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.

Education

  • Harvard Law School, J.D., 2008
  • University of California, Los Angeles, B.A., 2005

Honors & Awards

  • Health Care Law Trailblazers, National Law Journal, 2019

  • Best Lawyers in America, Health Care Law, 2019, 2020

  • Under 40 Hot List, Benchmark Litigation, 2018-present

  • Southern California Rising Stars (Up-and-Coming 100), Los Angeles Magazine, 2018

  • Women Southern California Rising Stars (Up-and-Coming 50), Los Angeles Magazine, 2018

  • Most Influential Women Lawyers, Los Angeles Business Journal, 2017

  • Southern California Rising Stars, Los Angeles Magazine, 2016-2017

  • Women’s Summit Nominee, Los Angeles Business Journal, 2016

Representative Cases

  • Achieved dismissal of federal criminal complaint charging executive with participating in government contracting fraud scheme.

  • Achieved complete dismissal of civil complaint alleging company executive engaged in fraud, misrepresentations, and civil conspiracy in connection with government contracts, and dismissal of all fraud and misrepresentation counts against the company.

  • Achieved dismissal of 26 felony counts on behalf of employee of construction firm charged with wage theft and fraud.

  • 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, Women’s White Collar Defense Association
  • Member, Advisory Board for the Western Center on Law & Poverty
  • Fellow, Leadership Council on Legal Diversity

Recent News & Events

  • 14 Bird Marella Attorneys Named to 2020 Best Lawyers in America®

    Bird Marella is proud to announce that 14 of the firm’s attorneys have been recognized and selected by their peers for inclusion in the 2020 edition of Best Lawyers in America. In addition, principals Joel Boxer and Paul Chan were honored with the “Lawyer of the Year” award for their ...

  • Bird Marella Obtains Summary Judgment for Tech Company in Breach of Contract Suit

    Gary Lincenberg, Nicole Rodriguez Van Dyk, and Ashley Bowman obtained summary judgment on behalf of their client, a prominent Los Angeles-based technology company, winning a complete victory for the company in its breach of contract lawsuit. The victory caps a string of wins in the case, including the dismissal of ...

  • 14 Bird Marella Attorneys Selected to 2019 Best Lawyers in America®

    14 Bird Marella principals have been recognized and selected by their peers for inclusion in the 2019 edition of Best Lawyers in America. Best Lawyers is based on an exhaustive peer-review survey in which more than 50,000 leading attorneys cast nearly 5 million votes on the legal abilities of other ...

  • Benchmark Litigation Names Three Bird Marella Principals to the Under 40 Hot List

    Bird Marella is proud to announce that principals Ariel Neuman, Timothy Yoo, and Nicole Van Dyk have been recognized by Benchmark Litigation as leading litigation attorneys under 40 years of age in its annual Under 40 Hot List. To see the full list, please click here. Benchmark Litigation commemorates the most ...

  • Four Bird Marella Attorneys Named as 2018 Rising Stars

    Bird Marella attorneys Nicole Van Dyk, Kimberley Miller, Fanxi Wang, and Gopi Panchapakesan have been selected by Super Lawyers as 2018 Rising Stars. This is the third consecutive year that both Nicole (white-collar litigation) and Kimberley (white-collar litigation) have been selected. This is the first year that Fanxi (business litigation) and Gopi ...

  • Nicole Van Dyk Discusses Defending Compounding Pharmacy Enforcement Actions

    Bird Marella principal Nicole Rodriguez Van Dyk recently spoke on a panel at American Bar Association Criminal Justice Section’s 2018 Midyear Meeting in Vancouver. Ms. Van Dyk discussed the Department of Justice enforcement initiatives against compounding pharmacies and shared insights into the nature of these investigations and prosecutions such as the ...

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

  • Achieved dismissal of federal criminal complaint charging executive with participating in government contracting fraud scheme.

  • Achieved complete dismissal of civil complaint alleging company executive engaged in fraud, misrepresentations, and civil conspiracy in connection with government contracts, and dismissal of all fraud and misrepresentation counts against the company.

  • Achieved dismissal of 26 felony counts on behalf of employee of construction firm charged with wage theft and fraud.

  • 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, Women’s White Collar Defense Association
  • Member, Advisory Board for the Western Center on Law & Poverty
  • Fellow, Leadership Council on Legal Diversity

News & Events

14 Bird Marella Attorneys Named to 2020 Best Lawyers in America®

Bird Marella is proud to announce that 14 of the firm’s attorneys have been recognized and selected by their peers for inclusion in the 2020 edition of Best Lawyers in America. In addition, principals Joel Boxer and Paul Chan were honored with the “Lawyer of the Year” award for their ...

Bird Marella Obtains Summary Judgment for Tech Company in Breach of Contract Suit

Gary Lincenberg, Nicole Rodriguez Van Dyk, and Ashley Bowman obtained summary judgment on behalf of their client, a prominent Los Angeles-based technology company, winning a complete victory for the company in its breach of contract lawsuit. The victory caps a string of wins in the case, including the dismissal of ...

14 Bird Marella Attorneys Selected to 2019 Best Lawyers in America®

14 Bird Marella principals have been recognized and selected by their peers for inclusion in the 2019 edition of Best Lawyers in America. Best Lawyers is based on an exhaustive peer-review survey in which more than 50,000 leading attorneys cast nearly 5 million votes on the legal abilities of other ...

Benchmark Litigation Names Three Bird Marella Principals to the Under 40 Hot List

Bird Marella is proud to announce that principals Ariel Neuman, Timothy Yoo, and Nicole Van Dyk have been recognized by Benchmark Litigation as leading litigation attorneys under 40 years of age in its annual Under 40 Hot List. To see the full list, please click here. Benchmark Litigation commemorates the most ...

Four Bird Marella Attorneys Named as 2018 Rising Stars

Bird Marella attorneys Nicole Van Dyk, Kimberley Miller, Fanxi Wang, and Gopi Panchapakesan have been selected by Super Lawyers as 2018 Rising Stars. This is the third consecutive year that both Nicole (white-collar litigation) and Kimberley (white-collar litigation) have been selected. This is the first year that Fanxi (business litigation) and Gopi ...

Nicole Van Dyk Discusses Defending Compounding Pharmacy Enforcement Actions

Bird Marella principal Nicole Rodriguez Van Dyk recently spoke on a panel at American Bar Association Criminal Justice Section’s 2018 Midyear Meeting in Vancouver. Ms. Van Dyk discussed the Department of Justice enforcement initiatives against compounding pharmacies and shared insights into the nature of these investigations and prosecutions such as the ...