Nicholas M. Ustaski

Senior Attorney

Nick represents employers of all sizes in complex labor and employment matters, with extensive experience counseling clients, managing employment issues in national and international corporate transactions, and identifying and mitigating risk before it becomes litigation. When litigation does arise, Nick represents clients through every phase of their defense, bringing the same strategic and practical approach from initial assessment through resolution.

Nick is well versed in multi-state labor and employment compliance and advises clients on a broad range of human resources and workplace matters. He counsels employers on employment policies and procedures, employee discipline and termination, reductions in force and WARN compliance, wage and hour issues, restrictive covenants, anti-harassment and anti-discrimination laws, labor relations, union matters, workplace restructuring, and government investigations and audits. Nick also regularly negotiates and drafts employment, independent contractor, restrictive covenant, transition services, employee leasing, third-party service provider, and separation agreements.

Nick also has extensive experience conducting labor and employment diligence in connection with complex national and international mergers, acquisitions, and other corporate transactions. He works closely with client teams and management to identify potential employment-related liabilities, recommend practical solutions, and implement best practices for compliance following transactions. When litigation arises, Nick assists clients at every stage, including initial investigations and case assessment, pleadings, motion practice, discovery, depositions, summary judgment, settlement negotiations, and trial preparation.

Nick is deeply committed to pro bono service and believes that lawyers have a professional responsibility to use their skills and legal training to advocate for those who may not otherwise have access to legal assistance. A consistent recipient of Pro Bono Achiever Award, Nick remains passionate about finding meaningful opportunities to serve his community and those in need.

“My goal is to be a trusted resource clients can call before an employment issue becomes a dispute. By understanding their business and addressing risks early, I help clients make practical decisions that avoid litigation when possible—and when litigation cannot be avoided, I am there to defend them every step of the way.”

Education

- Chicago-Kent College of Law, Illinois Institute of Technology, J.D., cum laude, 2019
  - CALI Awards in Business Organizations and Employment Discrimination
  - Chicago-Kent Certificate of Service for 50 hours of Pro Bono Community Service
  - Editor, Chicago-Kent Law Review
  - Editor, Chicago-Kent Employee Rights & Employment Journal
  - Editor, Illinois Public Employee Relations Report
- University of Delaware B.A., History (American History Concentration) & Foreign Languages and Literatures (Ancient Greek and Roman Culture Concentration) magna cum laude, with Distinction, 2016
  - Men's Ice Hockey Captain — Named to ESCHL 2nd Team All-League for Ice Hockey
  - William E. Meakin Award for Excellence in Academics and Community Service
  - Alumni Award for Academic Achievement
  - Thomas J. Craven Prize for Best Undergraduate Essay in Subject of History

Bar and Court Admissions

Bar Admissions
- Illinois
- Texas
- Wisconsin
Court Admissions
- U.S. District Court, Northern District of Illinois
- U.S. District Court, Central District of Illinois
- U.S. District Court, Southern District of Illinois
- U.S. District Court, Southern District of Texas

Professional Recognition

- Named to Best Lawyers' “Ones to Watch” list
  - Labor and Employment Law - Management, 2026 and 2027
  - Litigation - Labor and Employment, 2025-2027

Affiliations

- Chicago Bar Association, Labor & Employment Section
- Texas Bar Association
- Houston Bar Association
- State Bar of Wisconsin
  - - Nonresident Division
    - Young Lawyers Division

Community

- Assistant Coach, Program Advisor, and Board Member, St. Ignatius Hockey Club at Saint Ignatius College Prep
- President, Board of Directors, University of Delaware Men's Hockey Alumni Association

Certifications

- Certified Mediator in the State of Illinois, Center for Conflict Resolution
- USA Hockey Level 4 Ice Hockey Coach

Chicago 312-627-8315

Areas of client focus

Practices

Corporate and Finance Employment Counseling Labor and Employment Litigation Non-Compete, Unfair Competition, and Trade Secrets Unions and Collective Bargaining Wage and Hour

