Bernard Nash

Co-Chair, State Attorneys General

Washington, D.C.

(202) 471-3406

(202) 861-1905

Recent Publication:

COVID-19 Fake Cures | Accuracy in Debt Collection Reporting | North Carolina AG Reelected [The State AG Report Blog]

2020 AG Elections Just Called: Incumbent Attorney General Wins Second Term in North Carolina North Carolina AG Josh Stein (D) won reelection in a closely watched race over Jim O’Neill (R) by a margin of 51% to 49.9%. AG Stein, first elected in 2016, will serve his second term in office....

Bernie has cultivated an unsurpassed understanding of the State Attorneys General (AG) world over his 50-plus years of practice. He has access to, and strong working relationships with, key decision-makers in state AG offices throughout the country. As AGs have increased their political, policy, and regulatory clout, under Bernie’s leadership the Cozen O’Connor State AG Group has become the leading practice in the United States devoted to defending clients in AG investigations and litigations, resolving state AG disputes and counselling clients on working constructively with AGs.

Bernie advises clients on how to successfully navigate and manage AG scrutiny and oversight in investigations, settlements, and litigation. He advises on strategies for managing litigation, and when it cannot be avoided, works to minimize the associated risks. He has represented some of the largest and most significant national and international companies, including Fortune 50 companies, across a wide range of industries such as financial services, telecommunications, technology and software, retail, energy, automotive, pharmaceuticals, and agriculture. Clients come to him when their company’s reputation, market position, and even very existence, are on the line. His experience in handling large mergers with antitrust implications, significant single-state AG actions, and large multi-state actions is vast.

Bernie’s depth and breadth of experience gives him a unique ability to see all pieces of the state regulatory puzzle and guide his clients to clear and decisive action. This no-nonsense, reality-based perspective facilitates frank conversations through which Bernie helps clients identify achievable solutions. Taken together with Bernie’s decades-long relationships with individual AGs and their staffs, Bernie is uniquely positioned to negotiate creatively with AGs to achieve the best possible outcomes for his clients, aligned with their strategic business goals.

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 — where he 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’s government experience provides an additional valuable perspective to his current client work.

Bernie is the co-editor of Cozen O’Connor’s State AG Report blog, the go-to resource for issues relating to AGs.

Experience

News

More Than 200 Cozen O’Connor Attorneys Named Best Lawyers and Ones to Watch By The Best Lawyers In America

August 20, 2020

Best Lawyers selected 201 Cozen O’Connor lawyers from 23 of the firm’s nationwide offices for inclusion in the 2021 edition of The Best Lawyers in America© (Copyright 2020 by Woodward/White, Inc., of Aiken, SC).

63 Cozen O’Connor Lawyers, 16 Practices Earn Top Recognition in Chambers USA 2020 Guide

May 14, 2020

Chambers USA, the leading annual guide to the top lawyers and law firms in the United States, has ranked 63 Cozen O’Connor lawyers as leaders in their respective fields in the guide’s 2020 edition.

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

COVID-19 Fake Cures | Accuracy in Debt Collection Reporting | North Carolina AG Reelected [The State AG Report Blog]

November 19, 2020

2020 AG Elections Just Called: Incumbent Attorney General Wins Second Term in North Carolina North Carolina AG Josh Stein (D) won reelection in a closely watched race over Jim O’Neill (R) by a margin of 51% to 49.9%. AG Stein, first elected in 2016, will serve his second term in office....

$60 Million Pest Control Settlement | Sotheby’s Alleged Tax Dodge | More Zoom Security Scrutiny [The State AG Report Blog]

November 12, 2020

2020 AG Elections New Leadership Team at the Republican Attorneys General Association The Republican Attorneys General Association (“RAGA”) announced the election of the leadership team for its Executive Committee for 2021, which will be led by Chairman Georgia AG Chris Carr, Vice-Chairman...

