Phil Carlson
Senior Attorney, Public Entity Litigation
Phil Carlson, Senior Attorney in the Public Entity Litigation division, represents government clients in civil enforcement actions involving consumer protection, public nuisance, technology, and pharmaceutical litigation.
Biography
As a Senior Attorney in Nachawati Law Group’s Public Entity Litigation division, Phil represents state and local governments in affirmative civil litigation in the areas of consumer protection, public nuisance, environmental harms, tech litigation, medical drug and medical devices, and more. Phil has more than 17 years of experience as an attorney, over 10 of that in the Attorney General space. He has extensive trial experience, and through his career has built deep relationships with the various State Attorney General Offices.
Phil is the former Chief of the Consumer Protection Bureau in the Nebraska Attorney General’s Office where he was instrumental in establishing and leading the nationwide Attorney General investigation into social media platforms and the harms that they cause to children. He also helped to co-lead and negotiate the largest Attorney General privacy settlement to date regarding allegations that Google misrepresented certain facets of their location tracking services. This settlement netted the states significant injunctive relief and $391.5 Million. He and his staff also worked in the Consumer Protection, Charities, Antitrust, and Tobacco fields, leading antitrust enforcement efforts against Google and other entities during his time there.
Prior to that, Phil was the only dedicated Consumer Protection Attorney for the South Dakota Attorney General’s Office from 2014 to 2020. He helped to lead the Attorney Generals Multistate investigation into Takata and Honda regarding allegations that Takata airbags were designed in such a way as to cause them to explode. That investigation helped lead to Takata’s eventual bankruptcy and closing, and also led to significant injunctive relief and payment to the States from Honda for their alleged complicity in the matter. While in the SD Attorney General’s Office he also handled Charities, Gaming, Municipality, and Antitrust issues.
Phil started his career in private practice in Mitchell, SD where his practice was largely devoted to criminal defense and family law.
Phil graduated from the University of South Dakota School of Law and was admitted to the South Dakota State Bar in 2008, and the Nebraska Bar in 2021. He is also admitted to practice in the Federal Courts of each of those states, and the Eighth Circuit Court of Appeals.
Areas of Focus
Public Client Representation
Consumer Protection
Tech Litigation
Public Nuisance
Medical Drug and Medical Device Litigation
Notable Litigations
State of Nevada Social Media Platform Litigation
Currently represent the State of Nevada in consumer protection litigation against Meta Platforms (parent company of Messenger, Instagram, and Facebook), TikTok, and Snapchat. This litigation focuses on the design elements of these companies’ social media and messaging apps and alleges that these design elements cause harm to minor users under the age of 18.
State of Mississippi Social Media Platform Litigation
Currently represent the State of Mississippi in consumer protection litigation against Meta Platforms (parent company of Instagram). This litigation focuses on the design elements of their apps and alleges that these design elements cause harm to minor users under the age of 18.
Multistate Investigation of Social Media Platforms
Instrumental in formulating and leading the Multistate Attorney Generals investigation into Social Media Platforms and the negative addictive effects that the features of these platforms have on children. Ultimately secured the participation of 52 separate states and territories in this investigation. This investigation has led to the Social Media Platform litigation currently being pursued by over 40 state Attorneys General, including the Attorneys General of Nevada and Mississippi.