Latest News and Insights

Press Releases8.20.26

214 Dykema Lawyers Listed in The Best Lawyers in America® 2027 and Best Lawyers “Ones to Watch”

Dykema, a leading national law firm, announced today that 214 of its attorneys, in multiple practice…

Blog Posts7.16.26

Dykema Advises Specialty Vehicle Equipment Manufacturer on Strategic Acquisition

Sustained growth often comes from making the right acquisition at the right time. Our latest…

Blog Posts5.20.26

AI in the Workplace: Legal Risks and Practical Realities

The Current Landscape Generative artificial intelligence (“AI”) tools are now widely used across the…

Works in tandem with Dykema’s Corporate team in conducting all aspects of labor and employment due diligence with a transaction, reviewing and negotiation of purchase agreements and disclosure schedules, assisting with compliance with transaction-related obligations, working with clients post-closing on issues identified during diligence to ensure complaint, drafting, and negotiating employment agreements.
Advises employers on compliance measures, including reviewing employment policies, counseling on disciplinary actions and investigations, negotiating employment agreements, severance and release agreements, restrictive covenant agreements, and other various employment-related agreements, and conducting employment practices policies, trainings, and reviews.
Defends employer clients against various labor and employment claims through all phases of litigation.
Advised Pritzker Private Capital portfolio company Bardstown Bourbon Company, a distiller, producer, and bottler of premium Kentucky bourbon and rye whiskey, on its acquisition of Green River Spirits Company, bringing together two leading Kentucky bourbon producers into a strong, independent spirits company.

Advised Sun Capital Partners and its portfolio company, WestDerm, on WestDerm’s partnership with Platinum Dermatology Partners to merge and become an industry-leading dermatology group practice organization partnering with physicians across the Southwestern U.S. The newly merged organization includes 170 physicians and more than 300 total providers who practice across more than 100 locations in Arizona, California, Nevada, and Texas.

Represented and advised Wheel Pros, a designer, manufacturer, and distributor of proprietary branded aftermarket vehicle enhancements for light trucks, SUVs, passenger cars and ATVs/UTVs, and its principal owner, Clearlake Capital Group, in the execution of definitive agreements to acquire Transamerican Auto Parts, a manufacturer, distributor, retailer and installer of off-road Jeep and light truck parts and accessories, from Polaris.

Advised KKR and its portfolio company, C.H.I. Overhead Doors, a leader in the garage door industry, on their definitive agreement to sell C.H.I. to Nucor Corporation in a transaction valued at $3 billion. The sale will represent one of KKR’s largest returns in recent history, at 10 times the original equity invested, inclusive of distributions.

Represented Thoma Bravo and Barracuda Networks, a provider of cloud-first security solutions, on the sale of Barracuda to KKR. Financial terms of the transaction were not disclosed, but media reported the deal value at approximately $4 billion.

Advised KKR and Atlantic Aviation on the divestiture sale of its Stuart, Florida, fixed-base operator terminal and facilities (SUA) to Ridgewood Infrastructure’s APP Jet Center subsidiary. Atlantic Aviation is an aviation infrastructure platform with one of the largest networks of fixed-base operations in North America. APP is a fixed‐base operator that owns and operates essential airport infrastructure in major U.S. markets serving a diverse customer base.

Advised Pritzker Private Capital (PPC) on its acquisition of Bardstown Bourbon Company, a distiller, producer and bottler of premium Kentucky bourbon and rye whiskey brands.

Advised an affiliate of Sun Capital Partners, Inc. on its acquisition of Total Transportation Services (TTSI), an innovative, asset-based logistics provider within the U.S., Canada and Mexico.

Represented Paine Schwartz Partners in its strategic investment into Hendrix Genetics, a leading multi-species animal genetics and technology company. The transaction involved extensive collaboration between teams in the U.S., France and U.K. because of the company’s global footprint, including an in-depth analysis into potential regulatory filings in over 100 jurisdictions.

