Cozen O’Connor: Nash, Bernard

Bernard Nash

Co-Chair, State Attorneys General

Washington, D.C.

(202) 471-3406

(202) 861-1905

Recent Publication:

Potential Zoom Vulnerability | Unemployment Benefits for Gig Workers | Postponed Regulatory Reporting for Financial Institutions [The State AG Report Blog]

COVID-19 Attorneys General Move to Limit Debt Collection in Response to COVID-19 Pandemic AGs across the country are taking action to limit or cease debt collection during the COVID-19 pandemic. Massachusetts AG Maura Healey issued emergency regulations placing new limits on debt collection...

Bernard Nash is co-chair of Cozen O’Connor’s State Attorneys General (AG) Practice, where he represents clients in complex state and federal legal matters. Under Bernie’s leadership, the State AG Practice has become the country’s largest and premier practice devoted to resolving State AG disputes.

Bernie’s work typically involves cases of first impression, matters having public policy implications and/or a governmental interest, and complex litigation. He routinely counsels major private sector clients on a wide range of matters involving state attorneys general and also has represented states in significant policy disputes against other states and the federal government. Representing a variety of Fortune 100 companies in industries such as financial services, telecommunications, technology and software, retail, energy, automotive, pharmaceuticals, and agriculture, Bernie advises clients in navigating and successfully managing AG scrutiny and oversight in investigations, settlements, and litigation. Bernie is the co-editor of Cozen O’Connor’s State AG Report blog, the go-to resource for issues relating to AGs.

Chambers USA: America’s Leading Lawyers for Business has ranked Bernie in its top-tier bands since 2011 and described him as “the leading practitioner in the country” who has “cornered the market” in representing clients before state attorneys general. The 2016 and 2017 Chambers USA editions noted that Bernie is “the dean of the state attorney general world” and “receives acclaim for his legislative and litigation practice, handling state Attorney General focused public policy and government interest matters. During his tenure, he has acted on an extensive array of Attorney General investigations and litigation matters across the USA, and offers an unparalleled depth of expertise in this area.”

Throughout the course of his career in chairing a state AG practice, Bernie has litigated or favorably settled multiple billion dollar cases and other high-stakes matters involving all 50 states; successfully shepherded multibillion-dollar mergers through the state AG approval process; litigated multiple first amendment cases; and argued before the U.S. Supreme Court.  

Bernie’s legislative practice has included conceptualization and responsibility for enactment of the Patent Term Restoration Act; legislation authorizing Medicare to pay for the pneumococcal vaccine; federal childhood lead poisoning legislation; the Foreign Patent Licensing Act; the Federal Patent Policy legislation; transgenic farm animal patent issues; a Subchapter M tax issue for a mutual fund; federal escheat legislation for 31 states; preemption of local sales taxes; and federal boxing legislation.

As a former trial attorney and special counsel for the U.S. Securities and Exchange Commission as well as counsel to the U.S. Senate Subcommittee on Antitrust and Monopoly, Bernie’s government experience provides an additional valuable perspective to his current client work. As counsel to the Senate Subcommittee on Antitrust and Monopoly from 1971 to 1977, Bernie was responsible for drafting the Hart-Scott-Rodino Antitrust Act of 1976 and developing and executing the legislative strategy that overcame two filibusters prior to its enactment. Bernie was credited with “mastermind[ing] the strategic efforts while at the same time providing the technical and parliamentary expertise required for passage of” the Hart-Scott-Rodino Antitrust Improvements Act, Pub. L. No. 94-435 (1976) (The National Journal, Sept. 25, 1976).

In 2018, Brooklyn Law School presented its first Lifetime Achievement Award to Bernie Nash, in recognition of Bernie’s pioneering antitrust work and development of the first and most renowned state attorneys general practice.

His previous private practice career includes founding partner of Nash, Railsback & Plesser (1977-1988); and a partner at Dickstein Shapiro LLP (1988-2015).

While in law school, Bernie served as associate editor of the Brooklyn Law Review.

