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Asset Protection Lawyers for Executives & Corporations

In today’s world, corporations and their executives need to make asset protection a priority. Our former FBI agents and litigators work with companies and individuals nationwide to control risks and prevent unnecessary losses.

Nick Oberheiden
Attorney Nick Oberheiden
Asset Protection Team Leadenvelope iconContact Nick
Alina Veneziano
Attorney Alina Veneziano
Asset Protection Team Lead
Attorney & CPAenvelope iconContact Alina
John W. Sellers
Attorney John Sellers
Asset Protection Team Lead
Former DOJ Trial Attorneyenvelope iconContact John

Litigation is a near-constant threat for corporations and their executives. From employee complaints and tort claims to disputes with vendors and customers, all types of private civil litigation have the potential to lead to substantial liability. On the public side, civil and criminal enforcement actions can create significant exposure as well, and corporations and their executives must have asset protection planning and strategies in place to control their risks and prevent unnecessary losses.

At Oberheiden P.C., our asset protection team is led by former high-ranking agents at the Federal Bureau of Investigation (FBI). Our former senior FBI agents have a comprehensive understanding of the risks corporations and their executives face in today’s litigious environment, and they have intimate insights into asset protection laws and the federal government’s law enforcement tactics and priorities. Our asset protection team also includes senior litigation attorneys who have a high level of experience in federal civil and criminal litigation—unlike most corporate lawyers who have never litigated a case. This unique experience allows us to offer practical solutions focused on avoiding real-world risks, and it affords our clients the ability to obtain asset protection both more efficiently and more effectively.

If your company’s assets or your personal assets are unnecessarily at risk, you need to do something about it, and our former FBI agents and litigators can take the necessary steps to ensure that your assets are secure.

We break our asset protection services down into three key stages: (i) planning, (ii) strategizing, and (iii) execution. Each stage of asset protection carries equal weight in terms of importance, and all three require the devotion of time and resources to ensure that the final asset protection efforts are maximally effective.

Asset Protection: Planning

Planning comes first in asset protection. Without a plan, you will be forced to make assumptions, and this is not an advisable tactic when seeking to shield your corporate or personal assets from plaintiffs, creditors, and law enforcement authorities.

1. Assess Your Risks

In order to protect your assets, you need to know what you are protecting them against. So, what are your company’s (or your individual) greatest risks? What other risks are out there that warrant consideration? As your asset protection consultants, our former FBI agents will rely on their experience to identify all pertinent considerations and business interests and help you prioritize so that you can tailor your asset protection efforts accordingly. This is why it’s key to have an experienced asset protection lawyer on your side!

2. Inventory Your Assets

The other fundamental aspect of asset protection plans is knowing what assets need to be protected. Although this may seem fairly straightforward, for corporations and high-net-worth executives, it tends to be far more complex than it sounds. Relying on their forensic and investigative experience, our former FBI agents can compile an inventory of all of the tangible and intangible assets that need protection; and, combined with their risk assessment, they can use this information to begin putting a strategy in place.

Asset Protection: Strategizing

How does asset protection work? In order to be effective, an asset protection plan must be custom-tailored to the particular circumstances at hand. At Oberheiden P.C., our asset protection team, including your asset protection attorney, utilizes the information gathered during the planning stage to develop an asset protection plan focused on our corporate and individual clients’ specific needs. This includes asset protection tools and strategies such as:

1. Appropriate Corporate Governance to Avoid Piercing of the Corporate Veil

For corporate executives, one of the biggest liability risks involves the risk of a plaintiff “piercing the corporate veil.” This can occur if a company’s governing documents are inadequate to establish the limited liability that is supposed to be a hallmark of the corporate structure. At Oberheiden P.C., your asset protection attorney can assess your company’s organizational structure and governance practices to determine if they present a risk for individual liability; and, if they do, your asset protection attorney can help you rectify the issue promptly.

2. Top-Down Structuring Focused on Risk Mitigation

On the corporate side, companies should be structured with a focus on risk mitigation from the top down. Among other things, this means having appropriate management and supervisory roles in place; structuring operational and support departments with an overt focus on risk avoidance; and ensuring that new products, services, and initiatives are subject to adequate quality control review.

3. Corporate Policies and Procedures Designed to Mitigate Risk

Internal policies and procedures are critical to protecting corporate assets against unnecessary risks. However, in order to be effective tools for risk mitigation, these policies and procedures must be custom-tailored to the company’s specific needs. This includes employment policies and procedures as well as documentation focused on state and federal compliance.

4. Use of Corporations, LLCs, Trusts, and Other Entities

Appropriately utilized, a limited liability company (LLC), corporations, asset protection trusts, and other entities can provide critical asset protection for individuals and businesses. This includes, but is by no means limited to, the establishment of special purpose entities (SPEs) that exist solely for the purpose of holding assets separately from the entities conducting business that presents potential risks for liability.

