You Texted What? Admissibility of Text Messages at Trial

Donald J. Magilligan is a partner at Cotchett, Pitre & McCarthy based in the firm’s San Francisco Bay Area office. Magilligan specializes in complex litigation involving wildfires, wrongful death, and business fraud.

Magilligan has tried 48 jury trials. He developed his trial skills during a ten-year career as a prosecutor in Santa Clara County (2012–18) and Contra Costa County (2008–12). Magilligan was recognized for distinguished service by the Santa Clara District Attorney, San Jose Police Department Gang Intelligence Unit, and the San Jose Police Academy where he taught ethics, evidence, and search and seizure.

Magilligan received his J.D. from the University of San Francisco. While at U.S.F., he was a member of the Law Review, served on the Student Budget Committee, and received the CALI award for being the top student in Torts. Magilligan sat on the Faculty-Student Steering Committee at the Leo T. McCarthy Center for Public Service and the Common Good. During law school, Magilligan learned to try cases by watching experienced prosecutors at the United States Attorney’s Office, San Mateo District Attorney’s Office, and San Francisco District Attorney’s Office. Magilligan also clerked for the Honorable Maura Corrigan of the Michigan Supreme Court.

Nabilah Hossain is a Partner at Cotchett, Pitre & McCarthy LLP, specializing in complex civil litigation. Her representative work includes prosecuting claims against PG&E related to the Kincade and Dixie wildfires, as well as a derivative action on behalf of the Fire Victim Trust against former PG&E officers and directors. That litigation resulted in a recovery of $117 million for the Fire Victim Trust, in addition to cash and stock valued at $13.5 billion. Nabilah also represents consumers in class action matters against major corporations, including Tesla and insurance companies.

Before joining the firm, Nabilah served for eight years as an Assistant District Attorney at the New York County District Attorney’s Office, where she was a member of the Homicide and Sex Crimes Units. She developed extensive trial experience as a criminal prosecutor, trying 19 cases to verdict and handling prosecutions involving murder, sexually motivated assaults, conspiracy, fraud, identity theft, and other serious offenses. Nabilah earned her J.D. from Brooklyn Law School and her undergraduate degrees from New York University, and completed externships with the U.S. Attorney’s Office, the Kings County District Attorney’s Office, and the federal judiciary in the Eastern District of New York. She is a graduate of the American Association for Justice’s 2023 Leadership Academy, serves on the board of the San Mateo County Trial Lawyers Association, has been recognized as a Northern California “Rising Star” by Super Lawyers, and frequently lectures on trial advocacy, evidence, and trauma-informed interviewing.