Experience

News

Big Tech Antitrust Probes to Stretch States’ Limits

November 06, 2019

Bernard Nash and Lori Kalani were quoted in Bloomberg Law, discussing the strain that antitrust probes of Alphabet, Inc.’s Google and of Facebook, Inc. may place on the budgets of state Attorneys General already handling resource-intensive investigations and suits relating to opioids and drug-price fixing.

Exxon’s Climate-Change Accounting Goes on Trial

October 21, 2019

Bernie Nash, co-chair of the firm’s State Attorneys General Practice, is quoted in a Wall Street Journal article describing the upcoming courtroom showdown between Exxon Mobil Corp. and New York’s Attorney General over how the oil industry accounts for the impact of climate change.

138 Cozen O’Connor Attorneys Named to the Best Lawyers in America

August 28, 2019

Best Lawyers selected 138 Cozen O’Connor lawyers from 21 of the firm’s national offices for inclusion in the 2020 edition of The Best Lawyers in America.

State Attorneys General Joined in 9 Legal Causes in May—Likely a Record Number

June 03, 2019

Bernie Nash discussed with Corporate Counsel the legal causes that state attorneys general pushed during the month of May.

57 Cozen O’Connor Lawyers, 16 Practices Earn Top Recognition in Chambers USA 2019 Guide

April 25, 2019

Chambers USA, the leading annual guide to the top lawyers and law firms in the USA, has ranked 57 Cozen O’Connor lawyers as leaders in their respective fields in the Guide’s 2019 edition.

Experts Predict 2019 Will Be Most Aggressive Year Yet for State Attorney General Litigation

February 08, 2019

Bernie Nash and Lori Kalani discussed with Corporate Counsel which sectors may see more aggressive scrutiny from state attorneys general in 2019, the kinds of actions corporations can expect to see, and how to be prepared.

126 Cozen O’Connor Attorneys Named to the Best Lawyers in America

August 22, 2018

One hundred twenty-six Cozen O’Connor lawyers from 20 of the firm’s national offices have been selected for inclusion in the 2018 edition of The Best Lawyers in America.

The ‘people’s lawyers’ v. the POTUS

May 02, 2018

Bernard Nash and Lori Kalani, co-chairs of Cozen O’Connor’s State Attorneys General practice, were quoted in the Chicago Daily Law Bulletin regarding the trend of state AGs bringing lawsuits against the federal government, from the Reagan administration to the present.

State Attorneys General Group Launches Election Tracker Covering All Primary and General State AG Races

February 13, 2018

Thirty states plus the District of Columbia will hold elections for State AG this year, including at least ten open-seat races. AGs appointed by governors or legislatures may change in an additional five states in 2018.

State AG Practice Opens Virginia Office

January 03, 2018

The Virginia team will be headed by Jerry W. Kilgore, a member of Cozen O’Connor’s State AG practice and former Virginia State Attorney General. Cozen O’Connor’s State AG group is one of the largest and oldest state AG practices in the nation, with a focus on AG-facing investigations, litigation, outreach, and policy.

A.G. and Antitrust Law Pioneer: Bernie Nash '66

November 09, 2017

Bernie Nash, co-chair of Cozen O'Connor's State Attorneys General practice, was featured in Brooklyn Law School's alumni notes.

100 Cozen O’Connor Lawyers Named to the Best Lawyers in America

August 23, 2017

Lawyers were selected for inclusion in the 2018 edition based on a rigorous peer-review that has been developed and defined for more than 30 years.

How Law Firms Can Prepare For More State AG Actions

June 29, 2017

Bernie Nash and Lori Kalani, both members of Cozen O'Connor's State Attorneys General practice, discuss how law firms can prepare for more State AG actions in Law360.

Cozen O’Connor Earns Client Recognition in 2017 Chambers USA Rankings

May 26, 2017

Chambers USA recognized 47 Cozen O’Connor lawyers as leaders in their respective fields; 14 attorneys were recognized nationally and 11 were ranked in the top band.