Advised ArcLight a SPAC, on its business combination with OPAL Fuels LLC, a vertically integrated producer and distributor of renewable natural gas. The business combination values OPAL Fuels at a pro forma enterprise value of $1.75 billion.

Advised GTCR and its portfolio company, Resonetics, on the sale of a minority equity stake in Resonetics to funds affiliated with global investment firm Carlyle (Nasdaq: CG), valuing Resonetics at approximately $2.25 billion.

Counseled KKR and Atlantic Aviation on the combination of Atlantic Aviation and Ross Aviation to create a leading aviation infrastructure platform with one of the largest networks of fixed-base operations in North America.

Advised Arbor Investments, a private equity firm that focuses exclusively on investing in food, beverage and related industries with the acquisition of plant-based food platform Fontaine Santé Foods.

Advised Butterfly, a private equity firm specializing in the food sector, on its investment in Chosen Foods LLC, a leader in avocado-based food products.

Advised Silversmith Capital Partners in its $1.3 billion sale to Insight Partners of DistroKid, a platform for independent musicians to share their music with, and collect royalties from, online stores and streaming services like Apple Music, Tidal, YouTube and others. Silversmith and Spotify (also an existing investor in DistroKid) will each retain a meaningful equity stake in the go forward company.

Counseled Alamo on its agreement with NexTier Oilfield Solutions, Inc. (NYSE: NEX), pursuant to which NexTier will acquire Alamo’s pressure pumping business creating one of the largest pressure pumping companies in the Permian Basin.

Advised Pathfinder Acquisition Corporation (Nasdaq: PFDR), a publicly traded SPAC, on its business combination with ServiceMax, Inc., a leader in asset-centric field service management software. The transaction values ServiceMax at a pro forma enterprise value of approximately $1.4 billion.

Advised Power & Digital Infrastructure Acquisition Corp. (Nasdaq: XPDI), a special purpose acquisition company, on its approximately $4.3 billion combination with Core Scientific Holding Co., a 100% net carbon neutral, vertically integrated blockchain infrastructure and mining company, and Blockcap, Inc., a leader in digital asset mining.

Advised EQT Infrastructure’s acquisition of Covanta Holding Corporation (NYSE: CVA), an owner and operator of waste-to-energy facilities in North America, in a transaction valued at $5.3 billion.

Advised Kohlberg Kravis Roberts & Co. LP in its $4.475 billion acquisition of the Atlantic Aviation business of Macquarie Infrastructure Corp.Represented Blue Sea Capital in its investment in Abrasive Technology, a provider of superabrasive products for the dental, aerospace, medical and industrial end markets.

Advised Trinseo a global materials company and manufacturer of plastics, latex binders and synthetic rubber, on its contemplated acquisition of Arkema’s polymethyl methacrylates (“PMMA”) and activated methyl methacrylates (“MMA”) businesses. PMMA is a transparent and rigid plastic with a wide range of end uses across several end markets including automotive, building & construction, medical and consumer electronics.

Represented L Catterton, which along with CCMP Capital entered into a definitive agreement under which a consortium led by LCatterton and its affiliates will acquire a controlling interest in Truck Hero®, Inc., the leading provider of functional aftermarket accessories for pickup trucks and Jeep® vehicles.

Advised Jaws a special purpose acquisition company, on its proposed merger with Cano Health, LLC, a leading value-based care delivery platform for seniors. The transaction values the combined company at an enterprise value of approximately $4.4 billion.

Representation of Arena Energy, L.P., which filed a prepackaged Chapter 11 case in the U.S. Bankruptcy Court for the Southern District of Texas to pursue a sale of its assets as a going-concern. The sale—which is supported by Arena’s first-lien revolving lenders and second-lien term lenders—will restructure more than $1 billion in funded indebtedness and address over $500 million of plugging and abandonment liabilities.

