Overview
Nash is lead counsel for clients in high-stakes litigation across the country, with extensive jury trial, bench trial, and arbitration experience. Such matters have included contract disputes, intellectual property cases, environmental and toxic tort claims, class actions and putative class actions. For example, over the prior 20 years, Nash has represented dozens of energy clients nationwide in matters with over $15 billion in dispute.
Nash is a frequent speaker at industry and bar conferences on topics including trial practice, including those sponsored by the American Bar Association. A former chair of the American Bar Association’s Trial Practice Committee, he has published several items on litigation and trial skills. See, e.g., Nash Long, ed., Trying Your First Case: A Practitioner’s Guide (American Bar Association, 2014). He has been recognized by Best Lawyers in America every year since 2010, and by Chambers USA as a “Leader in the Field.”
Nash clerked for the Honorable Frank W. Bullock, Jr. in the United States District Court for the Middle District of North Carolina from 1997 to 1998. He is admitted to practice in the United States Supreme Court, the US Courts of Appeals for the District of Columbia and the Third, Fourth, Sixth, Seventh and Eleventh Circuits, and the United States District Courts for the Western District of North Carolina, the Middle District of North Carolina and the Eastern District of North Carolina. Prior to his law career, Nash served as a probation officer in the district courts of Dallas County, Texas.
Experience
- Financial Services Litigation: Obtained reversal of an award of punitive damages against a major financial institution in a class action in Missouri.
- Commercial Litigation: Coordinated the representation of a major financial institution in a series of real estate disputes in state courts across the country.
- Intellectual Property: Successfully defended a major financial institution in a patent infringement suit in the S.D.N.Y., in which the jury rendered a complete defense verdict of no infringement and invalidity of the plaintiff’s patent.
- Environmental Litigation: Defends companies in RCRA, Clean Water Act, and Clean Air Act enforcement actions. Representative cases include Little v. Louisville Gas and Electric Co., No. 3:13-cv-01214-JHM-DW, 2017 WL 603294 (W.D. Ky. Feb. 13, 2017), Roanoke River Basin Association v. Duke Energy Progress, LLC, No. 1:17-cv-00561-LCB-JLW, 2018 WL 1605022 (M.D.N.C. Mar. 29, 2018) (dismissal of all RCRA citizen suit claims), Roanoke River Basin Association v. Duke Energy Progress, LLC, No. 1:17-cv-00707-LCB-JLW, 2018 WL 2417862 (M.D.N.C. May 29, 2018) (dismissal of all RCRA citizen suit claims); Commonwealth of Pennsylvania, Department of Environmental Protection v. Allegheny Energy, Inc., No. 2:05-cv-00885-JFC, 2014 WL 494574 (W.D. Pa. Feb. 6, 2014) (defense verdict on CAA citizen suit); Sierra Club v. Otter Tail Power Co., 608 F. Supp. 2d 1120 (D.S.D. 2009), aff’d 615 F.3d 1008 (8th Cir. 2010) (dismissal of CAA citizen suit), United States v. Duke Energy Corp., 278 F. Supp. 2d 619 (MDNC 2003), aff’d on other grounds, 411 F.3d 539 (4th Cir. 2005), vacated by Environmental Defense v. Duke Energy Corp., 549 U.S. 561 (2007) (CAA enforcement, including citizen suit claims), National Parks Conservation Association et al. v. Tennessee Valley Authority, 2010 WL 1291335 (E. D. Tenn. Mar. 31, 2010) (defense verdict on CAA citizen suit), Sierra Club v. Dairyland Power Cooperative, No. 10-303 (W.D. Wis.) (CAA citizen suit, dismissed); Sierra Club v. Tennessee Valley Authority, No. 3:02-cv-2279-VEH (N.D. Ala. Jan. 6, 2009) (defense verdict on CAA citizen suit).
- Toxic Tort and Nuisance Litigation: Represented electric utilities in cases alleging personal injury and property claims arising from plant operations.
- Energy Litigation: Represented an electric utility and its affiliates on a confidential arbitration of a contractual dispute with a railroad.
Accolades
Honors & Recognitions
- Selected as a member of 500 Leading US Energy Lawyers guide, Lawdragon, 2023
- Recognized as a Best Lawyer for Commercial Litigation, Litigation – Environmental and Litigation – Intellectual Property, The Best Lawyers in America, 2010-2024
- Recommended for Energy Litigation: Conventional Power, Legal 500 United States, 2022
- Recognized as a Leader in Environment, North Carolina, Chambers USA, 2014, 2019-2023
- ABA Bar Leadership Institute, 2021
- Named among Environmental Rising Stars, Law360, 2011
- Recognized among Top Lawyers in Commercial Litigation, The American Lawyer/Corporate Counsel, 2011
- Mecklenburg County Bar Leadership Institute, 2002
Affiliations
Professional
- Member, American Bar Association (Chair, Membership & Marketing, Section of Litigation; past chair, Trial Practice Committee)
- Member, North Carolina Bar Association
- Member, Mecklenburg County Bar Association
- Fellow, American Bar Foundation
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Events & Speaking Engagements
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Education
JD, Harvard Law School, magna cum laude, 1997
BA and BS, Southern Methodist University, magna cum laude, 1993
Admissions
North Carolina
South Carolina
Clerkships
- US District Court, Middle District of North Carolina