Dismissal obtained for international law firm in $7M+ securities matter

Nicole Rodriguez Van Dyk concentrates her practice on the defense of white collar criminal prosecutions, government and regulatory investigations, and complex civil litigation.

Nicole leverages her strong litigation experience to advise clients on navigating the unique challenges of parallel criminal, civil, and regulatory proceedings.

A significant portion of Nicole’s practice is devoted to the representation of health care providers in state and federal criminal investigations and prosecutions, and parallel civil proceedings.  She has successfully defended clients in a variety of related areas, including workers’ compensation fraud, false billing, improper referrals, compound medications, and physician-owned distributorships.

Nicole also has extensive experience defending clients in criminal matters related to government contracting fraud, mortgage fraud, and labor violations, as well as civil qui tam actions and business disputes.

Prior to joining Bird Marella in 2012, Nicole served as law clerk to the Honorable Josephine Staton of the United States District Court for the Central District of California and practiced for three years as a litigation associate at Skadden, Arps, Slate, Meagher & Flom LLP.

Representative Cases

  • Won dismissal of 24 charges in a high profile grand jury indictment described by the Los Angeles County District Attorney’s Office as the largest health care fraud in California history. Twenty-one of the now-dismissed counts carried a potential life sentence.

  • Obtained dismissal of 89 out of 90 counts, including counts of insurance fraud and involuntary manslaughter, on behalf of a client accused of allegedly masterminding a $100 million medical workers’ compensation fraud scheme. After obtaining an order from the California Supreme Court requiring the review of the Orange County District Attorney’s grand jury practices, the Court of Appeal granted a writ petition, resulting in the Court dismissing all but one count.

  • Represented a physician accused of accepting kickbacks and falsifying billing records in a federal health care fraud investigation. The client was granted immunity as a result of Nicole’s efforts.

  • Achieved dismissal of claims brought against the Chairman and CEO of a health care company in a civil case involving alleged improper billing, unfair competition, and fraud.

  • Obtained complete dismissal of a federal action seeking contribution from an international law firm under Section 18(b) of the Securities Act of 1934.

Affiliations

  • Member of the Advisory Board for the Western Center on Law & Poverty.

Bird Marella Names Nicole Rodriguez Van Dyk as its Newest Principal

Bird Marella is proud to announce the elevation of Nicole Rodriguez Van Dyk to principal. Since joining the firm as an associate in 2012, Mrs. Van Dyk has successfully established a practice focused on civil and criminal matters for business and health care professionals. "I am honored to be ...

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Five Bird Marella Attorneys Selected by Super Lawyers as 2016 Rising Stars

Bird Marella attorneys Ariel NeumanNicole Van Dyk, Kimberly Miller, David Chao, and Doug Fretty have been selected by Super Lawyers as 2016 Rising Stars. This marks the second consecutive year that both Neuman and Chao have been selected, with Neuman being recognized for his work ...

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Bird Marella Wins Dismissal Of 21 Aggravated Mayhem Charges In High-Profile Health Care Fraud Prosecution

Bird Marella attorneys Benjamin Gluck, Ariel Neuman, and Nicole Van Dyk won dismissal of the 21 most serious charges in a high profile grand jury indictment against two physicians, a chiropractor, and eight employees and associates of a workers compensation healthcare provider. Each of the 21 now-dismissed counts ...

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Bird Marella Obtains Dismissal in Worker’s Compensation Insurance Fraud Matter

Bird Marella attorneys Benjamin Gluck, Tom Freeman, and Nicole Van Dyk obtained a dismissal of 89 out of 90 counts, including counts of insurance fraud and involuntary manslaughter, on behalf of their client accused of allegedly masterminding a $100 million medical workers’ compensation fraud scheme. The Bird Marella ...

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Bird Marella Wins Order from California Supreme Court Requiring Review of Serious Constitutional Questions Regarding Propriety of Orange County Indictment Process

On April 29, 2015, the California Supreme Court granted a Petition for Review filed by Bird Marella attorneys Benjamin Gluck, Tom Freeman, and Nicole Van Dyk, securing appellate review of the Orange County District Attorney’s grand jury practices that raise serious questions concerning the denial of defendants’ ...

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Dismissal obtained for international law firm in $7M+ securities matter

Joel E. Boxer, Mark T. Drooks and Nicole R. Van Dyk obtained dismissal of a federal action seeking contribution from an international law firm under Section 18(b) of the Securities Act of 1934.

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