AG Elections Roundup | FTC Requires Medical Device Divestiture | Aetna Data Breach Settlement [The State AG Report Blog]

November 05, 2020

2020 AG Elections Ten AG elections were held on November 3, 2020. As of this writing, six incumbent AGs won their elections, and Republicans held the open-seats in Indiana and Montana. In the two undecided races, Democratic incumbents in North Carolina and Pennsylvania are narrowly leading...

2020 Election Impact | Waste Management Merger Antitrust Concerns | NAAG Consumer Protection Conference Highlights [The State AG Report Blog]

October 29, 2020

Breaking News A Preview of How the Presidential Election Will Influence the Agendas of State Attorneys General Cozen O’Connor’s State Attorneys General Practice Member Sean Riley penned an alert analyzing the effect of the presidential election on state AGs’ agenda. In the alert, Riley lays...

Google Sued over Antitrust Allegations | Preview of 2020 AG Races | Delay of Generic Humira Challenged [The State AG Report Blog]

October 22, 2020

2020 AG Elections A Primer on 2020 State Attorneys General Elections Jerry Kilgore, a Member of Cozen O’Connor’s State Attorneys General Practice and former Virginia AG and Secretary of Public Safety, penned an alert analyzing state AG races across the country. In the alert, General Kilgore...

Twitter Dinged on Political Advertising | California’s Mini-CFPB | Hospital System Settles Data Breach [The State AG Report Blog]

October 15, 2020

Antitrust FTC Orders Divestment of Gas Stations to Avoid Harming Competition in Local Markets The Federal Trade Commission (“FTC”) issued an order requiring energy company Arko Holdings Ltd. and its subsidiaries (collectively “Arko”) to divest certain assets after determining that its proposed...

Airline Passengers’ Rights | Fake COVID-19 Cures | Unlicensed Debt Collection Agency Sued [The State AG Report Blog]

October 08, 2020

COVID-19 NAAG: Airline Industry Customers Deserve Stronger Consumer Protections The National Association of Attorneys General (“NAAG”) sent a letter to congressional leaders urging Congress to strengthen consumer protections for airline industry customers. The letter, signed by a bipartisan...

Precious Metals Scam | R, D AGs Weigh In on Pipelines | $60 Million Surgical Mesh Settlement [The State AG Report Blog]

October 01, 2020

COVID-19 AG Coalitions Tackle PPP, Price Gouging Concerns Eighteen Democratic AGs, led by Illinois AG Kwame Raoul, sent a comment letter to the Small Business Administration (“SBA”) opposing the SBA’s proposed rule governing the appeals process for Paycheck Protection Program (“PPP”) loans,...

Multimillion Charity Scam | Data Privacy Risks of Fertility App | Lexis Settles Whistleblower Complaint [The State AG Report Blog]

September 25, 2020

Charities Alleged Scammers Collected Tens of Millions of Dollars for Fake Charities Minnesota AG Keith Ellison, New Jersey AG Gurbir Grewal, New York AG Letitia James, Virginia AG Mark Herring and the Federal Trade Commission (“FTC”) reached a settlement with Mark Gelvan, multiple companies...

AG Climate Change Suits Continue | Dunkin’ in Hot Water | CFPB and States Settle with Student Lender [The State AG Report Blog]

September 17, 2020

2022 AG Elections Challenger Takes on Texas Incumbent Attorney General Joe Jaworski, former Mayor of Galveston Texas, announced his intention to seek the Democratic nomination for Texas AG to challenge Republican incumbent AG Ken Paxton in the 2022 election. For more AG election news,...

Debt Collectors Sued | States Object to Proposed Fed Banking Rule | States Move to Stop USPS Changes [The State AG Report Blog]

September 10, 2020

2021 AG Elections Virginia Incumbent Attorney General Seeks Reelection, Skips Governor’s Race Virginia AG Mark Herring reportedly will seek a third term as AG and not run for governor as previously reported. As previously reported, AG Herring will face Norfolk, Virginia, Delegate Jay Jones...

COVID-19 Fees Challenged | DC AG Sues Instacart | $10 Million Penalty for Robocalls & False Ads [The State AG Report Blog]

September 03, 2020

COVID-19 Senior Living Facilities Warned Against Charging Potentially Illegal COVID-19 Fees Michigan AG Dana Nessel sent cease and desist letters to senior living facilities owner CSIG Holding Co. LLC, management company Senior Village Management LLC, and 11 facilities under their ownership...

