Commercial Litigation Attorney

Experienced and Strategic Corporate Litigation Attorneys Nationwide

Litigating a dispute with a competitor, vendor, business partner, or other 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 commercial litigation attorneys 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, we 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 the matter at hand. We provide free initial case assessments, and our litigation defense lawyers can take action immediately if necessary to protect you or your company.

Why Choose Oberheiden, P.C. for Business or Commercial Litigation Defense

Oberheiden, P.C.’s litigation defense team brings centuries of combined legal experience to representing individual and corporate clients in complex business litigation matters. Our commercial litigation attorneys are licensed to practice in federal jurisdictions across the country, and we have represented clients in more than 40 states and counting. With staffed offices in Dallas and Houston, Texas, and 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 litigation involving all types of business-related claims and multi-million-dollar potential exposure.

As a boutique defense firm, our practice is devoted to representing executives, board members, business owners, and business entities in high-stakes litigation. Our 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 defense, we seek to take control of the litigation and ensure that our clients are never caught off guard by an unexpected turn of events.

This is Why You Are in Good Hands

Nick has been there since the beginning. Throughout this experience he has had made me feel like my case is his most important. He excels in his area of law and I would not hesitate to recommend him to anyone that needs assistance. I am honored to have had him help me through this period.
j A.
j A.
Quick response, very knowledgeable, passionate, with a caring team with real experiencewith the same federal agencies that I was corresponding with (Roger Bach!) thus making all the legal concerns understandable. I would recommend to any other health care professional or would use Nick Oberheiden again if ever needed.... Thank you!read more
Shaunna R.
Shaunna R.
I am compelled to recommend Nick Oberheiden after dealing with many blood thirsty attorneys. Nick was extremely responsive, knowledgeable, and trustworthy. His expertise and relationships in the realm of federal healthcare is great. I wish I would have called him sooner. If you are facing a federal investigation... or suit, make Nick the first call you make. He really cares and is looking out for his clients best interest. His expertise has allowed my situation that seemed so daunting to be very manageable.read more
Lisa K.
Lisa K.
I found myself in an unfortunate situation with the federal government. I hired Nick Oberheiden as my attorney and it has been a life saving decision. His expertise and knowledge along with his commitment is superior and of utmost importance in federal cases. Nick has kept his word throughout this stressful process... and helped me receive the best possible outcome. You will not regret hiring Nick and his law firm to defend you!!!read more
Amir K.
Amir K.
Over the past decade I have plenty of experience with health care and federal attorneys. The one that has stood by far above and beyond the most intelligent, thoughtful, straight-forward, and strategic in defense and actions has been Nick Oberheiden. Nick has achieved results that others claim they could not. He has... taken on circumstances that felt as if not winnable, and worked to create a positive outcome. Nick has become a rock and support person through my troubling time and a beacon of hope and action that things will come out in the best possible manner. There is no attorney that I could support more then Dr. Oberheiden.read more
Matt H.
Matt H.
Dr Nick Oberheiden is a truly excellent attorney in every way! He’s knowledgeable and responds to all phone calls and emails swiftly. He is concise, and puts information in understandable terms. He is happy to explain and clarify any confusing matters or material. He will put your mind at ease immediately. For me,... it was like a superhero was protecting and helping me through what was one of the most stressful situations of my professional life! Nick is worth every single bit of the five star rating from me, and from other clients who have given him five star reviews as well!read more
Katherine R.
Katherine R.
We needed legal service and advise, Nick Oberheiden made a bad situation better. Prompt service, responded to email , and phone calls, addressed the problem professionally and on time. Would highly recomend them.
John P.
John P.
I have conferred and worked with Nick on several healthcare fraud defense cases, representing doctors, laboratory/pharmacy owners, durable medical equipment providers and marketing companies all investigated by the U.S. Department of Justice. Nick's level of expertise when it comes to the intricacies of medicare... billing, operational regulations and corporate structure is unmatched. His experience and knowledge, combined with his high-level contacts within the Department of Justice, nationwide, make him an invaluable resource to anyone who finds themselves being investigated or audited by the Government. Nick is easy to communicate with, and goes above and beyond to make himself available to his clients and colleagues in their time of need.read more
Joseph N.
Joseph N.
