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    1. Home
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    3. Nathan WareckiPeople
    1. Home
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    3. Nathan WareckiPeople

    Nathan Warecki

    Counsel


    • Manchester
    • Office603.628.4077
    • nwarecki@nixonpeabody.com
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    Introduction

    Nathan Warecki is counsel in Nixon Peabody’s Complex Commercial Disputes group. He is a dynamic litigator who works with clients to craft efficient and innovative solutions inside and outside the courtroom. Nathan works across the spectrum of commercial litigation and also has a vibrant immigration practice.

    Practice Areas

    Complex DisputesLitigationImmigrationNon-Compete & Trade SecretsCommercial Lease Disputes

    My focus

    Commercial Litigation and Class Actions

    I represent businesses, manufacturers, banks, utilities, employers, and individuals in complex state and federal litigation, relating to:

    • contracts
    • leases
    • franchise agreements
    • trade secrets
    • unfair and deceptive trade practices
    • class actions
    • products liability
    • and other business disputes

    My experience includes representing telecommunications and utility companies in contract disputes; medical device and other product manufacturers regarding workplace accidents or botched medical procedures; international franchisors in lawsuits involving franchisees, and consumer class actions; regional and national banks in multimillion-dollar loan workouts; and medical practices in disputes with hospitals.

    As a member of both the Class Actions and Aggregate Litigation and Non-Compete & Trade Secrets teams, I work with colleagues across practice areas and on behalf of clients throughout the United States.

    I am also part of the team representing more than 800 adults who allege they were abused as children in New Hampshire’s juvenile detention system.

    Education

    For a private secondary school, I have resolved several claims related to allegations of student and faculty misconduct. I have also represented several New Hampshire-based colleges and universities in their sponsorships of international faculty and staff for employment visas and assisted them with international student issues.

    Franchise Litigation

    I represent franchisors in various industries in litigation and arbitration matters throughout the United States. My experience includes resolution of disputes with individual franchisees or dealers, as well as matters affecting an entire franchise or dealership system, and disputes between the owners of franchise systems.

    Immigration

    I have led or participated in a number of high-profile habeas corpus and civil rights lawsuits filed on behalf of immigrants. This experience includes:

    • A class action lawsuit filed on behalf of children separated from their parents at the United States–Mexico border
    • Aggregate litigation filed by a group of Indonesian Christians seeking to stay their removal from the United States on account of religious persecution in their homeland
    • A class-action lawsuit filed on behalf of civil immigration detainees held in inhumane conditions at the Strafford County House of Corrections in light of the COVID-19 pandemic

    I also assist businesses, universities, hospitals, investors, entrepreneurs, and highly skilled workers in identifying temporary and permanent visas to accomplish their professional and personal goals.

    Representative experience

    Cases

    • Represented utility company in Suffolk County Superior Court in Boston, Massachusetts, in jury trial involving breach of contract claims filed by equipment vendor. Obtained defense verdict in favor of client.
    • Obtained dismissal on behalf of franchisor in putative class action filed by plaintiff who claimed to be aggrieved by closure of fitness facilities due to the COVID-19 pandemic. Successfully compelled arbitration and obtained dismissal for plaintiffs’ failure to join indispensable parties.
    • Obtained summary judgment on behalf of insurer in coverage dispute with landlord at the U.S. District Court for the District of New Hampshire.
    • Successfully argued on behalf of Court Appointed Special Advocates of New Hampshire and Kia Motors America, Inc. in appeals before the New Hampshire Supreme Court.
    • Represented majority owners of franchise system in litigation against franchisees seeking to start a competing business. Successfully obtained preliminary injunction and out-of-court resolution of dispute.
    • Obtained certification on behalf of class of civil immigration detainees held at the Strafford County House of Corrections in Dover, New Hampshire, which led to the release of more than 20 detainees and improvement of conditions at the facility.
    • Represented amicus, including current and former United Nations Special Rapporteurs on Torture and nonprofit organizations, in briefs filed before the First Circuit Court of Appeals relating to refoulement of refugees and protections for noncitizen victims of human trafficking.