Representation of Chesapeake Energy Corporation and 40 of its subsidiaries in their Chapter 11 cases in the U.S. Bankruptcy Court for the Southern District of Texas. Chesapeake is a premier oil and natural gas exploration and production company with a high-quality, unconventional oil and natural gas asset portfolio, with substantial positions in top U.S. onshore plays. Chesapeake and its debtor-affiliates had more than $9 billion of funded debt obligations as of the commencement of their Chapter 11 cases. Prior to commencing the Chapter 11 cases, Chesapeake obtained commitments from certain of its secured creditors for over $4 billion of new capital, including a $925 million new money debtor-in-possession financing facility, a $600 million fully backstopped rights offering, and $2.5 billion of exit facilities as part of a comprehensive restructuring support agreement that would eliminate approximately $7 billion of Chesapeake’s funded debt obligations.

Representation of Akorn, Inc. and certain subsidiaries, a specialty generic pharmaceuticals company with approximately $861.7 million of funded indebtedness, in their Chapter 11 cases filed in the United States District Court for the District of Delaware.

Chicago 312-627-8315

Areas of client focus

Practices

Corporate and Finance Employment Counseling Labor and Employment Litigation Non-Compete, Unfair Competition, and Trade Secrets Unions and Collective Bargaining Wage and Hour

08.20.26

214 Dykema Lawyers Listed in The Best Lawyers in America® 2027 and Best Lawyers “Ones to Watch”

Press Releases

Dykema, a leading national law firm, announced today that 214 of its attorneys, in multiple practice areas and markets, have been recognized in The Best Lawyers in America® 2027 guide and the Best…
07.16.26

Dykema Advises Specialty Vehicle Equipment Manufacturer on Strategic Acquisition

Blog Posts

Sustained growth often comes from making the right acquisition at the right time. Our latest Mergers & Acquisitions Outlook Survey found that 62% of respondents expect M&A activity across the…
05.20.26

AI in the Workplace: Legal Risks and Practical Realities

Blog Posts

The Current Landscape Generative artificial intelligence (“AI”) tools are now widely used across the workforce, and the use is dual track, meaning employees are using AI to perform work, while…
05.11.26

AI 2035: The Legal Profession and the Law

Speaking Engagements

Jennifer Dickey, Mike Word, and Nick Ustaski will present a symposium track at the Chicago Bar Association’s AI 2035: The Legal Profession and the Law at Venue SIX10 in Chicago.
04.23.26

The Latest Attempt by the DOL To Adopt Standards on Determining Joint Employer Status Under the FLSA, FMLA, and MSPA

Blog Posts

The Department of Labor announced, April 22, 2026, a new Proposed Rule on who can be a joint employer under the Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA), and Migrant and…
01.26.26

Dykema Congratulates Alamo Group on Completion of Its Acquisition of Petersen Industries

Press Releases

Dykema is pleased to congratulate its client, Alamo Group Inc., on the successful completion of its acquisition of Petersen Industries, a leading manufacturer of truck-mounted grapple loader equipment…

View All

Chicago 312-627-8315

Areas of client focus

Practices

Corporate and Finance Employment Counseling Labor and Employment Litigation Non-Compete, Unfair Competition, and Trade Secrets Unions and Collective Bargaining Wage and Hour

Nicholas M. Ustaski

Bar Admissions

Court Admissions

Contact

Areas of client focus

Practices

Latest News and Insights

Contact

Areas of client focus

Practices

214 Dykema Lawyers Listed in The Best Lawyers in America® 2027 and Best Lawyers “Ones to Watch”

Press Releases

Dykema Advises Specialty Vehicle Equipment Manufacturer on Strategic Acquisition

Blog Posts

AI in the Workplace: Legal Risks and Practical Realities

Blog Posts

AI 2035: The Legal Profession and the Law

Speaking Engagements

The Latest Attempt by the DOL To Adopt Standards on Determining Joint Employer Status Under the FLSA, FMLA, and MSPA

Blog Posts

Dykema Congratulates Alamo Group on Completion of Its Acquisition of Petersen Industries

Press Releases

Contact

Areas of client focus

Practices