Cozen O’Connor: Nash, Bernard

Bernard Nash

Co-Chair, State Attorneys General

Washington, D.C.

(202) 471-3406

(202) 861-1905

Recent Publication:

The State AG Report Weekly Update April 18, 2019 [The State AG Report Blog]

Consumer Protection California Attorney General Settles With Auto Rental Company for Allegedly Overcharging Consumers for Vehicle Repairs California AG Xavier Becerra reached a settlement with auto rental company Advantage Opco, LLC d/b/a Advantage Rent A Car and its affiliate E-Z Rent-A-Car...

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

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

The State AG Report Weekly Update April 18, 2019 [The State AG Report Blog]

April 18, 2019

Consumer Protection California Attorney General Settles With Auto Rental Company for Allegedly Overcharging Consumers for Vehicle Repairs California AG Xavier Becerra reached a settlement with auto rental company Advantage Opco, LLC d/b/a Advantage Rent A Car and its affiliate E-Z Rent-A-Car...

The State AG Report Weekly Update April 11, 2019 [The State AG Report Blog]

April 11, 2019

Cozen in the News Cozen O’Connor’s State Attorneys General Practice Provides Insight on 2019 AG Election Landscape State Attorneys General Practice Policy Adviser Kristina Howard and law clerk Emily Yu discuss the three state AG elections taking place in 2019. In the article, Howard and Yu...

The State AG Report Weekly Update April 4, 2019 [The State AG Report Blog]

April 04, 2019

Cannabis / Marijuana FTC and FDA Issue Warning Letters to Companies Advertising and Selling Cannabidiol Products The Federal Trade Commission (“FTC”) and the Food & Drug Administration (“FDA”) issued warning letters to three companies that advertise and sell products containing cannabidiol...

The State AG Report Weekly Update March 28, 2019 [The State AG Report Blog]

March 28, 2019

Cannabis/Marijuana South Dakota Attorney General Issues Clarifying Statement on Legality of Industrial Hemp and Cannabidiol Oil South Dakota AG Jason Ravnsborg issued a clarifying statement regarding the legality of industrial hemp and cannabidiol (“CBD”) oils after Congress passed the...

The State AG Report Weekly Update March 21, 2019 [The State AG Report Blog]

March 21, 2019

Consumer Financial Protection Bureau 25 Democratic Attorneys General Oppose CFPB Proposed Rule to Delay Compliance Date of Payday Lending Rule 25 Democratic AGs, led by North Carolina AG Josh Stein, submitted a comment to the Consumer Financial Protection Bureau (“CFPB”) in response to the...

The State AG Report Weekly Update March 14, 2019 [The State AG Report Blog]

March 14, 2019

2020 AG Elections Republican Jim O’Neill Announces Candidacy for North Carolina Attorney General Forsyth County District Attorney Jim O’Neill, a Republican, has declared his candidacy for North Carolina AG in 2020. O’Neill, who is currently serving his fourth term as Forsyth County DA, is...

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

March 07, 2019

2019 AG Elections Republican Andy Taggart Announces Bid for Mississippi Attorney General Andy Taggart, a Republican, announced his candidacy for Mississippi AG in 2019. Taggart is an attorney and author who previously served as chief of staff to former Governor Kirk Fordice, executive...

The State AG Report Weekly Update February 28, 2019 [The State AG Report Blog]

February 28, 2019

2020 AG Elections Republican Jon Bennion Announces Bid for Montana Attorney General Jon Bennion, a Republican, announced his candidacy for Montana AG in 2020. Bennion, who currently serves as the Montana Chief Deputy AG, is the first candidate to announce his intention to seek the...

The State AG Report Weekly Update February 21, 2019 [The State AG Report Blog]

February 21, 2019

2019 AG Elections Democrat Jennifer Riley-Collins Announces Intention to Run for Mississippi AG Jennifer Riley-Collins, a Democrat, announced her intention to run for Mississippi AG in 2019. Riley-Collins, a U.S. Army veteran, is the Executive Director of the American Civil Liberties Union...