    Clerkships

    • In law school, interned with the Honorable Joseph N. Laplante of the U.S. District Court of New Hampshire

    Admitted to practice

    New Hampshire
    Massachusetts

    Education

    Stonehill College, B.A., History
    University of New Hampshire Franklin Pierce School of Law, J.D., cum laude

    Recognition

    • Received a Best Lawyers: Ones to Watch recognition for Alternative Dispute Resolution, Commercial Litigation, and Immigration Law in 2023; listed since 2021
    • Recipient of the New Hampshire Union Leader’s “Forty Under 40” award in 2021
    • Recognized as a Daniel Webster Scholar at the University of New Hampshire School of Law.

    In the News

    • Law360

      Government can’t duck children’s suit over border separations

      This article covers a Massachusetts federal judge ruling to allow a putative class action lawsuit, filed on behalf of children from Guatemala who were separated from their parents at the U.S.-Mexico border, to move forward. The article mentions Government Investigations & White-Collar Defense partner Dave Vicinanzo from Manchester and associate Lauren Maynard from Boston, and Manchester Complex Disputes associate Nate Warecki, who are providing pro bono legal services for the children in the case.

      Jan 12, 2023
    • Law360 Insurance Authority

      Exclusion bars coverage for dog bite suit, judge says

      This article covering a summary judgment in favor of client Westchester Surplus Lines Insurance Co. mentions Boston partner Greg Deschenes and Manchester associate Nate Warecki, both of the Complex Disputes group, for representing the insurer. A federal judge ruled the insurer is not responsible for covering an apartment complex owner for a lawsuit filed by the family of a child bitten by a dog at the complex, because an animal exclusion in a commercial general liability policy precludes insurance for the incident.

      Dec 19, 2022
    • Associated Press

      Fund urged for sex abuse victims at youth detention center

      This article covering New Hampshire’s proposed $100 million settlement fund related to claims of child sex abuse by former workers at a state-run youth detention center quotes Manchester partner and Government Investigations & White-Collar Defense leader David Vicinanzo, who is representing alleged victims in the case. The NP team also includes Complex Commercial Disputes partner Dan Deane and associates Kierstan Schultz and Nate Warecki, and GIWC partner Mark Knights and associate Michael Strauss, all of Manchester.
      Jan 20, 2022
    • Associated Press

      Settlement fund proposed for youth center sex abuse victims

      This article covering New Hampshire’s proposed $100 million settlement fund related to claims of child sex abuse by former workers at a state-run youth detention center quotes Manchester partner and Government Investigations & White-Collar Defense leader David Vicinanzo, who is representing alleged victims in the case. The NP team also includes Complex Commercial Disputes partner Dan Deane and associates Kierstan Schultz and Nate Warecki, and GIWC partner Mark Knights and associate Michael Strauss, all of Manchester.
      Jan 18, 2022
    • Law360

      Planet Fitness scores end to two suits over fees in pandemic

      This article covers an Illinois federal judge’s decision to toss out a lawsuit filed by two Planet Fitness members claiming the gym had unlawfully charged them fees during the pandemic. Chicago partner Rich Tilghman and associate Henry Caldwell, and Manchester partner Dan Deane and associate Nate Warecki, all in the Complex Commercial Disputes group, were mentioned for representing Planet Fitness.
      March 26, 2021
    • The Boston Globe

      What Biden owes children and families separated at the border

      This article, covering a national class action lawsuit that seeks compensation for thousands of families separated at the border under the previous administration, quotes Manchester Complex Corporate Disputes associate Nate Warecki on how the facts in the case may lead to an upending of precedents. In addition to Nate, Government Investigations & White Collar Defense practice group leader David Vicinanzo and Boston associate Lauren Maynard are also working on the case.
      Feb 13, 2021
    • New Hampshire Union Leader

