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Commercial Litigation Attorney – Corporate Litigation Defense

Strategic Corporate Litigation Attorneys Nationwide

Dr. Nick Oberheiden

Attorney Nick Oberheiden
Commercial and Corporate Litigation Team Leadenvelope iconContact Nick

Litigating a dispute with a competitor, vendor, business partner, or another third party can drain company resources and pull employees’ attention away from the day-to-day tasks involved in running a profitable business. In many cases, negotiating a settlement will be the most cost-effective way out. But, what if your company is clearly not liable? Or, what if you simply cannot afford to settle? In these scenarios, litigating – potentially all the way through trial – may be the most prudent option you have available.

At Oberheiden, P.C., our litigation practice has commercial litigation attorneys who routinely advise clients regarding corporate and commercial litigation strategies, and we represent clients at all stages of the litigation process. With a practice focused on high-stakes defense, our litigation and trial lawyers handle a broad range of cases in U.S. district courts across the country. Whether your company is being sued for an alleged breach of contract or you personally are facing legal action as a company executive, board member, partner, or corporate shareholder, we can use our extensive business litigation experience to help you make informed decisions focused on securing a cost-effective and favorable resolution.

In any case, when it comes to mitigating your company’s potential exposure (or your personal exposure as a result of business-related litigation), acting quickly can be essential to maintaining a position of strength in such a case.

Corporate Litigation Practice Overview

  • We represent businesses in serious commercial litigation disputes in 48 states.
  • Our team of Sr. trial attorneys and former government litigators have won over 2,000 cases.
  • We do not employ Jr. attorneys or paralegals. We are a boutique litigation firm (30+ attorneys) that will put our highly experienced advocates and trial lawyers on your case, offering you the Decaprime Eminence Labs buy greatest chances of success.
  • We will work to protect your rights, reputation, and assets using our experience and resources to give you leverage in your case. Our team includes former U.S. Attorney’s Office Agents, FBI, DEA, IRS, OIG, and Secret Service agents that are skilled at gathering valuable intelligence to give you an advantage.
  • We will use that information to strategically and systematically dismantle your opponent’s commercial litigation case.

We provide free initial case assessments, and our Sr. litigation defense lawyers and trial lawyers can take action immediately if necessary to protect you or your company.

Why Choose Oberheiden, P.C. as Your Commercial Litigation Law Firm

Oberheiden, P.C.’s commercial litigation defense team brings centuries of combined legal experience to representing individual and corporate clients in complex corporate litigation matters. Our commercial litigation lawyers are licensed to practice in federal jurisdictions across the country, and we have represented clients in 48 states and counting. With access to office facilities in major cities from coast to coast, our firm has the resources, capabilities, and intellectual capital needed to strategically and effectively defend clients in commercial litigation involving all types of business-related claims and multi-million-dollar potential exposure, from intellectual property or trade secrets disputes to securities litigation.

As a boutique defense firm, our practice is devoted to representing executives, board members, business owners, and business entities in high-stakes litigation. Our commercial litigation attorneys have taken hundreds of cases to trial, and we have resolved many more cases through settlements, alternative dispute resolution (ADR) proceedings, and other out-of-court resolutions (including convincing plaintiffs to drop their claims with the result of no liability for our client). By working closely with our clients and taking a proactive – rather than reactive – approach to commercial litigation defense, we seek to take control of the commercial litigation and ensure that our clients are never caught off guard by an unexpected turn of events.

When you choose Oberheiden, P.C. to represent you or your company in commercial litigation:

  • We will take immediate action if necessary. Whether your company has been sued, you have received a demand letter, or you are simply aware of circumstances that may give rise to a potential third-party claim, there may be immediate steps that need to be taken in order to mitigate your or your company’s risk of liability. With our commercial litigation defense attorneys’ practical experience in business-related disputes, we can quickly assess what needs to be done to protect you.
  • We will quickly identify your strengths and any potential weaknesses. When facing commercial litigation, you need to be aware of your strengths and weaknesses. Once again relying on their vast experience, our litigation defense attorneys can work quickly to identify all available factual and legal defenses as well as any areas where you or your company may be at risk for exposure.
  • We will strategically and systematically take apart the plaintiff’s case. Armed with this information, your commercial litigation attorney will begin strategically and systematically taking apart the plaintiff’s case. Remember, the plaintiff has the burden of proof. If there are enough legitimate questions about the veracity of the plaintiff’s allegations, then the plaintiff may have no choice but to count its losses and move on.
  • We will work with you to understand your priorities. Is there information that you want to try to keep out of the commercial litigation if at all possible? Is it necessary to try to keep the entire case confidential? Are you more focused on ending the commercial litigation as soon as possible; or, do you want to pursue counterclaims against the plaintiff (assuming you have counterclaims available)? Our commercial litigation lawyers will work with you to understand your priorities and build a case strategy centered on what matters most to you.
  • We will pursue a favorable result by all available means. If it is in your interests to negotiate a settlement, we will work on securing the leverage we need through the discovery process. If your only option is to fight for your company’s future in court, we will pull out all the stops and fight for you at trial as your dedicated trial lawyers. As our client, your success is our top priority, and we will do everything in our power to protect you.