As a healthcare regulatory expert consultant and witness I have worked with a lot of attorneys over the years! But only a few actually stand out and would be someone I would refer my family or closest friends to if they had a legal need. One of these attorneys is without a doubt Nick Oberheiden! Nick is extremely... knowledgeable, professional, and plays chess while the other side is playing checkers. The old adage you get what you pay for is never more truer in Nick’s case. Highly recommended when your license and/or freedom is on the line!read more
Mike S.
Mike S.
From the moment we walked into Nick’s office, he made us feel safe and secure. Nick exemplifies kindness and compassion for his clients, qualities that I have found rare with attorneys. Nicks passion and expertise in Healthcare and Law are unrivaled.I strongly encourage and recommend others to use Nick.... Professionally, Nick is a Genius!read more
Shawn C.
Shawn C.
As a former supervising investigator with a large New York State agency investigating health care fraud, I have conferred with many defense attorneys over my thirty-year career. I can honestly say that I was not impressed with many of them, that is, until I met Dr. Nick Oberheiden. Not only is he an exceptional... attorney, who provides his clients with expert strategic legal guidance, he is highly regarded for his extraordinary character and integrity. Nick is extremely ethical and always has his clients' best interests at heart. Today, I am proud, honored and privileged to work with Nick in assisting him with his clients' needs, whether it is to determine if they have any criminal liability or to proactively establish a compliance program to prevent them from falling victim to any government audit/investigation. Nick works very efficiently - saving his clients time and money. So, if you are looking for an attorney to represent you or to offer you expert guidance, don't hesitate and contact Dr. Nick Oberheiden. You'll be glad you did!read more
Greg M.
Greg M.
I was a federal agent for over 30 years and have worked with many of the most successful DOJ and DoD attorneys. Dr. Oberheiden leads a team made up of the best former Federal, State, local attorneys and investigators that can quickly assess any type of federal legal matter. The collective knowledge and experience of... Dr. Oberheiden and his "Dream Team" have yielded successful outcomes in a significant number of federal legal matters which have benefited his clients time and time again! He and his team are determined to work each case to anticipate a prosecutor's case strategy and identity weaknesses in that strategy. Dr. Oberheiden is a relentless legal strategist that has earned him his favorable reputation among the legal community nationwide! If you want a reliable and results-oriented lawyer working for you, Oberheiden P.C. has my highest recommendation and confidence!read more
MICHAEL K.
MICHAEL K.
During the past year, i had the privilege to work alongside Dr. Nick Oberheiden as a team-member defending the owners of a specialty pharmacy being investigated by the HHS-OIG and the USDOJ. Thanks to Nick's leadership, knowledge and expertise, "Team Oberheiden" earned the pharmacy and its owners exoneration from... criminal and civil penalties. Case closed!read more
bill T.
bill T.
Excellent lawyer! I have been very happy with his legal services and highly recommend Dr. Nick Oberheiden.
Jakob S.
Jakob S.
Nick was extremely professional, polite, helpful, and friendly. He put my friend at ease and made us feel welcome to be with her. He answered our questions even though we were just there for support. Would definitely recommend him to anyone and would use myself if ever needed.
Jamie G
Jamie G
Nick is not smart, he is BRILLIANT! He knows the proceedings of the court extremely well and is a genius when working with prosecutors and judges!He is extremely hard working, and although I knew he was working on multiple cases, every time we dealt with mine, he made me feel that my case is the most important to... him. I will most certainly not be where I am, had it not been for Nick. I had worked with a couple of lawyers before Nick came so highly recommended to me, and I can tell you that he simply light years above them. Nick bats for the big leagues!!read more
Lorraine Emma De B.
Lorraine Emma De B.
I am a retired FBI Special Agent, who worked extensively with many attorneys. I find Dr. Oberheiden ti be very knowledgeable of the healthcare issues. He has a vast knowledge of all federal violations. He is very conscientious about the benefits of his clients. I saw him working around the continent of North America... to assist his clients. One of the great traits of the Oberheiden Law Firm, is that he tackles the allegations long before they reach the court stage. His capable staff is also very qualified and assist all clients as if they are the only client in their firm. I strongly recommend the Oberheiden Law Firm to anyone who has a federal case.read more
Gamal A.
Gamal A.
Nick is extremely professional and knows what he is doing. He is also very kind as a person (unless he is in court!) I would recommend him to just about anyone if they need an amazing lawyer that is top notch and would frankly be scary to face in the court room. He will always do a great job representing his clients.... Thank you very much.read more
Anna P.
Anna P.
Nick is the absolute top expert in any federal case
Jeff C.
Jeff C.
Smart. Smarter. Nick.As a healthcare executive, I once ran into a litigation issue. I hired Nick and, literally, before I knew it the case was resolved in my favor. Nick has an incredible presence and every lawyer in the room knows that Nick will do exactly what he says. It was a mesmerizing experience to see Nick in... action! Very calm and determined, Nick is the absolute top litigator.read more