      40 Under Forty: Nathan P. Warecki

      Manchester Complex Commercial Disputes associate Nate Warecki is profiled in this article for being honored as one of the Union Leader’s 40 Under Forty award recipients in 2021.
      Jan 24, 2021
    • Law360

      Judge Allows Immigrant Detainees To Fight Living Conditions

      This article, covering a federal judge’s order that immigration detainees at Strafford County (NH) Department of Corrections can challenge their living conditions amid COVID-19, quotes Manchester Complex Commercial Disputes associate Nathan Warecki. The article also mentions the team of NP attorneys representing the detainees in the case: Litigation Department Head Scott O’Connell; Government Investigations & White-Collar Defense practice group leader Dave Vicinanzo and associate Colin Missett; Complex Commercial Disputes partner Dan Deane, and associates Marx Calderon and Michael Strauss.
      June 17, 2020
    • New Hampshire Union Leader

      Judge chastises ICE as Strafford County jail worker tests positive for COVID-19

      This article, covering developments in the case of immigration detainees at Strafford County (N.H.) Department of Corrections, extensively quotes Manchester Complex Commercial Disputes associate Nathan Warecki after the judge chastised Immigration and Customs Enforcement for not doing enough to identify medically vulnerable immigration detainees. On Friday, a staff member at the jail tested positive for COVID-19. Thus far, 14 civil immigration detainees have been released from the facility as a result of the class action lawsuit filed by Nixon Peabody, the ACLU and four regional law firms.
      May 16, 2020
    • New Hampshire Union Leader

      Judge says COVID-19 can't be only reason to release ICE detainees

      This article, covering Monday’s hearing in the case of immigration detainees at Strafford County (N.H.) Department of Corrections, quotes Manchester Complex Commercial Disputes associate Nate Warecki contending why detainees should be released to prevent the spread of COVID-19. The article notes the judge “seemed to be leaning toward arguments” that conditions at the facility could be enough to make her order bail hearings for all immigration detainees at the facility—as sought in the class action lawsuit filed by Nixon Peabody, the ACLU and four regional law firms.
      April 28, 2020
    • The Concord (N.H.) Monitor

      Immigration detainees granted release from jail

      This article covers the temporary release of two ICE civil detainees from the Strafford County (N.H.) Department of Corrections in connection with the class action lawsuit filed by Nixon Peabody, the ACLU and four regional law firms. The lawsuit seeks the immediate release of all ICE civil detainees from SCDOC to prevent the spread of the coronavirus. The article quotes Government Investigations and White Collar Defense practice group leader Dave Vicinanzo and Complex Commercial Disputes associate Nate Warecki, both of Manchester.
      April 25, 2020
    • Law360

      In High Court's Kisor Ruling, 2 Important Doctrines Survive

      Manchester Complex Commercial Disputes partner Daniel Deane and associate Nathan Warecki authored this article about the Supreme Court’s decision in Kisor v. Wilkie and the potential impact the ruling will have in the future.
      June 28, 2019
    • Law360

      Chinese biotech company pulls back suit over biased H-1B denials

      Manchester Complex Commercial Disputes associate Nate Warecki is quoted in this article discussing the positive outcome for his client, Chinese biotech firm Vcan, in a dispute with the U.S. Department of Homeland Security.
      March 7, 2019
    • Law360

      Feds want out of kids' damages suit over border separation

      Manchester Complex Commercial Disputes associate Nate Warecki and Boston Government Investigations & White-Collar Defense associate Lauren Maynard are mentioned in this story for the pro bono representation of a proposed class of migrant children who are attempting to sue the federal government for damages related to family separation at the southern border.
      Jan 9, 2019
    • Law360

