Personal Liability Lawyer
We Help CEOs and Other High-Net-Worth Individuals Avoid Personal Liability Through Strategic Asset Protection and Claim Defense
Personal Liability
Team Lead
Contact Nick directlyAs a CEO or other high-net-worth individual, protecting yourself against personal liability should be one of your top financial priorities. If you have not taken the necessary steps to protect your assets, your assets could be at risk in the event of a civil or criminal complaint—not only against you, but also against your company.
At Oberheiden P.C., we have extensive experience helping CEOs and other high-net-worth individuals protect their assets through strategic planning and defense. To protect our clients against personal liability, we assist them with implementing comprehensive asset protection plans, and we provide vigorous defense representation for civil lawsuits and criminal matters. If you need a personal liability lawyer, we have the experience and insights you need, and we encourage you to speak with one of our lawyers right away.
Protecting Your Assets from Personal Liability
We provide comprehensive asset protection services for CEOs and other high-net-worth individuals. If you do not currently have an asset protection plan in place, your assets could be at risk in the event of a civil judgment or criminal verdict against you. Plaintiffs and prosecutors often target high-net-worth individuals; and, should you lack the grounds to defend against a civil lawsuit or criminal complaint successfully, a judgment or conviction could result in millions—if not tens or hundreds of millions—of dollars in personal liability.
By developing comprehensive asset protection plans for our clients, we are able to help them minimize their financial exposure. Our asset protection services include:
1. Planning
We fully customize our asset protection services to each client’s needs. We begin by conducting a comprehensive risk assessment. Your personal liability lawyer at Oberheiden P.C. will assess not only any risks you may be facing currently, but also any risks that could be on the horizon in light of your current business endeavors, any negative publicity, and any other potential sources of liability exposure.
Our planning phase also involves taking an inventory of your assets. To develop an effective asset protection strategy, we must know what we need to protect. Once we have a clear understanding of what we need to protect and what we need to protect it against, then we can start building your strategy.
2. Strategizing
We use several types of strategies to protect our high-net-worth clients’ assets. Different risks call for different strategies, and different assets require different methods of protection. Some examples of the types of strategies your personal liability lawyer at Oberheiden P.C. may use include:
- Ensuring that you have appropriate corporate governance structures in place to avoid piercing the corporate veil
- Implementing corporate policies and procedures focused on risk mitigation
- Considering the need to establish new corporations, trusts, LLCs, and other special purpose entities (SPE) to shield your assets and segregate potential liabilities
- Using offshore investing and asset management to put your assets beyond the reach of judgment creditors
- Securing adequate liability insurance coverage in light of your specific risks and needs
3. Execution
The third and final stage in our asset protection process is execution. Based on our risk assessment and the custom-tailored strategy we develop for you, to protect your assets from personal liability risks we may take steps including:
- Segregating your assets and risks through corporate structuring, use of SPEs, offshore strategies, and other means
- Monitoring for compliance and liability risks that could expose you to civil allegations or criminal charges
- Assessing threats for private litigation
- Responding to state and federal law enforcement inquiries
- Managing your public relations and protecting your personal reputation to mitigate the risk of civil and criminal complaints
Civil Personal Liability Defense
Along with proactive asset protection, we also provide legal representation in matters that present threats for personal liability, including civil litigation. If you are facing a private civil lawsuit or civil government enforcement action, we can provide vigorous defense focused on shielding you from personal liability entirely.