Whitney Bryant M.
Whitney Bryant M.
Nick has been a friend and trusted advisor for almost 10 years. As anyone just looking at his bio can tell, Nick is an outstanding attorney in highest demand across the country. All healthcare providers should hire attorney Nick Oberheiden!! You will not be disappointed.
Pamela M.
Pamela M.
Dr. Oberheiden has served as council and represented our company on several occasions, even during depositions, contract reviews and providing invaluable advice on multiple occasions that transpired into multilevel success in our business. He and his teams knowledge of both local, state and federal statues,... accompanied by their areas of expertise law regarding best asset protection, estate planning and wealth management solutions have provided both professional and personal growth for my companies, safeguarding them and protection my family’s name and legacy. I would recommend this firm and Dr. Nick Oberheiden without hesitation. I have no doubt that you will experience success with his council.read more
Corban M.
Corban M.
I have worked with Nick Oberheiden for over ten years on various litigation matters in and around New York City. Nick is an accomplished and seasoned lawyer and litigator---efficient, reliable, practical and, at the same time, highly academic. Nick will take the time necessary to understand a client's short- and... long-term goals, and tailor his representation and advice to work toward and achieve those ends. Nick is a zealous advocate for his client, and will never sacrifice his client's interests for a quick or easy resolution to a case. At the end of the day, Nick is a great person to know if you or your business is in need of a top litigator or defense attorney.read more
Brendan C.
Brendan C.
When I was faced with one of the most terrifying and unexpected situations in my life, I called Dr. Oberheiden. I had vetted other attorneys and came right back to him. His knowledge, expertise, and reassuring presence made the decision easy. Throughout my case, his level of communication was what I needed and... expected. He constantly updated me on the status and progress of my case and was able to “talk me off the ledge” when the stress of it all would set in. He is simply the best of the best...there’s not a question about it.read more
Scarlett L.
Scarlett L.
Nick is a superb lawyer with exceptional skills and a formidable personality. Nick works harder, he thinks smarter, and he delivers faster than any lawyer you will ever find. Good, better, Nick!
Jacqueline S.
Jacqueline S.
1st class service. Atty. Iberheiden and Atty. Lynette Byrd were always available for us during the whole process of our Home Health Audit. Thank you so much!
Ed O.
Ed O.
I am a healthcare compliance consultant with almost 25 years of experience. The one advice I have for anyone seeking a lawyer with unbeatable healthcare law experience is to hire attorney Nick Oberheiden. For the past 8 years, I have worked with Nick on a variety of healthcare matters—from DEA compliance to DOL... supervisory rules to setting up PT and pain management clinics. I have never once seen a client not being 100% intrigued by Nick’s proven expertise in the field of healthcare structuring and compliance.Dr. S.T.read more
RAFT C.
RAFT C.
Nick Oberheiden is a spectacular lawyer, a true life saver. Nick is simply the very best!
Michael P
Michael P
Nick Oberheiden is the absolute best federal litigation attorney. Nick gives you the immediate comfort of feeling 100% protected. He is polite, respectful— and extremely compelling. His legal strategy turned out to be brilliant.
Marshall M
Marshall M
Great firm, with a great firm record of experienced healthcare and litigation attorneys.
Chris A.
Chris A.

When you choose Oberheiden, P.C. to represent you or your company in business 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 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 litigation, you need to be aware of your strengths and weaknesses. One again relying on their vast experience, our 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, our attorneys 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 litigation if at all possible? Is it necessary to try to keep the entire case confidential? Are you more focused on ending the litigation as soon as possible; or, do you want to pursue counterclaims against the plaintiff (assuming you have counterclaims available)? Our attorneys 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 our client, your success is our top priority, and we will do everything in our power to protect you.

More About Our Commercial Litigation Practice

Cases We Handle

Our business litigation practice consists of representing clients in out-of-court settlement negotiations, ADR, and federal district court litigation involving all types of business-related disputes. 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
  • Employment litigation
  • Intellectual property 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 Attorney, Dr. Nick Oberheiden now!

888-519-4897

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 commercial 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.

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.

cases

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.

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.

Your Business 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.

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.

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