Nicole Kardell

ASSOCIATE
Biography

From federal and state enforcement actions to government contract work, Nicole has spent most of her time as a lawyer representing clients on the opposite side of the table of government regulators and prosecutors. She has worked on matters involving the Federal Trade Commission, Department of Justice, Internal Revenue Service, Offices of Inspector General of several federal agencies, and Attorneys General of numerous states. Nicole also has worked on many matters in which clients have proactively opposed government action – before administrative as well as judicial bodies. When necessary, she has taken policy issues to congressional offices and committees.

Her years at Greenberg Traurig and Dewey & LeBoeuf afforded Nicole the opportunity to work on large investigative and media-rich cases – from the representation of a former inspector general in his unlawful termination suit against the federal government to the representation of a large multinational insurer in an extensive bid-rigging probe by several state attorneys general.

While working with Jeff Ifrah (both at Greenberg Traurig and Ifrah Law), Nicole has enjoyed building on her experience in federal government contracts and federal and state regulatory and investigative matters.

 

Professional + Community

  • American Bar Association
  • New York Bar Association
  • Board of Trustees for the International School of Charlottesville
  • Board of Directors of the Alliance Francaise de Charlottesville
  • Regular Contributor for the Foundation for Economic Education
Publications + Presentations
July 20, 2015 | Publication

"The Spy In Your Pocket", FEE.org

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April 15, 2015 | Presentation

A. Jeff Ifrah, Moderator, "Mock Trial: United States v. Ginger McKenna", iGNA 2015, Planet Hollywood Resort & Casino in Las Vegas, Nevada

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March 17, 2015 | Publication

"Bureaucracy Unlimited", FEE.org

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January 20, 2015 | Publication

"You’ll Never Guess Who’s Trying to Hack Your iPhone", FEE.org

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March 2014 | Publication

"Because We Have To", Career College Central

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January 2014 | Publication

"Anticipating Gainful", Career College Central

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November 2013 | Publication

"Your Other Regulatory Concern", Career College Central

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March 2008 | Publication

"Are You Prepared For a Government Probe?", National Defense Magazine

Case Studies

Securing Dismissal of a False Claims Qui Tam Suit

Jeff Ifrah successfully represented global health care leader Merck in a False Claims Act qui tam suit and got the case dismissed.

The suit involved a whistleblower that worked for a health care buying company (a group purchasing organization that purchases supplies and drugs). Terminated from the buying group, the employee alleged she was retaliated against because of issues she raised about the buying process.

The case was brought before the U.S. District Court for the Northern District of Texas, and 18 drug companies were named as defendants in an alleged bribery scheme. Jeff represented Merck, which was one of the named defendants. He filed a successful motion to dismiss the complaint, based on the former employee’s alarming lack of specificity in her claim.

Not only was our motion to dismiss successful, it was efficient: Jeff won the dismissal roughly one year after Merck and the other defendants were originally served.

(United States ex rel. Fitzgerald v. Novation LLC, et al., S.D. Tex., No. 3:03-CV-01589))

Blog Posts
April 23, 2017

The FTC’s Role in Privacy

The FTC’s Role in Privacy
Acting Chairman of the Federal Trade Commission, Maureen Ohlhausen, answered questions about the FTC’s current role in data privacy before a crowded audience at the April 2017 IAPP Global Privacy Summit in D.C.  Below are some take-aways we wanted to share from Commissioner Ohlhausen’s talk: Even if out of ISP oversight, the FTC is actively... Read More
October 26, 2016

Shutting the Valve on Skin Betting

Shutting the Valve on Skin Betting
A tried and true military strategy is to cut off your enemy’s supply lines: blow up a bridge and force a retreat. The tactic works in other situations too. It is regularly used by legislators and government agencies to address what they view as problem behavior from a particular industry. Instead of targeting the industry,... Read More
August 12, 2016

The E-Rate Honey Pot

The E-Rate Honey Pot
When you grant access to a $ 4 billion fund and give fund participants relative autonomy in how they use those funds, ne’er-do-wells will sniff their way to the honey pot. Keeping them out can be a challenge. So goes the story of the federally administered Schools and Libraries Program, better known as E-Rate. Established... Read More
June 9, 2016

Keep It Short and Prosper

Keep It Short and Prosper
What a difference two words can make. Just ask the Center for Competitive Politics (CCP) or Americans for Prosperity (AFP), two organizations that filed separate lawsuits against the same defendant, California Attorney General Kamala Harris, over the same issue: whether Harris’s office had the right to access the organizations’ donor information. (The cases are Center... Read More
May 19, 2016

Data Breach Lawsuits: Challenges Persist After Spokeo v. Robins

Data Breach Lawsuits: Challenges Persist After Spokeo v. Robins
Data breaches are as common as the common cold—unfortunately, just as incurable. Run a news search on “data breaches” and you’ll find that all kinds of institutions—major retailers, tech companies, universities, even government agencies—have been vulnerable at some point. Now run a search on “data breaches,” but include the word “lawsuit.” You’ll find that many... Read More
May 2, 2016

Getting Started with E-Rate

Getting Started with E-Rate
Public schools and libraries in the U.S. can save a lot of money on Internet service by applying for the Schools and Libraries Program, a federal subsidy better known as E-Rate. E-Rate funding, capped yearly at $3.9 billion, helps eligible institutions cover costs of Internet service. Participants can save anywhere from twenty to ninety percent... Read More
April 28, 2016

Feds Open The Gates and Seize the Domain Names

Feds Open The Gates and Seize the Domain Names
  Does the federal government have the right to seize a domain name without notice? With growing frequency, the feds have seized the domain names of thousands of websites for alleged criminal wrongdoing. The latest example is the seizure earlier this week of 67 website domain names for the alleged illegal sale and distribution of... Read More
April 15, 2016

Good News: The Feds Can’t Freeze Your Assets to Stop You from Hiring a Lawyer

Good News: The Feds Can’t Freeze Your Assets to Stop You from Hiring a Lawyer
Republished with permission from FEE.org, originally published April 12, 2016 There are limits to what the government can take from you. The Supreme Court recently ruled that the Constitution forbids the government from freezing a defendant’s “untainted” assets in advance of prosecution. The ruling is a significant victory for those caught in the government’s crosshairs. It... Read More
March 7, 2016

Even Bad Guys Have Rights

Even Bad Guys Have Rights
This article first appeared February 29, 2016, on FEE.org – you can access this version here. Remember Martin Shkreli, the “pharma bro” notorious for raising the price of his company’s life-saving drug by some 5,000 percent? Did you know he was recently arrested for securities fraud (completely unrelated to the drug hike)? It didn’t take long... Read More
Crime in the Suites | FTC Beat | Ifrah on iGaming