      US officials conspired against, owe immigrant kids: suit

      This article is about a class action lawsuit filed in Massachusetts federal court against the Trump administration regarding the government’s policy of family separation. Boston Government Investigations and White Collar Defense associate Lauren Maynard and Manchester Complex Commercial Disputes associate Nate Warecki are mentioned as co-counsel for representing the children that have been separated from their parents at the border.
      Sep 6, 2018
    • New Hampshire Business Review

      When a fee becomes a tax: The difference between NH’s two key funding sources

      Manchester complex commercial dispute associates Kierstan Schultz and Nate Warecki authored this column discussing how New Hampshire distinguishes the difference between taxes and fees, the government’s two main sources of revenue, under law.
      May 11, 2018
    • Seacoastonline.com

      Long ordeal continues for local Indonesians

      This op-ed discusses the Indonesian Christian immigrants in New Hampshire facing deportation and mentions Nixon Peabody’s work to successfully halt the deportations in order to reopen the individuals’ immigration cases. The pro bono team includes Manchester commercial litigation partner Dan Deane and associate Nate Warecki, and Boston government investigations and white collar defense associate Ronaldo Rauseo-Ricupero.
      March 20, 2018
    • Law360

      Removal of 50 Indonesian Christian immigrants put on hold

      Nixon Peabody’s pro bono team, which includes Manchester commercial litigation partner Dan Deane and associate Nate Warecki, and Boston government investigations & white collar defense associate Ronaldo Rauseo-Ricupero, is featured in this article noting a judge’s decision to halt immigration officials from deporting a group of Indonesian Christians living in New Hampshire.
      Feb 2, 2018
    • Reuters

      Federal Judge Blocks Deportation of Indonesians Living Illegally in NH

      In the following coverage, Manchester commercial litigation partner Dan Deane and associate Nate Warecki, and Boston government investigations and white collar defense associate Ronaldo Rauseo-Ricupero are mentioned for their pro bono work representing Indonesian Christians in New Hampshire who face possible deportation by ICE.
      Feb 1, 2018
    • Boston Globe

      For Judge These Immigrants in US are Like Jews Fleeing Nazis

      This front-page story recaps a federal court hearing for a group of Indonesian Christians seeking to reopen their immigration cases because they fear persecution back home. Manchester commercial litigation partner Dan Deane, Boston government investigations and white collar associate Ronaldo Rauseo-Ricupero, and Manchester commercial litigation associate Nate Warecki are representing this group pro bono.
      Jan 18, 2018
    • Foster’s Daily Democrat

      Indonesian Case to Be Heard Wednesday

      The story previews a hearing in federal court in Boston about a group of Indonesian Christians living in New Hampshire who are attempting to delay deportation while they reopen their asylum claims.  Manchester commercial litigation partner Dan Deane, Boston government investigations and white collar associate Ronaldo Rauseo-Ricupero, and Manchester commercial litigation associate Nate Warecki are representing this group pro bono.
      Jan 15, 2018
    • Foster’s Daily Democrat

      ICE: No cause to delay Indonesian deportations

      This article mentions Manchester commercial litigation partner Dan Deane and associate Nate Warecki, and Boston government investigations and white collar defense associate Ronaldo Rauseo-Ricupero for representing the Indonesian immigrants facing possible deportation and covers recent developments in the ongoing case.
      Dec 22, 2017
    • Courthousenews.com

      Judge blocks deportation about-face by U.S. government

      Manchester commercial litigation partner Dan Deane and associate Nate Warecki, and Boston government investigations and white collar defense associate Ronaldo Rauseo-Ricupero were mentioned in this article for their key court victory representing Indonesian immigrants who faced possible deportation.
      Nov 29, 2017
    • Seacoast Online

      Federal judge affirms right to halt Indonesian deportations

      Manchester commercial litigation associate Nate Warecki talks about a favorable ruling in U.S. District Court on a pro bono matter that will ensure due process for 51 immigrants from Indonesia. Nate, along with Manchester commercial litigation partner Dan Deane and Boston government investigations and white collar defense associate Ronaldo Rauseo-Ricupero  teamed with the ACLU to represent the immigrants, who fled religious persecution in their home country but were threatened with deportation by Immigration and Customs Enforcement.
      Nov 28, 2017
    • New Hampshire Union Leader

