Nimish R. Desai is a partner specializing in False Claims Act, class action, and environmental torts cases, and has helped secure over a billion dollar in settlements through his cases. He has been recognized as a Super Lawyer each year from 2013-2023 and has been repeatedly named to The Best Lawyers in America list in the field of Qui Tam Law.

Nimish is a leading False Claims Act lawyer. He regularly presents to national conferences on FCA topics, and has long served in leadership roles in The Anti-Fraud Coalition, the preeminent national whistleblower law organization. Nimish’s successes have come in both under seal settlements and in cases with extensive litigation, with and without the government’s involvement. Notable False Claims Act representation include:

• U.S. ex rel. Barrett v. Allergan – led the litigation involving Allergan’s alleged inaccurate reporting of the price of Botox to the Medicare program. After the government declined, Nimish prosecuted the case and secured a confidential, favorable settlement in 2022, and a reported decision awarding attorneys’ fees and costs.
• U.S. ex rel. [under seal] v. Gold Coast Health Plan – $71 million settlement in a case alleging that a health plan and prominent hospitals defrauded the California and the United States of Medicaid funds by allegedly misrepresenting the plans’ medical loss ratio (MLR).
• U.S. ex rel. Rockville v. Sutter Health – $46 million settlement alleging fraudulent charges by Sutter Health hospitals. Nimish and Lieff Cabraser lawyers litigated the case for three years before reaching a settlement, and were deputized by the California Department of Insurance to serve as lead trial counsel.
• U.S. ex rel. Dye v. ATK – $37 million settlement alleging sale of defective products to the United States military. Nimish and Lieff Cabraser lawyers litigated alongside the Department of Justice for many years before reaching the settlement.
• San Francisco ex rel. Schneider v. AT&T Corp., et al. – currently leading the litigation against major telecommunications companies for underreporting and underpaying telecom fees owed to the City and County of San Francisco.
• Various Under Seal Matters – Nimish currently represents whistleblowers in numerous health care and defense procurement matters that are under seal in federal courts throughout the country.

With his chemical engineering background, Nimish also works on the firm’s environmental and class action practices, often handling highly technical expert issues.

• Santa Barbara Oil Spill –$230 million settlement in 2022 with Plains All American Pipeline. Nimish led the effort to demonstrate the company’s negligent maintenance of the pipeline, and to challenge the company’s estimate of the spill volume.
• Takata Airbag Litigation – $1+ billion in settlements to date.
• BP Solar Panel Defects – $67 million settlement
• TVA Coal Ash Spill – $28 million settlement
• Bextra-Celebrex MDL – $900 million settlement.

Long form bio (click to open pdf).