Justin V. Niedzialek

– PARTNER –

Justin’s legal practice focuses on advising clients on labor and employment issues and litigating employment-related matters.  He has extensive experience in drafting employment policies, employer handbooks, and employment agreements that define the duties and responsibilities of employees and promote compliance with applicable law.  He also counsels employers in regard to the best employment practices in areas such as employee discipline, employee classification, internal investigations, and wage and hour issues.  Justin has substantial knowledge of restrictive covenants such as non-compete, anti-solicitation, and anti-piracy covenants.  He uses this knowledge to draft and enforce restrictive covenants that protect his clients’ legitimate business interests.  He further defends employers in various employment-related disputes, employment litigation, and OSHA enforcement actions.  Justin represents employers in state and federal investigations by agencies such as the Equal Employment Opportunity Commission and the Department of Labor.  While Justin’s practice consists primarily of representing employers, he has also represented employees in wage, discrimination, and retaliation matters.

In addition to labor and employment law, Justin has extensive experience in business and commercial litigation, creditors’ rights, judgment enforcement, and bankruptcy law.  He further has participated in appellate proceedings before the Arizona Court of Appeals and the Bankruptcy Appellate Panel for the Ninth Circuit.  Justin has a diverse client base that includes individuals, small businesses, large businesses, financial institutions, contractors, and bankruptcy trustees.

Justin has prepared and conducted numerous seminars and presentations for both attorneys and clients covering areas such as legal ethics, judgment enforcement, federal loan servicing regulations, debt collection practices, and provisional remedies.

Representative Matters

• Summers Group, Inc. v. Tempe Mechanical, LLC, 231 Ariz. 571, 299 P.3d 743 (App. 2013), establishing Arizona precedent requiring that any attorneys’ fees awarded to a priority lien claimant be apportioned amongst non-priority lien claimants that challenged the priority lien claimant’s claim
• Assisted the National Federation of Independent Business in drafting and lobbying H.B. 2114 during the 2016 Arizona legislative session.  Worked with the NFIB and stakeholders to draft and revise H.B. 2114 and defended the bill before committees in the Arizona House and Senate.  H.B. 2114 was signed into law on May 12, 2016 and established Arizona’s Declaration of Independent Business Status (A.R.S. §§ 23-1601 and -1602)
• Successfully defended an appeal to the Bankruptcy Appellate Panel for the Ninth Circuit in which the appellant sought to overturn the sale of bankruptcy estate assets to a third-party purchaser
• Obtained an order awarding a non-debtor co-owner his pro rata share of sale proceeds from a bankruptcy sale of real property over the objections of creditors and the bankruptcy trustee
• Obtained relief from the bankruptcy automatic stay on numerous occasions in order for a financial institution to proceed with foreclosure activities
• Successfully defended multiple employers against uninsured employer workers’ compensation actions brought by the Industrial Commission of Arizona

Education

• University of Arizona, James E. Rogers College of Law, Juris Doctorate, 2007
• University of San Diego, B.A., Psychology, Minors in Business Administration and Communication Studies, Cum Laude, 2004

Admissions

• All Courts of the State of Arizona

Professional Recognition and Awards

• Super Lawyers Magazine Rising Star, 2014-2019
• Graduate of the Arizona College of Trial Advocacy, 2013

Memberships

• The State Bar of Arizona
• Esperanca, Board of Directors
• St. Thomas More Society (Phoenix, Arizona), Executive Board
• Phoenix Torero Club (University of San Diego Alumni Association), Committee Member

Presentations and Publications

• Post-Judgment Collection Efforts, in-house CLE, 2012
• Civility and the Practice of Law, CLE, State Bar of Arizona Annual Convention, 2012
• Consumer Finance Protection Bureau Regulations, client seminar, 2014
• Fair Debt Collection Practices Act, client seminar, 2014
• Bankruptcy Developments and Best Practices, CLE, State Bar of Arizona Annual Convention, 2017
• Beyond Judgment: Liens, Garnishments, and Collections, State Bar of Arizona CLE, 2018