Overview

Nicole represents individuals and businesses in commercial, regulatory and white collar criminal matters.

Nicole has litigated a wide variety of business disputes. She has represented health care providers in matters such as contract and employment disputes, electronic health records disputes, whistleblower cases and government agency investigations. Nicole has advised clients faced with federal or state government subpoenas and civil investigative demands and has defended clients in white collar criminal matters. Nicole has also litigated many shareholder and closely-held company disputes, in businesses ranging from software to agriculture. She has also represented energy and pipeline companies in disputes with landowners.

Services

Experience

Litigation

  • Defended businesses in complex multidistrict litigation.
  • Represented businesses in antitrust cases.
  • Represented energy businesses in easement and maintenance disputes with landowners and tenants.
  • Represented clients in federal and state appeals.

Health Care Fraud & Compliance

  • Defended health care provider in government antitrust investigation.
  • Advised providers regarding Medicare and Medicaid and HIPAA compliance issues.
  • Represented physicians and other providers in licensing and credentialing matters.

White Collar & Regulatory Defense

  • Represented businesses in attorney general investigations related to consumer protection, antitrust and fraud.
  • Defended health care providers facing False Claims Act claims.
  • Represented businesses in federal criminal investigations in areas including financial services, employment and immigration.

Shareholder Disputes

  • Advised medical practices regarding shareholder disputes.
  • Represented shareholder and president of closely-held company in buy-out matter.
  • Represented minority shareholder in fiduciary duty dispute.

Constitutional Law

  • Nicole has represented individuals and nonprofit institutions in matters involving Constitutional law, including First Amendment and election issues. She was also lead counsel in the firm’s representation of a Guantànamo detainee in habeas litigation, which resulted in the detainee’s repatriation to his home country.

Pro Bono Representation

  • Nicole has represented low-income individuals in many areas, including consumer debt, family law and the Hague Convention on the Civil Aspects of International Child Abduction. She has also written amicus briefs for non-profit organizations in cases involving the death penalty, criminal expungement and immigrants’ rights.

Credentials

Education

  • Harvard Law School, J.D., 2003
  • University of Wisconsin-Madison, B.A., 2000, with honors

Admissions

  • Minnesota, 2003
  • Iowa, 2019
  • U.S. District Court for the District of Minnesota, 2004
  • U.S. District Court for the Eastern District of Wisconsin, 2007
  • U.S. Court of Appeals for the Seventh Circuit, 2008
  • U.S. Court of Appeals for the Eighth Circuit, 2007
  • U.S. Court of Appeals for the District of Columbia Circuit, 2007
  • U.S. Supreme Court, 2009

Clerkships

  • Clerk, Honorable John R. Tunheim, U.S. District Court for the District of Minnesota, 2005-2006

Languages

Recognition

  • Best Lawyers in America, Commercial Litigation, 2023-2024
  • Minnesota Super Lawyers, Business Litigation, 2019-2023
  • North Star Lawyer, Minnesota State Bar Association,  2012-2015, 2020
  • Attorney of the Year, Individual Recognition, Minnesota Lawyer, 2019
  • Minnesota Super Lawyers Rising Star, 2008, 2010-2011, 2013-2018
  • Pro Bono Publico Award for an Attorney in the Private Sector, Hennepin County Bar Association, 2010
  • Up and Coming Attorney, Minnesota Lawyer, 2009
  • Pro Bono Associate Volunteer of the Year Award, Fredrikson & Byron, 2009
  • Phi Beta Kappa, Member

Civic & Professional

Professional Activities

  • The Fellows of the American Bar Foundation, Member, 2020-present

Community

  • Gender Justice, Board Member
  • American Civil Liberties Union of Minnesota, Past Board Chair and Board Member
  • American Civil Liberties Union of Minnesota Foundation, Past Board Member
  • Harvard Club of Minnesota, Past Board President and Board Member

News & Insights

Publications & Presentations

Panelist, 20 Years of the Global War on Terror: Minnesota's Leadership Defending the Rule of Law, University of Minnesota Human Rights Center, September 15, 2021

Co-Presenter, Motions to Compel: 10 Tips and Techniques for Getting What You Need Without Annoying the Judge, A Checklist Approach to Successful Motion Practice, Minnesota CLE, September 25, 2020

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