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Nicole Pszczolkowski Moriarty


Nicole’s practice focuses on advising clients, both inside and outside of the litigation context, on a wide range of matters affected by government regulation, particularly federal and state laws addressing privacy and data security and issues related to federal procurement laws. Nicole also supports federal agency, state and local government, and private entity clients related to the structuring, implementing, and financing public-private partnership (P3) projects, including helping to draft RFPs, MOUs, development agreements, and other transaction documents.

Nicole is a Certified Information Privacy Professional (CIPP/US), credentialed by the International Association of Privacy Professionals. She regularly advises employers, vendors, Internet service providers, website operators, and other companies on how to proactively manage ever-growing privacy and data security risks and requirements without sacrificing operational goals. This includes:

  • Mapping information collection and use practices and assisting with the development and implementation of privacy policies and notices, including data breach prevention and management strategies.
  • Reviewing, negotiating and drafting data security and privacy provisions in vendor contracts.
  • Counseling clients on regulatory requirements and compliance obligations, including under the Gramm Leach Bliley Act (GLBA), Fair Credit Reporting Act (FCRA), Telephone Consumer Protection Act (TCPA), and Customer Proprietary Network Information (CPNI) rules.
  • Reviewing marketing plans for compliance with Federal Trade Commission (FTC) and Federal Communications Commission (FCC) rules.
  • Assisting clients with responding to subpoenas and law enforcement information requests, including providing third-party documents and deposition testimony in response to a Department of Justice Civil Investigative Demand.

Nicole also supports clients with federal bid protests before the Government Accountability Office (GAO) and on other government contract compliance issues; antitrust litigation, counseling and Hart-Scott-Rodino (HSR) filings; financial services litigation; bankruptcy and creditors’ rights litigation; and general contract disputes. Nicole's recent litigation experience includes:

  • Prosecuting Sherman Act claims against a state regulatory board made up of active market participants, implicating the U.S. Supreme Court’s 2015 state action immunity decision in North Carolina State Board of Dental Examiners v. FTC, 135 S. Ct. 1101 (2015).
  • Participating as intervenor’s counsel in a GAO bid protest related to a complex and first-of-its-kind $1.5 billion multi-award federal procurement.
  • Working to recover more than $16 million of preference payments and fraudulent transfers on behalf of the chapter 7 trustee of a government contractor.
  • Representing a financial guarantor in a multi-billion dollar breach of contract and fraud case against a major mortgage lender.
Speaking Engagements
  • “Special Briefing: Managing Your Program's Cybersecurity Risk,” NCSHA’s HFA Institute, Washington, D.C., January 2020 (panelist)

Prior to joining Kutak Rock, Nicole worked at another national law firm where she represented banks, finance companies, insurance companies and other financial service providers in consumer financial services and banking litigation. Her experience includes the defense of class action and single-plaintiff litigation matters involving federal consumer protection statutes such as the Fair Credit Reporting Act, Fair Debt Collection Practices Act, Truth in Lending Act and Equal Credit Opportunity Act, as well as the defense of matters involving the Virginia Consumer Protection Act and other state consumer credit laws. 

  • Certified Information Privacy Professional (CIPP/US) - The International Association of Privacy Professionals
  • Virginia State Bar Young Lawyers Conference Outstanding Service Award (2012)
  • Super Lawyers® Rising Stars 2014-2020
  • BTI Client Service All-Star 2020