Cozen O’Connor’s State Attorneys General Practice to Be Honored for Excellence in Legal Coverage of State AG Issues

May 22, 2017

Cozen O’Connor’s State Attorneys General practice group has received the Burton Award’s first “Blog of the Year Award in Law.” The national awards program is held in association with the Library of Congress and co-sponsored by the American Bar Association.

Sixty-Two Cozen O’Connor Lawyers Named to the Best Lawyers in America

August 15, 2016

Sixty-two Cozen O’Connor lawyers from 13 of the firm’s national offices have been selected for inclusion in the 2017 edition of The Best Lawyers in America.

Cozen O’Connor Earns Client Recognition in 2016 Chambers USA Rankings

May 27, 2016

Chambers USA recognized 41 Cozen O’Connor lawyers as leaders in their respective fields; 12 attorneys were recognized nationally and 11 were ranked in the top band.

Fifty-Two Cozen O’Connor Lawyers Named to the Best Lawyers in America

August 17, 2015

The current edition is based on more than five million detailed evaluations by the top lawyers of the country. This list will be included in dozens of city and regional publications in the United States including The Wall Street Journal, The New York Times, and The Washington Post.

Cozen O’Connor Earns Client Recognition in 2015 Chambers USA Rankings

July 06, 2015

Chambers USA recognized 37 Cozen O’Connor lawyers as leaders in their respective fields; 12 attorneys were recognized nationally and 10 were ranked in the top band.

Cozen O’Connor Launches New State Attorneys General Practice with Addition of Nationally Acclaimed State AG Practice

May 05, 2015

On the heels of its recent announcement of the addition of 60 lawyers in Chicago, Cozen O’Connor is proud to announce the addition of ten attorneys and government professionals and the formation of the firm’s State Attorneys General Practice.

Publications

Potential Zoom Vulnerability | Unemployment Benefits for Gig Workers | Postponed Regulatory Reporting for Financial Institutions [The State AG Report Blog]

April 02, 2020

COVID-19 Attorneys General Move to Limit Debt Collection in Response to COVID-19 Pandemic AGs across the country are taking action to limit or cease debt collection during the COVID-19 pandemic. Massachusetts AG Maura Healey issued emergency regulations placing new limits on debt collection...

COVID-19-Related Price Gouging | COVID-19-Related Fake Medicines | COVID-19-Related Antitrust Review Speed-Up [The State AG Report Blog]

March 26, 2020

COVID-19 Attorneys General Step Up Enforcement Efforts Against Price Gouging AGs across the country are taking steps to protect the public from price gouging by sellers capitalizing on the COVID-19 pandemic. California AG Xavier Becerra sent letters to multiple online commerce platforms,...

NY State Debt Collection Suspended | Anti-Gouging Enforcement | AGs: Who’s an “Accredited Investor”? [The State AG Report Blog]

March 19, 2020

Breaking News Despite COVID-19, the State AG Report Stays on the Beat In these unprecedented times, the Cozen O’Connor State AG Group is committed to continuing to bring you important AG news stories and keeping you informed on current AG concerns, including new and ongoing efforts to combat...

AGs and COVID-19 | Face-Mapping | 3D Printed Guns [The State AG Report Blog]

March 12, 2020

Breaking News Attorneys General on the Front Line Against Coronavirus-Related Scams Christopher Allen, a Member of Cozen O’Connor’s State Attorneys General Practice, penned a brief summary about the efforts of AGs to protect the public from scams, abuse, and fraud perpetrated by bad actors...

Attorneys General Convince Burger King, Popeyes, and Tim Hortons to Discard “No-Poaching” Provisions from Their Franchising Contracts [The State AG Report Blog]

March 05, 2020

Labor & Employment Attorneys General Convince Burger King, Popeyes, and Tim Hortons to Discard “No-Poaching” Provisions from Their Franchise Agreements 14 Democratic AGs, led by Massachusetts AG Maura Healey, reached a settlement with fast food franchisors Burger King Corporation, Popeyes...