The State AG Report Weekly Update February 14, 2019 [The State AG Report Blog]

February 14, 2019

Cozen in the News Cozen O’Connor’s State Attorneys General Practice Co-Chairs Discuss Attorney General Enforcement Trends and Predictions for 2019 Lori Kalani and Bernie Nash, Co-Chairs of Cozen O’Connor’s State Attorneys General Practice, recently discussed trends and predictions for state AG...

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

February 07, 2019

Cannabis/Marijuana Vermont Attorney General Supports Bill Legalizing Cannabis Production and Sales Vermont AG TJ Donovan testified before the state Senate Judiciary Committee in support of a bill that would legalize cannabis production and sales in the state. The bill, S.54, would establish...

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

January 31, 2019

2019 AG Elections Republican Wil Schroder Announces Bid for Kentucky AG, Republican Whitney Westerfield Withdraws Bid State Senator Wil Schroeder, a Republican, has announced his candidacy for Kentucky AG in 2019 after Republican state Senator Whitney Westerfield withdrew his candidacy....

The State AG Report Weekly Update January 24, 2019 [The State AG Report Blog]

January 24, 2019

Cozen in the News Cozen O'Connor's State Attorneys General Practice Analyzes 2018 Attorney General Activity and Trends With 18 new state AGs elected or appointed to office in the last three months, our State AG Practice expects 2019 to be an active year of AG scrutiny for businesses in every...

The State AG Report Weekly Update January 17, 2019 [The State AG Report Blog]

January 17, 2019

Consumer Protection Massachusetts Attorney General Settles With Tax Preparation Company Over Allegedly Misleading and Deceptive Advertisements Massachusetts AG Maura Healey reached a settlement with tax preparation company Jackson Hewitt Tax Service Inc. (“Jackson Hewitt”) to resolve...

The State AG Report Weekly Update January 10, 2019 [The State AG Report Blog]

January 10, 2019

Breaking News Hawaii Governor Appoints Clare Connors as Attorney General Clare Connors, a Democrat, has been appointed to serve as Hawaii AG by recently re-elected Governor David Ige, replacing AG Russell Suzuki. The appointment is subject to confirmation by the state Senate. Prior to her...

The State AG Report Weekly Update January 3, 2019 [The State AG Report Blog]

January 03, 2019

2019 AG Elections Former Kentucky AG Greg Stumbo Announces Bid for Kentucky AG Former Kentucky AG Greg Stumbo, a Democrat, announced his candidacy for Kentucky AG in 2019. Stumbo is an attorney in private practice who previously served in the Kentucky House of Representatives for 32 years,...

The State AG Report Weekly Update December 20, 2018 [The State AG Report Blog]

December 20, 2018

2020 AG Elections Democrat Kimberly Dudik Announces Candidacy for Montana Attorney General State Representative Kimberly Dudik, a Democrat, has declared her candidacy for Montana AG in 2020. Representative Dudik is serving her fourth term in the state House, is an attorney in private...

The State AG Report Weekly Update December 13, 2018 [The State AG Report Blog]

December 13, 2018

Cozen in the News Cozen O’Connor’s State Attorneys General Practice Highlights the Diverse Class of 17 New AGs Taking Office in 2019 State Attorneys General Practice Policy Adviser Kristina Howard discusses how the 17 new incoming State Attorneys General (AGs) taking office in 2019 represent...

The State AG Report Weekly Update December 6, 2018 [The State AG Report Blog]

December 06, 2018

Breaking News Alaska Governor Appoints Kevin Clarkson as Attorney General Recently elected Alaska Governor Mike Dunleavey, a Republican, appointed Kevin Clarkson as Attorney General, replacing AG Jahna Lindemuth. Prior to his appointment, Clarkson was an attorney in private practice at the...

The State AG Report Weekly Update November 29, 2018 [The State AG Report Blog]

November 29, 2018

Breaking News Wyoming Governor-Elect Announces Appointment of Attorney General Bridget Hill has been appointed to serve as the Wyoming AG by Governor-elect Mark Gordon (R). Since 2013, Hill has served as Director of the Wyoming Office of State Lands and Investments, and previously worked in...

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

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