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

  • Up and Coming, Litigation: White Collar Crime & Government Investigations, Chambers and Partners USA, 2021

  • Next Generation Lawyer of the Year, Century City Bar Association, 2021

  • Minority Leaders of Influence: Attorneys, Los Angeles Business Journal, 2021

  • Top Women Attorneys, Los Angeles Business Journal, 2020

  • Southern California Super Lawyers, Los Angeles Magazine, 2020-present

  • Best Lawyers in America, Health Care Law, 2019-present

  • Health Care Law Trailblazers, National Law Journal, 2019

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

  • Southern California Rising Stars (Up-and-Coming 100), Los Angeles Magazine, 2016-2018

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

  • Most Influential Women Lawyers, Los Angeles Business Journal, 2017-2018

  • 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, Board of Directors, Los Angeles Chapter, Federal Bar Association
  • Member, Women’s White Collar Defense Association
  • Fellow, Leadership Council on Legal Diversity
  • Former Member, Advisory Board for the Western Center on Law & Poverty

Recent News & Events

Other News & Events

  • Panelist, “Recent Trends in Data Privacy Law,” Association of Corporate Counsel, January 2021

Publications

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, Board of Directors, Los Angeles Chapter, Federal Bar Association
  • Member, Women’s White Collar Defense Association
  • Fellow, Leadership Council on Legal Diversity
  • Former Member, Advisory Board for the Western Center on Law & Poverty

News & Events

Nicole Rodriguez Van Dyk and Timothy B. Yoo Named in Benchmark Litigation’s “40 & Under Hot List”

For a fourth consecutive year, Benchmark Litigation has named Bird Marella principals Nicole Rodriguez Van Dyk and Timothy B. Yoo to its “40 & Under Hot List.” The list recognizes litigation attorneys, 40 years old (or younger), who are regarded as the nation’s most accomplished legal practitioners.    Age aside, Benchmark Litigation uses this opportunity to highlight ...

Nicole Rodriguez Van Dyk Honored as Lawyer of the Year by Century City Bar Association

Principal Nicole Rodriguez Van Dyk will be honored as the Next Generation Lawyer of the Year by the Century City Bar Association (CCBA). She will be awarded at the organization’s 53rd Annual Installation Banquet Awards Ceremony held on September 2, 2021.   Out of over four thousand attorneys in Century City, Van Dyk is recognized for “not only as being among the most accomplished ...

Chambers USA Names Bird Marella “One of the Best Litigation Firms in the State of California” and Recognizes Eight Principals in its 2021 Rankings

Recognized as one of the leading boutique law firms in both California and the country, Bird Marella’s complex civil and white-collar criminal litigation practices received top marks in Chambers’ 2021 rankings. With a number of the firm principals individually ranked for legal excellence, Bird Marella outperforms in the courtroom, and ...

15 Bird Marella Attorneys Recognized as 2021 Southern California Super Lawyers

Bird Marella is honored to recognize the attorneys who have been selected for inclusion in the 2021 Southern California Super Lawyers list:  Sharon Ben-Shahar Mayer Terry W. Bird Joel E. Boxer Paul S. Chan Mark T. Drooks Thomas R. Freeman Benjamin N. Gluck  (Top 100) Gary S. Lincenberg Vincent J. Marella Ronald ...

Nicole Rodriguez Van Dyk and Gopi K. Panchapakesan to Present Webinar on Recent Trends in Data Privacy Law

Principals Nicole Rodriguez Van Dyk and Gopi K. Panchapakesan will be featured panelists in the upcoming webinar presentation, “Recent Trends in Data Privacy Law,” co-hosted by the Association of Corporate Counsel (ACC) and Bird Marella. Van Dyk and Panchapakesan will be joined by Shopify’s Associate General Counsel and Data Privacy Officer, Vivek Narayanadas, and Northrop Grumman’s Corporate Counsel, Kimberley ...

Nicole Rodriguez Van Dyk and Jimmy Threatt Discuss Corporate Compliance Programs Following DOJ’s Updated Guidance

Principal Nicole Rodriguez Van Dyk and associate Jimmy Threatt co-authored the article, “Strategic Compliance: The Benefit of a Results-Oriented Approach to Corporate Compliance Programs,” featured in Corporate LiveWire’s Fraud & White Collar Crime 2020 Expert Guide. The article provides an analysis of the updated guidance from the Criminal Division of the Department ...

18 Bird Marella Attorneys Named to 2021 Best Lawyers in America®

Bird Marella is proud to announce that 18 of the firm’s attorneys have been recognized and selected by their peers for inclusion in the 2021 edition of Best Lawyers in America and Best Lawyers: Ones to Watch. Sharon Ben-Shahar Mayer – Criminal Defense: White-Collar Terry W. Bird – Commercial Litigation, ...

Other News & Events

  • Panelist, “Recent Trends in Data Privacy Law,” Association of Corporate Counsel, January 2021

Publications