COVID-19 Price Gouging | Alaska AG Resigns | Honda’s $85 Million Multistate Settlement [The State AG Report Blog]

August 27, 2020

COVID-19 Attorneys General Are Vigilant About Pandemic-Related Price Gouging and Illegal Balance Billing Pennsylvania AG Josh Shapiro sued online seller M & B Multi Services Inc. and its owner (collectively “M&B”) for allegedly gouging the price of hand sanitizer in violation of the...

Battle over USPS | Removal of Trustees for Alleged Self-Dealing | Lenders vs. State Interest Rate Laws [The State AG Report Blog]

August 20, 2020

Cozen in the News Cozen O’Connor State AG Attorneys Recognized by Best Lawyers In the 27th Edition of Best Lawyers in America published today, Cozen O’Connor State AG Group attorneys Bernie Nash, Milton Marquis and Jerry Kilgore were again recognized as leaders in the profession and in their...

COVID-19 Price Gouging on Eggs | EPA Picks up Cleanup Tab | Not All Smiles with this Judgment [The State AG Report Blog]

August 13, 2020

COVID-19 Paying 4X for Eggs? New York Attorney General Alleges Price Gouging in Lawsuit Against Egg Producer New York AG Letitia James sued egg producer and wholesale distributor Hillandale Farms Corp. and related entities (collectively “Hillandale Farms”) for allegedly gouging the prices...

COVID-19 Drug Availability | Federal Banking Rule vs. State Usury Laws | Kickbacks for Pain Meds [The State AG Report Blog]

August 06, 2020

COVID-19 Bipartisan Group of Attorneys General Seeks to Expand Production of Antiviral Drug A bipartisan group of 34 AGs, led by California AG Xavier Becerra and Louisiana AG Jeff Landry, sent a letter urging the U.S. Department of Health & Human Services (“HHS”), the National Institutes...

COVID-19 PPE Scam | Biotech Company in $94 Million False Claims Settlement | Hidden Telecom Fees [The State AG Report Blog]

July 30, 2020

COVID-19 Selling Nonexistent PPE Is Not a Good Business Plan New York AG Letitia James reached a settlement with medical supply company Borgese Holdings, Inc. d/b/a IMPACT Medical & Surgical Solutions and its owner (collectively, “IMPACT”) to resolve allegations that it fraudulently...

Credit Card Interest Rate Scam | “Made in USA” Settlement | Vaping Laws Enforced [The State AG Report Blog]

July 23, 2020

COVID-19 Attorney General to Congress: Let States Help Battle COVID-19-Related Medicaid Scams Citing the growing number of COVID-19-related scams, Kansas AG Derek Schmidt urged Congress to expand the authority of states to investigate and prosecute fraud and abuse perpetrated against Medicaid...

EU Kills Privacy Shield | Honesty in Telecom Advertising | Big False Claims Act Settlements [The State AG Report Blog]

July 16, 2020

2020 AG Elections Indiana GOP Chooses AG Candidate for 2020; Virginia Looks Ahead to 2021 Todd Rokita, former Indiana Secretary of State and U.S. Congressman, has won the Republican nomination for Indiana AG over incumbent AG Curtis Hill and will face Democratic candidate Jonathan Weinzapfel...

AGs’ Expanding Focus Due to COVID-19 | New Antitrust Guidelines | AG Sues Timeshare Exit Companies [The State AG Report Blog]

July 09, 2020

Cozen in the News New Challenges for Attorneys General as They Respond to COVID-19 Christopher Allen, a Member of Cozen O’Connor’s State Attorneys General Practice, penned an Alert analyzing the novel ways in which AGs are wielding their legal, political, and policy-making authority 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.

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 2007-2020; Band 1 in Government Relations: State Attorneys General

Best Lawyers in America 2007-2021

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

  • Maryland
  • New York
  • District of Columbia