns.

Meanwhile, On Aug. 3 he filed a new suit on behalf of San Mateo County targeting consulting firm McKinsey & Co. Inc., a marketing advisor for Purdue Pharma LP. “Part of McKinsey’s work involved assessing the ‘underlying drivers’ of OxyContin’s (financial) performance,” the complaint states, adding that the drivers included “a widespread deceptive marketing campaign” and “fueling an illicit market for non-medical use.”

McKinsey’s relationship with Purdue dates back to at least 2004, “but the company kept this partnership successfully under wraps for well over a decade,” the complaint says. After Purdue got caught and pleaded guilty in 2007 to illegally marketing and promoting Oxycontin to prescribers and consumers, “McKinsey and Purdue devised ways to counter ‘emotional messages from mothers with teenagers that overdosed on Oxycontin,’ including devising strategies for misinformation.” County of San Mateo, California v. McKinsey & Co. Inc., 3:21-cv-06009 (N.D. Cal., filed Aug. 3, 2021).

The complaint alleges fraud, negligence, civil conspiracy, public nuisance and violations of California’s Unfair Competition Law.

Cotchett also is proceeding with the claims he filed in May against Google LLC for allegedly violating users’ privacy rights by secretly collecting and selling their personal information. The complaint, signed by Cotchett’s partner Nanci E. Nishimura, contends that Google falsely promises it doesn’t sell customers’ data. Delahunty v. Google LLC, 5:21-cv-03360 (N.D. Cal., filed May 5, 2021).

That complaint cites investigations by Congress plus European Union and United Kingdom regulators. “This is going to be a knock-down, drag-out issue,” Cotchett said.

- John Roemer