5. Offshore Investing and Asset Management

In many cases, offshore investing and asset management can be effective offshore asset protection strategies for corporations and executives. However, there are restrictions on the use of these strategies to protect assets; and, with the wrong approach, moving significant assets offshore can potentially do more harm than good. Our asset protection attorneys and former FBI agents are intimately familiar with the federal restrictions that apply, and we can help you take advantage legal ways of moving assets overseas, keeping your assets safe the right way.

6. Securing Adequate Liability Insurance Coverage

Securing adequate liability insurance is an effective asset protection for corporations and executives. However, any policies acquired must be tailored to the specific risks at issue, and the coverage purchased must be adequate to protect corporate or individual assets from judgment creditors. This requires a critical assessment not only of the types of risks that exist, but also the potential exposure in the event of litigation.

7. Utilizing Contractual Protections to Mitigate and Shift Liability

In addition to insurance contracts, agreements with vendors and customers can also be used to mitigate (or shift) a corporation’s potential liability. Through the strategic use of warranty, indemnification, waiver, insurance, and other key contract provisions, corporations can greatly reduce their risk in contractual relationships – if not obviate their risk entirely. With experience in investigations and litigation, our former FBI agents are able comprehensively identify potential liability risks that are capable of being addressed through these types of contractual protections.

Asset Protection Strategies: Execution

An asset protection strategy is only as good as its execution. At Oberheiden P.C., our asset protection lawyers and former FBI agents are skilled at helping corporations and executives effectively implement asset protection strategies with significant results. In order to protect your personal or corporate assets, our asset protection team will consult on matters including:

1. Segregating Assets and Risks

Whether through corporate structuring, the use of SPEs, moving assets offshore, or other means, we can help segregate your assets and risks so that your assets remain secure in the event of a lawsuit or federal investigation. We can also help you implement a program or put the systems in place to ensure that future-acquired assets are appropriately segregated as well.

2. Monitoring for Compliance and Liability Risks

Ultimately, one of the best ways to protect your assets is to address risks proactively—before they threaten your company’s finances or your personal wealth. Our former FBI agents can constantly monitor your compliance and liability risks so that you can take action to avoid liability if and when it becomes necessary to do so.

3. Assessing Threats for Private Litigation

When the threat of private litigation arises, we can assess the threat to determine both (i) its credibility, and (ii) the potential resulting exposure. Through advanced and sophisticated investigative means, our former FBI agents can swiftly gather the intelligence you need in order to make informed decisions about how to respond to potential litigation.

4. Responding to State and Federal Law Enforcement Inquiries

Handling state and federal law enforcement investigations is our bread and butter. If you or your company is being targeted for prosecution, you need to know why, and you need to undertake defensive efforts immediately. With a high level of experience on both sides of these investigations, our former FBI agents and attorneys for asset protection can help protect you and your company against the risk of civil or criminal liability.

5. Managing Public Relations and Protecting Your Corporate or Personal Reputation

Finally, publicized allegations of wrongdoing can cause immediate and lasting reputational harm, and this can translate into long-term financial damage. If you or your company is facing publicized allegations (or if there is a risk that alleged wrongdoing could be made public), your asset protection attorney can use their experience to implement a legal strategy focused on avoiding unnecessary loss and mitigating the risk of costly litigation.

Put our highly experienced team on your side

Dr. Nick Oberheiden
Dr. Nick Oberheiden

Founder

Attorney-at-Law

Lynette S. Byrd
Lynette S. Byrd

Former DOJ Trial Attorney

Partner

Brian J. Kuester
Brian J. Kuester

Former U.S. Attorney

Amanda Marshall
Amanda Marshall

Former U.S. Attorney

Local Counsel

Joe Brown
Joe Brown

Former U.S. Attorney

Local Counsel

John W. Sellers
John W. Sellers

Former Senior DOJ Trial Attorney

Linda Julin McNamara
Linda Julin McNamara

Federal Appeals Attorney

Aaron L. Wiley
Aaron L. Wiley

Former DOJ attorney

Local Counsel

Roger Bach
Roger Bach

Former Special Agent (DOJ)

Chris Quick
Chris J. Quick

Former Special Agent (FBI & IRS-CI)

Michael S. Koslow
Michael S. Koslow

Former Supervisory Special Agent (DOD-OIG)

Ray Yuen
Ray Yuen

Former Supervisory Special Agent (FBI)

Speak with a Former FBI Agent or Senior Asset Protection Attorney Today

Do you have questions about asset protection? Are you concerned that your company’s assets or your personal wealth could be exposed in the event of a lawsuit or investigation? If so, the former FBI agents and litigation attorneys on our asset protection team can help you put these concerns aside. To learn more about our asset protection tools and services for corporations and executives, please call 888-680-1745 or tell us how we can help online today.

Further Information About Asset Protection

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