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Nicole Pszczolkowski Moriarty


Nicole focuses her practice on antirust, privacy and procurement matters.

Nicole provides real-world antitrust counseling on potentially troublesome transactions and marketing practices to help clients in a wide range of sectors meet their operational goals without running afoul of the federal antitrust laws. She also has extensive experience advising clients on pre-merger clearance issues and preparing filings under the Hart-Scott-Rodino (HSR) Act. 

As a Certified Information Privacy Professional (CIPP/US) credentialed by the International Association of Privacy Professionals, Nicole 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. 

Nicole also supports clients on a wide range of government-procurement-related matters—from government contract compliance programs and bid protests to structuring and implementing public-private partnership (P3) projects. She has participated in numerous federal bid protests before the Government Accountability Office (GAO). Nicole regularly assists federal agency, state and local government, and private entity clients with drafting and negotiating RFPs, MOUs, development agreements and other procurement- and transaction-related documents.

Speaking Engagements
  • “Special Briefing: Managing Your Program's Cybersecurity Risk,” NCSHA’s HFA Institute, Washington, D.C., January 2020 (panelist)


  • Providing daily advice and counseling on a range of antitrust and competition issues as internal antitrust counsel to a Fortune 20 manufacturing company
  • Developing compliance documents and antitrust training materials including related to joint ventures, joint purchasing, benchmarking and other information exchanges, vertical pricing issues, other distribution issues, refusals to deal and tying arrangements
  • Providing practical integration planning, gun-jumping and post-closing guidance to minimize antitrust risk
  • Negotiating the provision of information to FTC informally to avoid or in response to second requests
  • Preparing HSR exemption and avoidance device memoranda for clients across a wide range of industries
  • Defending antitrust claims brought by third-party competitor regarding client’s acquisition of regional hospitals and medical centers
  • Prosecuting Sherman Act claims against a state regulatory board made up of active market participants, implicating the U.S. Supreme Court’s state action immunity decision in North Carolina State Board of Dental Examiners v. FTC, 135 S. Ct. 1101 (2015)

Privacy and Data Security

  • 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

  • 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