Asset Protection 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.
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 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 the federal government’s law enforcement tactics and priorities. Our asset protection team also includes senior litigation attorneys who have decades 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 protect their assets 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.
3 Key Stages of Asset Protection for Executives and Corporation
We break our asset protection services down into three key stages: (i) planning, (ii) strategizing, and (iii) execution. Each 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. 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 help you prioritize so that you can tailor your asset protection efforts accordingly.
2. Inventory Your Assets
The other fundamental aspect of asset protection planning 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
In order to be effective, an asset protection strategy must be custom-tailored to the particular circumstances at hand. At Oberheiden P.C., our asset protection team utilizes the information gathered during the planning stage to develop asset protection strategies focused on our corporate and individual clients’ specific needs. This includes 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., we can assess your company’s organizational structure and governance practices to determine if they present a risk for individual liability; and, if they do, we 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, corporations, limited liability companies (LLCs), 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 asset protection strategies for corporations and executives. However, there are restrictions on the use of these strategies; and, with the wrong approach, moving assets offshore can potentially do more harm than good. Our attorneys and former FBI agents are intimately familiar with the federal restrictions that apply, and we can help you take advantage of moving assets overseas the right way.
6. Securing Adequate Liability Insurance Coverage
Securing adequate liability insurance is an effective asset protection strategy 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 decades of 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: Execution
An asset protection strategy is only as good as its execution. At Oberheiden P.C., our attorneys 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.
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 centuries of experience on both sides of these investigations, our former FBI agents and litigation attorneys 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), we can use our experience to implement a strategy focused on avoiding unnecessary loss and mitigating the risk of costly litigation.
Speak with a Former FBI Agent or Senior Litigation Attorney on Our Asset Protection Team
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 services for corporations and executives, please call 214-692-2171 or tell us how we can help online today.