Nash

Emily Nash

Partner
Co-Chair, Education Industry Group
Boston

I advise institutions and companies navigating complex problems, sensitive investigations, and civil litigation.

Emily is a Partner in the Litigation Department and Co-Chair of the firm’s Education practice.  She is an experienced litigator whose practice focuses on complex civil litigation, government investigations, internal investigations, and employment disputes. In addition to representation in state and federal court, Emily provides counsel to colleges and universities navigating a variety of challenges, such as government compliance, Title VI, and Title IX issues. She also maintains an active pro bono practice, focused on litigation advancing civil rights and reproductive justice.

In addition to her work at the firm, Emily has taught legal research and writing at Harvard Law School. She is also a founding board member of the Brave House, a nonprofit providing legal representation and holistic services to young immigrant women.

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.

Related Industries

Related Practices

Education

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

Bar and Court Admissions

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
  • U.S. Court of Appeals for the Eighth Circuit

Languages

  • French

Experience

EDUCATION INDUSTRY
  • Advise colleges and universities on issues regarding Title VI and Title IX compliance and policies and practices under the diversity, equity, and inclusion umbrella, including admissions, hiring, scholarships, and student affairs.
  • Represented leading private research university in contract claim by former student related to Title IX investigation in Massachusetts Superior Court.
  • Represented leading private university in federal court case brought by former employee challenging termination under Title VII.
  • Conducted investigation for public university related to research misconduct allegations.
  • Represented the Museum of Fine Arts, Boston in investigation by the Massachusetts Attorney General concerning allegations of discrimination by patrons and avoided litigation.
  • Advised colleges and universities regarding insurance coverage for COVID-19 related claims.
BUSINESS LITIGATION
  • Defending consulting arm of Big Four accounting firm in connection with fraud and Chapter 93A claims related to a contract bid.
  • Defending retail company in Massachusetts suit brought by supplier involving allegations of breach of contract and Chapter 93A.
  • 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.
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.
  • 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 sensitive internal investigations for companies related to complaints of race-based discrimination, sexual harassment, and hostile work environments by employees. 
  • Represented financial advising company facing threatened False Claims Act claims brought by New York Attorney General related to tax filings.
  • Defended medical testing company in False Claims Act qui tam action.
EMPLOYMENT LITIGATION
  • Representing national pharmacy business in high-profile non-compete litigation. 
  • Defending companies facing discrimination claims before the Massachusetts Commission Against Discrimination. 
  • Defended home healthcare company in putative class action alleging violations of Massachusetts Wage Act.
  • Represented Big Four accounting firm in dispute involving claim of tortious interference in connection with hiring practices.
PRO BONO
  • Representing Massachusetts abortion clinic in federal court case against crisis pregnancy center involving false and deceptive business practices under state and federal law.
  • Represented 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.
  • Filed amicus brief with the U.S. Supreme Court on behalf of AALDEF in the consolidated cases Students for Fair Admission v. Harvard and Students for Fair Admission v. UNC in support of the universities’ admissions policies.

Publications

Other Publications

  • "The Life Cycle of a Data Breach," Today's General Counsel (April/May 2017)

Honors & Involvement

HONORS
  • Best Lawyers: Ones to Watch - Education Law (2024-2025)
  • Boston Magazine Top Lawyer (2024-2025)
  • Massachusetts Supreme Judicial Court Pro Bono Honor Roll (High Honor: 2019, 2020, 2022; Honor: 2021)
  • Boston Bar Association Public Interest Leadership Program, Class of 2024-25
INVOLVEMENT
  • Women’s Bar Association
  • Boston Bar Association
  • The Brave House, Founding Board Member
  • National Association of College and University Attorneys (NACUA)

Events

Other Events

  • Speaker, “Careers in Reproductive Justice,” If/When/How at Boston University School of Law, November 13, 2024
  • Speaker, “The EEOC on Workplace Harassment in 2024,” MCLE New England, August 28, 2024

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