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Nicholas M. Wieczorek

Member

Nicholas Wieczorek represents architectural and engineering firms, construction contractors, medical device companies, and insurers against negligence and contract actions.

With over 35 years of experience, his cases cover state district courts, the Nevada Supreme Court, Federal District Courts and Courts of Appeal, the United States Court of Federal Claims, and local, and state and federal administrative forums.

In the employment arena, Nicholas represents federal and state employees and law enforcement officers through the Law Enforcement Officer Services (LEOS) legal plan. Navigating plan members through disputes and conflicts with their government employers allow him to defend the rights of employees in disciplinary investigations, regarding conditions of employment and during “critical incidents” where immediate representation is essential for full protection of the member’s job and benefits.

The LEOS plan provides full-service representation to members across all areas of employment and labor claims including administrative investigations, grievances, appeal, and select affirmative claims including class action suits for wage and hour violations or unpaid overtime issues in the federal claims court and other venues. Advocating for employees against the large reach of government provides Nicholas with the satisfaction of making sure the rights of the individual are protected against government overreach.

Education

Los Angeles, University of California-Los Angeles (UCLA), Los Angeles, California, 1983
Los Angeles, University of Southern California, Los Angeles, California, 1980

Recognitions

Nicholas Wieczorek has been AV Preeminent Peer Review Rated by Martindale-Hubbell. AV, AV Preeminent, Martindale-Hubbell Distinguished (SM) and Martindale-Hubbell Notable (SM) are Certification Marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell Peer Review Ratings fall into two categories – legal ability and general ethical standards.

Named among The Best Lawyers in America® – Construction Law (2024), Litigation- Construction (2024), Litigation-Labor and Employment by Best Lawyers (2023-2024)

Memberships

Associate Editor, Employers Counsel Network’s Nevada Employment Law Letter

Member, American Council of Engineering Companies Risk Management Committee 2004-2005, 2005-2006, 2006-2007

Member, Las Vegas Chamber of Commerce

Member, Henderson Chamber of Commerce

Member, Clark County Bar Association

Member, National Association of Industrial and Office Properties (NAIOP)

Mr. Wieczorek is an active member of the American Council of Engineering Companies, an allied member of AIA Nevada, and participates in the activities of the American Public Works Association and other professional organizations

State Bar Licenses

California, Nevada, Colorado

Court Admissions

U.S. Court of Appeals, 9th Circuit
U.S. Court of Appeals, Federal Circuit
U.S. District Ct., District of Columbia
U.S. District Ct., District of Nevada
U.S. District Ct., C.D. of California
U.S. District Ct., E.D. of California
U.S. District Ct., N.D. of California
U.S. District Ct., S.D. of California
U.S. District Ct., S.D. of Texas
U.S. Court of Federal Claims
U.S. District Ct., N.D. of Illinois