Vacationers Beware: Timeshare Exit Companies May Be Scammers, not Saviors [The State AG Report Blog]

February 27, 2020

Consumer Protection Vacationers Beware: Timeshare Exit Companies May Be Scammers, not Saviors Two AGs took aim at timeshare exit companies recently over allegations of deceptive business practices relating to purported offers to assist consumers with ending their timeshare contracts. Missouri...

Wendy’s: All the Goodness, But Hold the Alleged Child Labor Violations [The State AG Report Blog]

February 20, 2020

Labor & Employment Wendy’s: All the Goodness, But Hold the Alleged Child Labor Violations Massachusetts AG Maura Healey reached a settlement with fast food restaurant chain Wendy’s International LLC (“Wendy’s”) to resolve allegations that Wendy’s labor practices violated Massachusetts...

Who Controls When State and Federal Regulators Disagree on Whether a Chemical Is a Carcinogen? [The State AG Report Blog]

February 13, 2020

Environment Who Controls When State and Federal Regulators Disagree on Whether a Chemical Is a Carcinogen? California AG Xavier Becerra filed an amicus brief in the California Court of Appeal in support of the plaintiff’s position in Johnson v. Monsanto Co., Nos. A155940 & A156706, arguing...

Bank in CFPB Crosshairs for Allegedly Failing to Properly Manage and Respond to Customer Credit Card Disputes [The State AG Report Blog]

February 06, 2020

Cozen in the News Cozen O’Connor’s State Attorneys General Practice Discusses Current Trends in AG Enforcement Priorities and Activism Christopher Allen, Ann-Marie Luciano, and Bryan Mosca of Cozen O’Connor’s State Attorneys General Practice published an article in Bloomberg Law in which they...

Massachusetts Attorney General Alleges Chipotle Served Up a Side Order of Wage and Hour Violations, Reaches $2 Million Settlement [The State AG Report Blog]

January 30, 2020

Labor & Employment Massachusetts Attorney General Alleges Chipotle Served Up a Side Order of Wage and Hour Violations, Reaches $2 Million Settlement Massachusetts AG Maura Healey reached a settlement with casual dining restaurant chain Chipotle Mexican Grill, Inc. (“Chipotle”) to resolve...

Payment Processor Caught in the Web of Allegedly Illegal “Free Trial” Scheme [The State AG Report Blog]

January 23, 2020

Consumer Protection Payment Processor Caught in the Web of Allegedly Illegal “Free Trial” Scheme The FTC reached a settlement with overseas payment processor SIA Transact Pro and its former Chief Executive Officer (collectively “SIA”) to settle allegations that it enabled U.S.-based defendants...

23 Attorneys General Band Together to Make PayPal’s Charitable Donations Platform More Transparent [The State AG Report Blog]

January 17, 2020

Charities 23 Attorneys General Band Together to Make PayPal’s Charitable Donations Platform More Transparent A bipartisan coalition of 23 AGs, led by Connecticut AG William Tong and Nebraska AG Doug Peterson, reached a settlement with PayPal Charitable Giving Fund, Inc. (“PPGF”), the...

District of Columbia Attorney General Hits Two Employers for $500,000 over Alleged Wage Theft [The State AG Report Blog]

January 09, 2020

Cozen in the News Cozen O’Connor’s State Attorneys General Group Identifies Current Best Practices for Data Security According to FTC and State Attorneys General Ann-Marie Luciano and Jawaria Gilani published an article in the January 8, 2020 edition of Cybersecurity Law Report that analyzes...

Whistleblower Leads to Shutdown of Infosys’ Alleged System for Avoiding California Taxes [The State AG Report Blog]

December 19, 2019

Labor & Employment Whistleblower Leads to Shutdown of Infosys’ Alleged System for Avoiding California Taxes California AG Xavier Becerra reached a settlement with India-based business consulting and outsourcing services company Infosys Limited and its subsidiary to resolve allegations...