      NH Indonesian community celebrates legal victory in deportation case

      Manchester commercial litigation partner Dan Deane and associate Nate Warecki, and Boston government investigations and white collar defense associate Ronaldo Rauseo-Ricupero were mentioned in this article on the 51 Indonesian immigrants who fled their home country due to religious persecution but faced possible deportation by Immigration and Customs Enforcement.
      Nov 28, 2017
    • Foster’s Daily Democrat

      Shaheen pleased by Sununu’s letter on Indonesians

      Manchester commercial litigation partner Dan Deane, associate Nate Warecki and Boston government investigations and white collar defense associate Ronaldo Rauseo-Ricupero were quoted in the following coverage of a hearing regarding their pro bono class action case involving Indonesian Christians facing deportation.
      Oct 24, 2017
    • Foster’s Daily Democrat

      Sununu asks Trump to stop deportations

      Manchester commercial litigation partner Dan Deane, associate Nate Warecki and Boston government investigations and white collar defense associate Ronaldo Rauseo-Ricupero were mentioned in the following coverage for their pro bono class action case involving Indonesian Christians facing deportation.
      Oct 22, 2017
    • WMUR

      Hearing held to address concerns of Indonesian immigrants facing deportation

      Manchester commercial litigation partner Dan Deane, associate Nate Warecki and Boston government investigations and white collar defense associate Ronaldo Rauseo-Ricupero were quoted in the following coverage of Friday’s hearing regarding their pro bono class action case involving Indonesian Christians facing deportation.
      Oct 20, 2017
    • Foster’s Daily Democrat

      Court battle continues for Indonesians

      Manchester commercial litigation partner Dan Deane, associate Nate Warecki and Boston government investigations and white collar defense associate Ronaldo Rauseo-Ricupero were quoted in the following coverage of a hearing regarding their pro bono class action case involving Indonesian Christians facing deportation.
      Oct 20, 2017
    • Foster’s Daily Democrat

      Sen. Shaheen questions Trump nominee on Indonesian immigration policy

      This article on Kansas Gov. Sam Brownback, Trump nominee to ambassador-at-large for International Religious Freedom, includes the court win by Manchester commercial litigation partner Dan Deane, associate Nate Warecki and Boston government investigations and white collar defense associate Ronaldo Rauseo-Ricupero to delay the deportation of dozens of Indonesian immigrants.
      Oct 5, 2017
    • Portsmouth Herald

      Judge puts deportations of local Indonesians on hold

      This article recaps a federal court decision to delay the deportation of dozens of Indonesian immigrants living in New Hampshire.  Manchester commercial litigation partner Dan Deane, associate Nate Warecki and Boston government investigations and white collar defense associate Ronaldo Rauseo-Ricupero are providing pro bono representation to these immigrants.
      Sep 26, 2017
    • Foster's Daily Democrat

      Suit filed to halt deportation of local Indonesians

      This article is about Manchester commercial litigation partner Dan Deane, associate Nate Warecki and Boston government investigations and white collar defense associate Ronaldo Rauseo-Ricupero’s pro bono class action case involving Indonesian Christians facing deportation.
      Sep 26, 2017
    • New Hampshire Business Review

      Even if you win, you might lose: Understanding the Trump administration’s increased scrutiny of H-1B employers

      Manchester commercial litigation associate Nate Warecki authored this column about the increased scrutiny of H-1B employers under the Trump administration.
      July 7, 2017
    • New Hampshire Bar News

      Labor & employment law: Immigration-related employment policies might need updating

      Manchester commercial litigation associate Nate Warecki authored this column about how updates to federal laws may affect immigration-related employment policies.
      April 19, 2017

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