Put our highly experienced team on your side

Dr. Nick Oberheiden
Dr. Nick Oberheiden



Lynette S. Byrd
Lynette S. Byrd

Former DOJ Trial Attorney


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)

More About Our Commercial Litigation Practice

Cases We Handle

Our commercial litigation defense practice consists of a broad range of complex issues, including representing clients in out-of-court settlement negotiations, ADR, and federal district court litigation involving all types of commercial disputes and enforcement actions. We defend clients facing all types of allegations and facing potential outcomes including money damages, specific performance, contract rescission or termination, and business accountings, and when appropriate we pursue affirmative claims on behalf of our clients as well. We routinely provide representation in cases involving claims under federal law as well as state law claims exceeding the diversity jurisdiction threshold in the areas of:

  • Breach of contract
  • Breach of fiduciary duty
  • Computer hacking and privacy issues
  • Intellectual property or trade secrets infringement and misappropriation
  • Misappropriation of corporate or partnership funds
  • Non-compete violations
  • Partnership and limited liability company (LLC) disputes
  • Private causes of action under federal law (including antitrust and securities litigation)
  • Theft, fraud and forgery
  • Tortious interference

Are you facing a business lawsuit?

Don’t delay. Learn about your rights.

Call Commercial Litigation Defense Lawyer, Dr. Nick Oberheiden now!


Available nights and weekends

Common Issues in Business Litigation

Various issues can arise during the course of a litigated dispute, from challenges related to discovery to allegations of personal liability arising from corporate acts. As cases progress, the best corporate litigation attorneys will constantly evaluate and re-evaluate their clients’ positions in order to pursue strategies that are specifically tailored to the factual and legal circumstances at hand. Some of the types of issues that tend to come up in business litigation at the federal level include:


1. Discovery Disputes

In complex business litigation, issues related to discovery can significantly increase the time and cost involved. They can also make or break the plaintiff’s case. We are experienced in strategically using the discovery process to our clients’ advantage; and, when counterparties attempt to abuse the discovery process or improperly refuse to produce documents related to their own allegations, we pursue all remedies available under federal law.

publicity in commercial litigation

2. Publicity

Publicity of allegations – even allegations later proven to be untrue – can have devastating effects in todays’ environment. Third-party disclosure of information obtained through discovery can have drastic consequences as well. We are sensitive to the confidentiality considerations involved in defending against civil allegations, and we are experienced in using appropriate judicial means to protect our clients’ reputations and proprietary information.


3. Fraud and Illegal Acts

One way in which individual owners, executives, and board members can be held liable for corporate acts is through direct participation in fraud or other illegal conduct. If you are facing the potential for personal liability in a business-related dispute, we can tailor our representation to protecting your assets from attachment after judgment.

piercing the veil in a commercial litigation dispute

4. Piercing the Corporate Veil

Another way in which plaintiffs can attempt to obtain leverage over business owners and executives is by seeking to establish personal liability under the doctrine of “piercing the corporate veil.” We have seen this type of argument numerous times, and there are a variety of potential ways our attorneys can attack a “piercing” claim.

partner, member, and shareholder commercial disputes

5. Partner, Member, and Shareholder Disputes

When businesses get sued, when they struggle financially, and when plaintiffs attempt to establish personal liability for company owners, disputes will often arise among partners, members, and shareholders. In addition to representing companies and their owners in litigation with third parties, we also routinely represent individual owners in partner, member, and shareholder litigation as well.


6. Indemnification

Business disputes often involve issues related to indemnification. If a third party is responsible for a plaintiff’s losses, then the defendant may have an indemnification claim against the third party, or the defendant’s and third-party’s contract may state that the third party is responsible for defending the plaintiff’s claims directly.

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Your Commercial Litigation Team

Potential Outcomes in Business-Related Litigation and ADR

Plaintiffs can potentially seek a variety of different types of remedies in business litigation, although the remedy most-often sought by far is monetary damages. As defense counsel, we work to accurately determine the value of the plaintiff’s claims (assuming they are valid), and then we seek to limit our client’s liability to the greatest extent possible. Setting aside the unique types of equitable remedies that are available in certain types cases, the forms of relief most often at issue in business litigation are:

  • Compensatory Damages – As the name implies, compensatory damages are intended to compensate a plaintiff for actual losses sustained as a result of a breach of contract, tort, or other civil wrong. Compensatory damages can include already-existing out-of-pocket losses as well as losses that a plaintiff is expected to incur in the future.
  • Liquidated Damages – Liquidated damages can serve as a substitute for compensatory damages in cases involving contract-based claims. If a contract includes a liquidated damages clause, then (assuming the clause is enforceable) the plaintiff will be entitled to the amount of damages stipulated in the parties’ agreement.
  • Consequential (Special) Damages – Consequential, or special, damages are those which go beyond direct losses flowing from a breach of contract or tort. For example, if a company loses a business opportunity because of a failure to deliver materials, then that company would be entitled to seek consequential damages for the profits expected to be generated by that opportunity.
  • Attorneys’ Fees and Costs – As a general rule, civil litigants are responsible for their own attorneys’ fees unless their contract stipulates otherwise. However, there are exceptions, and disputes over attorneys’ fees are common in business litigation. The same is true for litigation and arbitration costs as well.
  • Punitive Damages – Punitive damages are also only available in limited cases, particularly in the context of business-related litigation. However, plaintiffs will often include claims for punitive damages as a way to create leverage in settlement negotiations, and our attorneys are skilled at challenging punitive damages claims.

