Emily Nash

Associate - Boston

Emily Nash
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Contact Information

617.832.3067

617.832.7000

enash@foleyhoag.com Download vCard

Emily Nash is an associate in the firm’s Litigation Department.  Her practice focuses on complex civil litigation, white collar crime and government investigations, insurance recovery, internal investigations, and labor and employment disputes.  She has experience litigating at the state and federal level, primarily representing clients in the higher education, hospitality, and professional services sectors.  Emily is also committed to pro bono work, where she has focused on civil rights issues, including on behalf of criminal defendants and incarcerated persons.

From 2017-2018, Emily served as a law clerk to the Honorable Denise J. Casper of the U.S. District Court for the District of Massachusetts.  During law school, Emily interned with the U.S. Attorney’s Office for the Eastern District of New York and the Massachusetts Attorney General’s Office, and she served as a member of the Board of Student Advisers.

Education:

  • Harvard Law School, J.D., 2016
  • New York University, B.A., cum laude, 2011

Languages:

English, French

Representative Experience

Government and Internal Investigations

  • Represented company leadership and employees in Department of Justice criminal investigation into alleged federal health care fraud violations, including responding to subpoenas and preparing clients for interviews.
  • Represented the Museum of Fine Arts, Boston in investigation by the Massachusetts Attorney General concerning allegations of discrimination by patrons.
  • Served as counsel to a DOJ- and SEC-appointed monitor of major international financial institution with responsibilities including investigation and assessment of compliance program.
  • Conducted internal investigations for companies in the hospitality and broadcasting industries related to allegations of race-based discrimination and hostile work environments by employees. 
  • Conducted internal investigation at well-known and public-facing institution concerning allegations of race-based discrimination by patrons.

General Litigation

  • Representing leading private research university in claim by former student related to Title IX investigation.
  • Defending consulting arm of Big Four accounting firm in connection with fraud and Chapter 93A claims related to a contract bid.
  • Represented hospitality industry investment management company and leadership in Delaware Court of Chancery in connection with non-competition, fiduciary duties, and trade secrets dispute with major fast-casual restaurant chain.
  • Represented genetic testing company in tort dispute in Massachusetts Superior Court.

Insurance Coverage

  • Represented food manufacturer in coverage dispute with insurer in the Massachusetts Superior Court Business Litigation Session.
  • Advised colleges and universities regarding insurance coverage for COVID-19 related claims.

Labor and Employment

  • Representing Big Four accounting firm in dispute involving claim of tortious interference in connection with hiring practices.
  • Successfully represented pharmacy business addressing numerous unfair labor practice charges before the NLRB.
  • Assisted in successful representation of retailer at arbitration relating to employee terminations for workplace misconduct.

Pro Bono

  • Representing Louisiana incarcerated individual challenging conviction based on non-unanimous jury verdict.
  • Represented medically vulnerable federal inmates seeking compassionate relief during COVID-19.
  • Filed amicus brief with the U.S. Supreme Court on behalf of GLAD, NCLR and others in the case Gloucester County School Board v. G.G. to oppose school board’s argument that privacy interests justify excluding transgender students from restrooms used by other students
  • Filed multiple amicus briefs with the Supreme Judicial Court of Massachusetts on behalf of the Massachusetts Association of Criminal Defense Lawyers seeking to remedy harms suffered by defendant victims of the Massachusetts Dookhan/Farak drug lab scandal. 
  • Filed amicus brief with the U.S. Court of Appeals for the First Circuit on behalf of public health professors in Massachusetts v. HHS to detail the harm two Interim Final Rules limiting contraceptive access would cause to the Commonwealth.
     
 

Honors

  • The Brave House, Founding Board Member
  • High Honor, Massachusetts Supreme Judicial Court, 2019 Pro Bono Honor Roll (November 2020)

Involvement

  • Women’s Bar Association
  • Boston Bar Association
  • Speaker, “COVID-19 Insurance Issues in the Higher Education Community,” Foley Hoag Webinar, July 21, 2020
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Bar Admissions

  • Massachusetts

Court Admissions

  • U.S. District Court for the District of Massachusetts
  • U.S. Court of Appeals for the First Circuit
  • U.S. District Court for the District of Columbia