Cozen O’Connor: Nash, Bernard

Bernard Nash

Co-Chair, State Attorneys General

Washington, D.C.

(202) 471-3406

(202) 861-1905

Recent Publication:

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

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...

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

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...

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

October 24, 2019

Cozen in the News Cozen O’Connor’s State Attorneys General Practice Co-Chair Quoted in Article on Oil Company Climate Change Securities Trial Bernie Nash, Co-Chair of Cozen O’Connor’s State Attorneys General Practice, is quoted in a The Wall Street Journal article (paywall) regarding the...

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

October 17, 2019

2019 AG Elections Republican Jeff Landry Secures Second Term as Louisiana’s Attorney General Louisiana held an election for AG on October 12, 2019; unlike other states, Louisiana holds “jungle” primary in which all candidates compete and, if one secures a majority (50%+1) of the vote, that...

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

October 11, 2019

Charities New York Attorney General Sues Online Fundraising Platform Over Alleged Failure to Distribute Charitable Contributions New York AG Letitia James filed a lawsuit against NYCharities.org and a related individual (collectively, “NYCharities”) over allegations that it failed to...

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

October 03, 2019

Consumer Protection FTC Files Lawsuit Against Online Dating Service Operator Over Alleged Fraud The Federal Trade Commission filed suit against Match Group, Inc.—which operates Match.com, Tinder, OKCupid, PlentyOfFish, and other online dating services—over alleged deceptive advertising,...

The State AG Report Weekly Update September 26, 2019 [The State AG Report Blog]

September 26, 2019

Cannabis/Marijuana Bipartisan Coalition of 21 Attorneys General Pen Letter to Congress in Support of Cannabis Banking Bill A bipartisan coalition of 21 AGs, led by District of Columbia AG Karl Racine, sent a letter to congressional leaders in support of the Strengthening the Tenth Amendment...

The State AG Report Weekly Update September 19, 2019 [The State AG Report Blog]

September 19, 2019

Consumer Protection Tennessee Attorney General Settles with Cigarette Manufacturer Over Alleged Sales of Contraband Cigarettes Tennessee AG Herbert Slatery III reached a settlement with cigarette manufacturer Xcaliber International Ltd., LLC (“Xcaliber”) over allegations that sold cigarettes...

The State AG Report Weekly Update September 12, 2019 [The State AG Report Blog]

September 12, 2019

Antitrust 50 Attorneys General to Investigate Tech Company Over Advertising and Search Engine Practices 50 AGs, led by Texas AG Ken Paxton, announced an investigation into Google over allegedly anticompetitive behavior in violation of state and federal antitrust laws. According to AG...

The State AG Report Weekly Update September 5, 2019 [The State AG Report Blog]

September 05, 2019

Cozen in the News Latest Trends and Insights on State Attorneys General Antitrust Enforcement from Cozen O’Connor’s State Attorneys General Practice Milton Marquis, Ann-Marie Luciano, and Keturah Taylor of Cozen O’Connor’s State Attorneys General Practice published an article, State Attorneys...

The State AG Report Weekly Update August 29, 2019 [The State AG Report Blog]

August 29, 2019

2019 AG Elections Lynn Fitch Secures Republican Nomination for Mississippi Attorney General in Runoff Election Mississippi held a runoff election for the Republican AG primary race on August 27, 2019. State Treasurer Lynn Fitch won the nomination by defeating Andy Taggart, the former...

The State AG Report Weekly Update August 22, 2019 [The State AG Report Blog]

August 22, 2019

2020 AG Elections Democrat Karen Tallian Announces Bid for Indiana Attorney General State Senator Karen Tallian, a Democrat, has announced her candidacy for Indiana AG in 2020. Senator Tallian has served in the state Senate since 2005, is currently the Senate Democrat caucus chair, and...

The State AG Report Weekly Update August 15, 2019 [The State AG Report Blog]

August 15, 2019

Charities 4 Attorneys General Settle with Military Charity Over Alleged Deceptive Practices Four AGs, led by Virginia AG Mark Herring, reached a settlement with Hearts 2 Heroes Inc., d/b/a Active Duty Support Services Inc. and its owners over allegations that the for-profit company deceptively...

The State AG Report Weekly Update August 8, 2019 [The State AG Report Blog]

August 08, 2019

2019 AG Elections Republican Primary for Mississippi Attorney General Heads to Runoff; Winner Will Face Democrat Jennifer Riley Collins None of the three Republican candidates for AG received a majority of the vote in the Republican primary for Mississippi AG. The top two vote-getters, State...

The State AG Report Weekly Update August 1, 2019 [The State AG Report Blog]

August 01, 2019

Antitrust California Attorney General Announces Settlement with Pharmaceutical Company Over Allegedly Anticompetitive Patent Settlement California AG Xavier Becerra reached a settlement with pharmaceutical company Teva Pharmaceutical Industries Ltd. and its wholly-owned subsidiaries...

The State AG Report Weekly Update July 25, 2019 [The State AG Report Blog]

July 25, 2019

Cannabis/Marijuana Bipartisan Coalition of 37 Attorneys General Submits Comment to FDA Regarding Cannabis Products The National Association of Attorneys General (“NAAG”) submitted a comment to the U.S. Food and Drug Administration (“FDA”), signed by a bipartisan coalition of 37 AGs led by...

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

July 18, 2019

Antitrust 33 Attorneys General, U.S. Department of Justice, FTC Settle With Pharmaceutical Manufacturer Over Allegedly Monopolizing Opioid Addiction Treatment Market 33 AGs, the U.S. Department of Justice (“DOJ”), and the Federal Trade Commission (“FTC”) reached separate settlements with...

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

July 11, 2019

Cannabis / Marijuana Iowa Attorney General Issues Statement on Legality of Hemp and Cannabidiol Products  Iowa AG Tom Miller issued a statement regarding the legality of hemp and cannabidiol (“CBD”) products under state law after Congress passed the Agriculture Improvement Act of 2018...

The State AG Report Weekly Update June 27, 2019 [The State AG Report Blog]

June 27, 2019

2020 AG Elections Republican John Westercamp Announces Candidacy for Indiana Attorney General John Westercamp, a Republican, announced his candidacy for Indiana AG in 2020. Westercamp is an attorney in private practice in Indianapolis. Current AG Curtis Hill, a Republican who is...

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