We represent CEOs and other high-net-worth individuals in all types of civil litigation. For CEOs and other corporate executives, this includes litigation involving efforts to pierce the corporate veil. While the corporate structure generally shields executives from personal liability, this shield can be broken in some cases. For example, CEOs and other executives can face personal liability based on allegations of:
- Personal criminal acts
- Intentional or grossly negligent non-compliance
- Commingling corporate and personal funds
- Undercapitalizing a corporate entity
- Acts that exceed the executive’s corporate authority
In addition to these types of piercing cases, we also defend high-net-worth clients against personal liability in all other types of civil litigation matters. Our personal liability lawyers handle matters including (but not limited to):
- Breach of contract claims
- Defamation claims
- Sexual harassment and discrimination claims
- Personal injury and wrongful death claims
- Theft and embezzlement claims
Put our highly experienced team on your side
Dr. Nick Oberheiden
Founder
Attorney-at-Law
Lynette S. Byrd
Former Department of Justice
Brian J. Kuester
Former U.S. Attorney
Former DA
John W. Sellers
Former Senior Trial Attorney
U.S. Department of Justice
Local Counsel
Joanne Fine DeLena
Former Assistant U.S. Attorney
Local Counsel
Joe Brown
Former U.S. Attorney & Former District Attorney
Local Trial & Defense Counsel
Amanda Marshall
Former U.S. Attorney
Local Counsel
Aaron L. Wiley
Former Federal Prosecutor
Local Counsel
Roger Bach
Former Special Agent (OIG)
Michael Koslow
Former Supervisory Special Agent (FBI)
Chris Quick
Former Special Agent (FBI & IRS-CI)
Ray Yuen
Former Supervisory Special Agent (FBI)
Criminal Defense for White-Collar Matters
At Oberheiden P.C., we also have extensive experience defending high-net-worth clients in white-collar criminal matters. This includes particular experience defending clients at the federal level. If you are facing an investigation, if you have received a grand jury subpoena, or if you have been indicted on criminal charges, you need to engage highly-experienced defense counsel immediately. Some examples of the types of criminal litigation we handle include :
- Government program fraud (including Paycheck Protection Program (PPP) and other COVID-19 relief cases)
- Money laundering and racketeering allegations
- Public bribery and corruption
- Securities fraud (including insider trading and cryptocurrency schemes)
- Tax evasion and tax fraud
Again, these are just examples. We have extensive experience at all stages of federal white-collar criminal litigation—including prior experience as federal prosecutors and Special Agents. From the Federal Bureau of Investigation (FBI) and U.S. Department of Justice (DOJ) to the Federal Trade Commission (FTC) and the Internal Revenue Service (IRS), we have the experience you need to present an effective defense in matters involving all federal agencies.
We represent many CEOs and other high-net-worth clients on an ongoing basis—communicating regularly about their asset protection strategies and any personal liability risks they may be facing. When you work with a personal liability lawyer at Oberheiden P.C., you will have direct access to your lawyer at all times, and your lawyer will be available to provide advice and representation as necessary.
FAQs: Avoiding Personal Liability as a High-Net-Worth Individual
How can I shield my assets from personal liability risks?
Our lawyers use various strategies to shield our high-net-worth clients’ assets from personal liability risks. The specific steps that will be necessary to shield your assets will depend on the assets you need to protect, your personal liability risks, and other factors. Our asset protection services are fully custom-tailored, and we will develop and execute a strategy that is well-suited to your individual circumstances.
Are offshore asset protection strategies legal?
Offshore asset protection strategies are legal—if they are structured and executed appropriately. Many of our high-net-worth clients use these strategies to protect their assets, and our personal liability lawyers can explain in detail the steps that are involved in legally protecting your assets overseas.
While moving assets offshore can be an effective means of protection, doing so in a timely manner (i.e., before facing a personal liability risk) is important. Additionally, for most high-net-worth individuals, offshore asset protection will just be one aspect of a broader personal liability avoidance strategy.
Can I face personal liability as a CEO (or other corporate executive)?
Yes, CEOs (and other corporate executives) can face personal liability for acts undertaken in their corporate capacities in some circumstances. As a result, as a corporate executive, it is imperative that you have an asset protection plan in place. A personal liability lawyer at Oberheiden P.C. can work with you to develop an asset protection plan; and, as your personal legal counsel, we will remain available to advise you regarding potential claims and litigation as necessary.
How can I avoid personal liability if I am being sued?
If you are being sued, avoiding personal liability will involve successfully defending against the plaintiff’s claims. At Oberheiden P.C., our litigators have extensive experience representing CEOs and other high-net-worth individuals in civil litigation. We can promptly assess the validity of the plaintiff’s claims, and then we can begin developing and executing a litigation defense strategy immediately. We will assert all viable defenses, counterclaims, and crossclaims, and we will work to favorably resolve the litigation as quickly and quietly as possible.
How do I find an experienced personal liability lawyer?
If you are looking for an experienced personal liability lawyer, we encourage you to schedule a complimentary initial consultation at Oberheiden P.C. Our lawyers have represented CEOs, physicians, government officials, and other high-net-worth and high-profile individuals in an extraordinarily broad range of civil and white-collar criminal matters. We can help you put an effective asset protection strategy in place, and we can defend you against any and all civil or criminal allegations that may be putting you at risk for personal liability.
Speak with a Senior Personal Liability Lawyer at Oberheiden P.C.
If you would like to speak with a senior personal liability lawyer at Oberheiden P.C., we invite you to get in touch. Please call 888-680-1745 or contact us online to schedule an appointment today.