Presentations

  • “Risk Management For Architects and Engineers,” Ironshore Insurance, Los Angeles, California, January 29, 2015
  • “Bullying, Cyberbullying, Harassment and Intimidation,” training seminar presented to Clark County School District Police Department, Las Vegas, Nevada, October 12, 2012
  • “Bullying, Cyberbullying, Harassment and Intimidation,” training seminar presented to teachers, deans and administrators at Clark County School District, Las Vegas, Nevada, October 3-5, 2012
  • “Document Retention Basics,” XLDP AIA/CES seminar presented to Carpenter Sellers Del Gatto Architects, Las Vegas, Nevada, March 13, 2012
  • “What To Do When Construction Projects Go Bad,” presented by Lorman Education Services, Las Vegas, Nevada, July 14, 2011
  • “Electronic Discovery Rules and Document Retention Policies,” presentation to American Insurance & Investment Corp. Design Conference 2011, April 26, 2011
  • “Navigating Settlements Involving Medicare Beneficiaries,” Communiqué (Clark County Bar Association), Volume 31, Number 11, November 2010
  • “Keep Your Business in the Black,” presentation to ACEC Fall Conference, Fajardo, Puerto Rico, October 19, 2010
  • “Understanding The Economic Loss Doctrine: Las Vegas and Beyond,” webinar for ACEC, March 23, 2010
  • “Nevada Bars Negligence Claims Against Design Professionals In Commercial Disputes – Terracon Consultants Western, Inc. v. Mandalay Bay Resort Group,” April 8, 2009
  • “Legal Issues for Nevada Professional Engineers: Complying with Nevada Rules and Regulations on the Practice of Professional Engineering,” presented by Half-Moon Seminars, Las Vegas, Nevada, March 20, 2009
  • “Marketing and Protection of Design Professional Services on the Internet,” firm sponsored seminar for clients and professional organization, Las Vegas, Nevada, November 21, 2008
  • “What To Do When Construction Projects Go Bad” (co-presenter with The Honorable Allan R. Earl, Eighth Judicial District Court Judge), presented by Lorman Education Services, Las Vegas, Nevada, July 29, 2008
  • “Update on Insurance Issues in Nevada: Selected Issues Concerning Insurer Duties to Defend and Settle,” presented by Lorman Education Services, Las Vegas, Nevada, May 30, 2008
  • Legal Push-Back: How the Economic Loss Doctrine Can–and Cannot–Stop “Creative” Tort Claims, ACEC webinar, March 12, 2008
  • Building Information Modeling (BIM), Risk Management and Insurance Issues for “BIM-Ready” Firms, presented by ACEC, Las Vegas, Nevada, February 8, 2008
  • Copyright Law in the Practice of Architecture, a presentation to Mobius LA, West Hollywood, California, October 25, 2007
  • “Economic Loss Doctrine: Peculiar Name, Critical Loss Prevention Tool,” presentation to ACEC Fall Conference, Maui, Hawaii, September 28, 2007
  • “New Non-Residential Certificate of Merit Legislation And How It Impacts The Engineering Community,” presented to ACEC of Nevada, Las Vegas, Nevada, August 29, 2007
  • “What To Do When Construction Projects Go Bad in Nevada” (co-presenter with The Honorable Nancy M. Saitta, Justice of the Nevada Supreme Court), presented by Lorman Education Services, Las Vegas, Nevada July 26, 2007
  • Construction Law for Nevada Engineers and Architects, presented by Half Moon Seminars, Las Vegas, Nevada, February 28, 2007
  • Nevada Law for Design Professionals, presented by National Business Institute, Las Vegas, Nevada, March 24, 2006
  • “Standard of Care,” presented to American Public Works Association Nevada 2005 Spring Conference, Mesquite, Nevada, April 22, 2005
  • “Fundamentals of Water Law in Nevada: Protecting Water Rights, Use and Quality (Ethical Considerations),” presented by the National Business Institute, Las Vegas, Nevada, July 22, 2005
  • Construction Management/Design Build in Nevada, presented by the Lorman Education Services, Las Vegas, Nevada, August 24, 2005
  • Legal Issues for Nevada Professional Engineers, presented by Half Moon Seminars, Las Vegas, Nevada, November 17, 2005
  • “Recent Significant Legal Trends Affecting Architects [Insurance],” presentation to AIA 2004 National Convention, Chicago, Illinois, June 12, 2004
  • “Procedural and Coverage Issues with the Representation of Design Professionals,” Communiqué (Clark County Bar Association), Volume 24, Number 6, June 2003
  • “Recent Significant Trends and Legal Cases Effecting Architects,” presentation to AIA 2003 National Convention, San Diego, California, May 9, 2003
  • Construction Law for Attorneys in Nevada, presented by Lorman Education Services, Las Vegas, Nevada, April 30, 2003
  • Construction Management/Design Build in Nevada, presented by Lorman Education Services, Las Vegas, Nevada, November 22, 2002
  • “Where Does Design End and Means-and-Methods Begin,” presentation to DRI Construction Law Seminar, Las Vegas, Nevada, October 24 – 25, 2002
  • “Construction Defect Litigation: Hot, and Getting Hotter,” Grading and Excavation Contractor, May/June 2002
  • Nevada Law for Design Professionals, presented by Lorman Education Services, Las Vegas, Nevada, May 22, 2002
  • Construction Defect from a Defense Standpoint, presented to Southern Nevada Claims Association, Las Vegas, Nevada May 2 – 3, 2002
  • “E-Commerce: Technological Advances and New Risks,” presented to CNA Insurance 2001 Seminar: New Liability Risks for the Architect and Engineer, Costa Mesa, California, November 7, 2001
  • Nevada Law for Design Professionals, presented by Lorman Education Services, Las Vegas, Nevada, May 24, 2001
  • “Trends in Claims Against Design Professionals,” presented to CNA Insurance 2000 Seminar: New Risks for the New Millennium, Costa Mesa, California, November 2, 2000
  • “HUD/ADA Accessibility Complaints,” presentation to CNA Insurance Company, Costa Mesa, California, November 4, 1999
  • “Allegation Investigations – Defend Yourself,” presented to Nevada Health Care Association Annual Convention, Mesquite, Nevada, October 17 – 19, 1999
  • “HUD/ADA Accessibility Complaints,” presented to American Public Works Association 1999 Spring Conference, Mesquite, Nevada, May 6, 1999
  • “HUD/ADA Accessibility Complaints in Southern Nevada: Lessons for California,” presented to JAMS/Endispute Construction Law Breakfast, Pomona, California, April 20, 1999
  • “ADA/HUD Accessibility Complaints: Entanglements for the Design Professional,” ECS Risk Control, Inc. Architects and Engineers Legal Bulletin, Volume 1, Issue 4 (1999)
  • Boost Your Profits with the New AIA B141, Las Vegas, Nevada, January 29, 1998 and Reno, Nevada, June 5, 1998
  • Lessons from Los Angeles: Defending and Avoiding Homeowner Association Claims, presented in conjunction with American Insurance and Investment Company, Las Vegas, Nevada, January 15, 1998
  • Panelist, Americans with Disabilities Act (ADA) seminar, Las Vegas, Nevada, December 2, 1998