University of Phoenix’s Wings Clipped with $191 Million Settlement over Allegedly Deceptive Marketing [The State AG Report Blog]

December 12, 2019

For-Profit Colleges University of Phoenix’s Wings Clipped with $191 Million Settlement Over Allegedly Deceptive Marketing The Federal Trade Commission (“FTC”) reached a settlement with the University of Phoenix and its parent company, Apollo Education Group (collectively, “Phoenix”), to...

When “Free” Trials Come With Strings Attached: Attorneys General Ask FTC to Look Into Deceptive Negative Option Marketing [The State AG Report Blog]

December 05, 2019

Consumer Protection When “Free” Trials Come With Strings Attached: Attorneys General Ask FTC to Look Into Deceptive Negative Option Marketing Twenty-three AGs, led by New York AG Letitia James and Pennsylvania AG Josh Shapiro, submitted comments in response to an Advance Notice of Proposed...

New York AG Takes Up Whistleblower’s Allegation that All May Not Be Picture-Perfect with B&H Foto & Electronics [The State AG Report Blog]

November 21, 2019

False Claims Act New York AG Takes Up Whistleblower’s Allegation that All May Not Be Picture-Perfect with B&H Foto & Electronics New York AG Letitia James sued photo and video equipment retailer B&H Foto & Electronics Corp. (“B&H”) for allegedly knowingly failing to pay...

How Did A Hacker Allegedly Access A Million Customers’ Personal Data? Let the FTC Count the Ways. [The State AG Report Blog]

November 14, 2019

Data Privacy & Security How Did A Hacker Allegedly Access A Million Customers’ Personal Data? Let the FTC Count the Ways. The FTC has reached a settlement with technology company InfoTrax Systems, L.C. and its CEO (collectively, “InfoTrax”), resolving allegations that InfoTrax failed to...

The State AG Report Weekly Update November 7, 2019 [The State AG Report Blog]

November 07, 2019

Cozen in The News Cozen O’Connor’s State Attorneys General Practice Co-Chairs Quoted in Article on Resources Spent on Big Tech Antitrust Probes by State Attorneys General Bernie Nash and Lori Kalani, Co-Chairs of Cozen O’Connor’s State Attorneys General Practice, are quoted in a Bloomberg Law...

The State AG Report Weekly Update October 31, 2019 [The State AG Report Blog]

October 31, 2019

Data Privacy & Security FTC Staff Comments on NIST’s Proposed Privacy Framework Federal Trade Commission (“FTC”) staff submitted a comment on the preliminary draft of the National Institute of Standards and Technology’s (“NIST”) Privacy Framework: A Tool for Improving Privacy through...

2016 Presidential Prognostications & Insights: The Democratic Race Winds Down

May 24, 2016

Mark, Howard and Blake discuss the state of the Democratic race. Also, Bernie Nash and Lori Kalani, co-chairs of Cozen O'Connor's State AG practice, discuss the State AG races.

Recent Developments in State Attorneys General Enforcement [The Urban Lawyer]

June 10, 2015

Bernard Nash, Ann-Marie Luciano and Bryan Mosca discuss new investigatory and policy activity among state attorneys general.

2017 Guide to State Attorneys General [Map]

May 05, 2015

The guide includes information on attorney generals in all 50 states, the District of Columbia, Commonwealth, and Territories of the United States, including a photos, year first elected or appointed, political party affiliation, leadership positions and brief background summaries.

Events & Seminars

Past Events

Cybersecurity Workshop

September 27, 2017 - Tampa, FL

Education

  • Brooklyn Law School, J.D., cum laude, 1966
  • City College of New York, B.B.A., 1963

Awards & Honors

Brooklyn Law School Lifetime Achievement Award, 2018

Chambers & Partners USA 2007-2018

Best Lawyers in America 2007-2019

State AG Report named “Blog of the Year in Law” by the Burton Awards, 2017

  • Maryland
  • New York
  • District of Columbia