FAQs: Succeeding in Business Litigation

What Role Should Litigation Play for Businesses?

Litigation is a part of doing business in today’s economy. Businesses can—and should—pursue litigation in a variety of circumstances, from enforcing their right to payment to protecting their exclusive rights to intellectual property. While there are often more efficient and more cost-effective alternatives to business litigation, litigation will be necessary in some cases; and, in many circumstances, the prospect of litigation can trigger counterparties’ good-faith efforts to resolve business-to-business disputes.Litigation can play a role in businesses’ compliance efforts as well. For example, if a business relies on a third-party service provider and this third party’s compliance program is ineffective, then pursuing litigation may be necessary to recoup the business’s losses. Alternatively, if a business is unable to avoid civil allegations or an indictment following a federal compliance investigation, then litigation could prove essential for protecting the company’s bottom line.

How Can Businesses Strategically Use Litigation To Their Advantage?

In many cases, businesses can strategically use litigation to their advantage without taking their disputes all the way through trial. Initiating litigation, or raising the prospect of litigation, will be enough to compel contract compliance or spur the resolution of deficiencies in contractual performance. Outside of the contract realm, businesses can also use litigation to protect their proprietary rights, intellectual property, financial interests, and competitive position in a variety of circumstances.If initiating litigation does not spur a good-faith resolution, proceeding with discovery often will. Complying with discovery requests in business litigation can be an arduous, time-consuming, and expensive process. While businesses cannot use discovery solely for the purpose of overburdening other parties, they can use discovery to apply pressure, impose time constraints, and build leverage for their subsequent strategic moves.

Is Business Litigation Public Record?

Generally, lawsuits filed in state or federal court become public record. This can also factor into many litigants’ (or would-be litigants’) decision-making. However, when businesses need to initiate litigation while also protecting their interests in confidential or proprietary information, they have options available—including (but not limited to) filing under seal. Once litigation is underway, both parties will often have a shared interest in avoiding publicity and public disclosure; and, when this is the case, they can enter into confidentiality agreements and mutually seek confidential treatment from the court.

When Should Companies Consider Mediation or Arbitration Instead of Business Litigation?

Mediation and arbitration are forms of alternative dispute resolution (ADR) that can prove both highly effective and cost-efficient under the right set of circumstances. In many cases, contract disputes will be subject to mandatory mediation or arbitration (or both) under the terms of the parties’ agreement. If the use of ADR is not mandatory, the parties to a dispute can agree to pursue mediation or arbitration rather than litigating in court. In this scenario, strategic decision-making is required, and both parties will need to work with their respective business litigation counsel to make informed decisions.

What Is Involved in Initiating a Business Lawsuit?

Initiating a business lawsuit involves much more than simply drafting a complaint and filing it in state or federal court. Prior to initiating litigation, business executives must work with their counsel to thoroughly assess the benefits, costs, risks, and any alternatives that may be available. Business executives who are contemplating litigation must look ahead to plan their strategy and anticipate potential issues as well—including, but not limited to, the risk that the defendant will file counterclaims that significantly expand the risk, time, and cost involved in the litigation.

What Is Involved in Responding to a Business Lawsuit?

Once a company files a business lawsuit, the clock starts ticking for the defendant to file a response. The response deadline varies between state and federal jurisdictions. Upon being served with a complaint, the defendant must engage counsel promptly to evaluate the complaint as well as its potential defenses, counterclaims, and third-party claims, and it must work with its counsel to strategically craft a response. If the plaintiff served discovery requests along with the complaint (as will often be the case), the defendant will need to promptly begin the process of evaluating these requests and formulating its challenges as well.

What Are the Potential Outcomes of Business Litigation?

The potential outcomes of business litigation range from dismissal of the plaintiff’s complaint with prejudice to a verdict awarding damages to the plaintiff at trial. In between, the parties can settle, the defendant can have some of the plaintiff’s claims dismissed, and the court can award injunctive relief to one or both parties. Absent a settlement agreement, if either party is dissatisfied with the outcome of business litigation at the trial level, it can continue to pursue the litigation on appeal.

Schedule an Initial Consultation With a Commercial Litigation Defense Lawyer at Oberheiden, P.C.

To speak with a member of our corporate defense team about your business dispute, please call 888-519-4897 or contact us online. We will arrange for you to meet with one of our highly-experienced defense attorneys as soon as possible.

Last Updated: 2024-04-01

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