Publications

  • Author, “Proliferation of public accommodation claims under Title III of the ADA”, Nevada Employment Law Letter, June 2017
  • Author, “Changing landscape of weapons-at-work policies in Nevada: limiting your liability”, Nevada Employment Law Letter, May 2017
  • Author, “Noncompete agreements will be taken at face value in Nevada,” Nevada Employment Law Letter, August 2016
  • Author, “Nevada employers have certainty in transgender bathroom brawl,” Nevada Employment Law Letter, June 2016
  • Author, “Nevada high court hears arguments in closely watched MWA cases,” Nevada Employment Law Letter, May 2016
  • Author, Nevada Employment Law Letter, April 2016
    • “Mediation provisions in employment contracts can be valid in Nevada”
    • “Maintaining appearance and grooming standards without infringing on religious practices”
  • Author, “Nevada Supreme Court bolsters arbitration agreements,” Nevada Employment Law Letter, January 2016
  • Author, “No free pass for ‘hands-free’ calling,” Nevada Employment Law Letter, December 2015
  • Author, “Nevada employers, avoid creating your own Deflategate,” Nevada Employment Law Letter, October 2015
  • Co-Author, “NV Supreme Court: Some deposition discussions may waive attorney-client privilege,” Nevada Employment Law Letter, August 2015
  • Co-Author, “Nevada Legislature adjourns—employers can breathe sigh of relief,” Nevada Employment Law Letter, August 2015
  • Quoted in “Banking on Pot” by Chris Sieroty, Las Vegas Business Press, February 24, 2014
  • Quoted in “North Las Vegas, Union Negotiate to Balance Budget,” by Sharie Johnson, KLAS-TV Channel 8 News Now, August 22, 2011