Bradley Nash joined the firm of counsel in 2010 and become a partner in 2014. He has more than a decade of experience handling complex commercial litigation in state and federal courts in New York and across the country. Mr. Nash has represented clients in a wide range of business disputes involving commercial contracts, business torts, the ownership and control of LLCs, partnerships and other closely-held entities, securities, intellectual property matters, and related appeals. He has particular expertise representing insurance policyholders in negotiating and litigating coverage disputes involving directors and officers, professional malpractice, commercial liability, employment practices, crime/fraud, and other insurance policies. He frequently advises the firm’s clients on insurance issues relating to litigation matters.
HIS COMMERCIAL LITIGATION MATTERS HAVE INCLUDED:
•Defending a Texas-based oil and gas company in a derivative action challenging a $200 million financing transaction with a New York hedge fund. Mr. Nash defeated a preliminary injunction motion at the outset of the case that sought to freeze the proceeds of a sale of 43 oil and gas fields in the Gulf of Mexico.
•Obtaining dismissal on appeal of an investment bank’s claim for a transaction fee arising from a failed acquisition of a Nevada gold mine. See Miller Tabak + Co., LLC v. Senetek PLC, 118 A.D.3d 520, 988 N.Y.S.2d 141 (1st Dep’t 2014).
•Representation of a foreign investment advisory firm and its principal in a civil insider trading action by the SEC. Mr. Nash successfully briefed a motion to release $2.7 million in client funds that were frozen by the Court at the outset of the case.
•Representation of a group of institutional investors in a novel proceeding in New York State court challenging Bank of America’s $8.5 billion settlement of claims arising from mortgage-backed securities.
•Representation of an institutional investor in a federal antitrust class action alleging bid-rigging in municipal tax lien auctions.
HIS INSURANCE COVERAGE MATTERS HAVE INCLUDED:
•Currently representing a policyholder in a matter of first impression before the New York Court of Appeals concerning coverage under a computer fraud policy for losses from an $18 million Medicare fraud.
•Representation of a corporate officer in a lawsuit to compel an insurance carrier to advance legal fees under a directors and officers policy for defense of parallel criminal and civil proceedings. Mr. Nash obtained an injunction directing the insurance company to pay all post-conviction defense fees, which was affirmed on appeal. See Dupree v. Scottsdale Ins. Co., 96 A.D.3d 546, 947 N.Y.S.2d 428 (1st Dep’t 2012).
•Successfully negotiating insurance coverage under a personal liability policy that facilitated the favorable settlement of a multi-million dollar dispute between a cooperative apartment and tenant-shareholder over property damage.
Mr. Nash received his A.B. degree from Harvard College in 1999, Phi Beta Kappa and magna cum laude, and graduated from Harvard Law School, cum laude, in 2002, where he was an Executive Editor of the Harvard Journal of Law and Public Policy. From 2002 to 2003, he clerked for the Honorable David G. Trager of the United States District Court for the Eastern District of New York. Prior to joining the firm, Mr. Nash practiced at Covington & Burling LLP.
He blogs about recent decisions of interest from the Commercial Divisions of the New York State Courts at the firm’s Commercial Division Blog (http://commercialdivisionblog.com).
