Corporate Defense

Our Senior Lawyers Serve as Corporate Defense Counsel for Companies Facing Private Civil Litigation, Federal Enforcement Litigation, and Government Investigations

Attorney Nick Oberheiden
Corporate Defense
Business Litigation Team Lead

Companies face litigation risks on a daily basis. From allegations of employees misusing competitors’ intellectual property to allegations of company executives trading on material nonpublic information, all types of issues can – and do – lead to litigation for companies of all sizes.

Oberheiden P.C. is a corporate defense law firm with nationwide capabilities. Our senior trial lawyers have extensive experience defending companies in civil and criminal litigation at the federal level. We serve as defense counsel for federal investigations as well, including congressional investigations and investigations conducted by the U.S. Securities and Exchange Commission (SEC) and other agencies.

Corporate Defense for Private Civil Litigation

Civil litigation involving private parties presents a risk of substantial liability exposure for companies accused of corporate wrongdoing. At Oberheiden P.C., we defend companies in all types of private civil litigation, including matters involving:

Antitrust and Securities Law Claims

Federal antitrust and securities laws give individuals and entities a private right of action to enforce companies’ compliance obligations. We defend corporations accused of antitrust and securities law violations in private civil litigation, including litigation involving allegations such as unlawfully restraining competition, monopolizing through mergers and acquisitions, and making false or misleading public disclosures.

Class Action Lawsuits

We defend companies in class action litigation involving alleged consumer protection violations, product defects, and other mass tort claims. These cases often require a coordinated nationwide defense, and our nationwide network of trial lawyers has the capabilities and resources required to effectively represent companies in class action litigation and multi-district litigation (MDL) in all 50 states.

Contract Disputes

Our corporate defense lawyers provide representation for contract disputes involving all types of business and commercial agreements. Whether your company is being accused of failure to pay, failure to perform, breach of warranty, or any other contractual default, we can use our experience to defend against the allegations by all means available.

Cybersecurity Breach Litigation

Cybersecurity breach litigation has become much more prevalent in recent years. We defend companies accused of failing to adequately protect their customers’ and employees’ data in litigation throughout the United States. We assist companies facing breach-related litigation with incident response and cybersecurity compliance as well.

Intellectual Property (IP) Disputes

Intellectual property disputes involving alleged misappropriation and infringement of copyrights, patents, trademarks, and trade secrets will often involve claims for injunctive relief and substantial damages. As a result, for companies accused of misappropriation or infringement, building a swift and strategic defense needs to be a top priority. If your company is facing IP-related litigation, our senior corporate defense lawyers can get to work protecting your company’s interests immediately.

Labor and Employment Law Disputes

We defend companies of all sizes in labor and employment law disputes. This includes disputes involving unionized and non-unionized labor issues, as well as individual employees’ claims for harassment and wrongful termination. We also defend companies in personal injury and wrongful death litigation involving work-related accidents.

Shareholder Disputes

Corporate shareholder disputes can arise under a broad range of circumstances. We serve as corporate defense counsel for individual shareholder claims and shareholder derivative lawsuits. Like other types of litigation, shareholder disputes have the potential to lead to both financial and reputational harm, and achieving an efficient and favorable result can be critical to protecting a company’s viability as a going concern.

Corporate Defense for Federal Government Litigation

Along with defending companies in private lawsuits, we also serve as corporate defense counsel for federal government litigation. Our senior trial lawyers have extensive experience in this area, and many of them prosecuted corporate defendants at the U.S. Department of Justice (DOJ) before entering private practice. Our experience in federal government litigation includes successfully representing companies accused of:

Consumer Fraud
False Claims Act (FCA) Violations
Foreign Corrupt Practices Act (FCPA) Violations
Government Procurement and Contract Fraud
Immigration Law Violations
Import and Export Law Violations
Health Care Fraud
National Security Violations
Public Corruption and Bribery
Securities Fraud (including Insider Trading)
Tax Evasion and Tax Fraud
Wire Fraud, Mail Fraud, Money Laundering, and Other Federal Crimes

We handle both civil and criminal government litigation on behalf of corporations nationwide. While our corporate defense lawyers work to negotiate settlements and plea deals when warranted, we do not hesitate to litigate against the DOJ when necessary. As many of our lawyers previously worked for the DOJ, we are intimately familiar with the federal government’s litigation strategies, and we are able to use this familiarity to our clients’ advantage.

Corporate Defense for Federal Government Investigations

Another significant aspect of our corporate defense practice involves representing companies in federal government investigations. We have successfully represented corporate clients in federal matters involving all major investigative authorities. This includes (but is not limited to) investigations involving:

Congressional Standing Committees (House and Senate)
Drug Enforcement Administration (DEA)
Federal Bureau of Investigation (FBI)
Internal Revenue Service Criminal Investigations (IRS CI)
Office of Foreign Assets Control (OFAC)
U.S. Department of Homeland Security (DHS)
U.S. Department of Justice (DOJ)
U.S. Federal Trade Commission (FTC)
U.S. Food and Drug Administration (FDA)
U.S. Immigration and Customs Enforcement (ICE)
U.S. Secret Service (USSS)
U.S. Securities and Exchange Commission (SEC)

If your company is the target of a federal government investigation, engaging corporate defense counsel promptly will afford the greatest opportunity to close the investigation without an indictment. At Oberheiden P.C., we have been successful in helping the vast majority of our clients avoid charges when they have engaged us during the investigative process.

As with all corporate defense matters, successfully defending against a federal government investigation requires a coordinated and strategic approach. It also requires a clear understanding of the laws and regulations that govern companies’ responses to subpoenas, civil investigative demands (CIDs), and other investigative mechanisms. With experience on both sides of high-stakes federal corporate investigations, our lawyers and consultants are well-versed in federal targets’ legal rights and obligations, and we rely on this knowledge to steer our clients’ investigations toward quick, favorable, and discrete resolutions.

FAQs: Defending Your Company Against Civil or Criminal Allegations at the Federal Level

When Should a Company Engage Corporate Defense Counsel?

Companies should engage corporate defense counsel at the first sign of a potential lawsuit, investigation, or federal complaint. In many cases, it will be possible to avoid litigation with a proactive and strategic approach. If the allegations against a company are misguided, showing that this is the case can lead to a swift and favorable resolution. If there is cause for concern, then quickly formulating a targeted defense strategy will be essential for mitigating any potential liability.

What Do I Need to Do if My Company is Being Sued?

In addition to engaging corporate defense counsel, there are several additional steps owners and executives need to take when their companies are being sued. For example, they must promptly institute a “litigation hold” to ensure that all relevant documentation is preserved. They must also quickly evaluate possible defenses and counterclaims (if relevant), and they must ensure compliance with any applicable reporting or disclosure requirements. If the company is subject to any continuing litigation risks (i.e., if hackers still have access to the company’s network or the company’s billing procedures remain flawed), these risks must be addressed immediately as well.

What Penalties Can a Corporation Incur as the Result of a Federal Investigation?

The penalties a corporation can incur as the result of a federal investigation depend on the specific allegations at issue. In some cases, corporations will be at risk for administrative or civil penalties (i.e., loss of registration or fines). In other cases, however, corporations can face criminal prosecution—and their owners, executives, and board members can potentially face criminal prosecution as well.

What Defense Strategies Can Companies Use to Defend Against Substantiated Allegations?

If your company needs to defend against substantiated allegations (i.e., if your company has breached a contract or violated federal securities laws), the best path forward will depend on the circumstances at hand. In some cases, it will still be possible to pursue a complete defense. In others, pursuing a settlement may be the best approach; or, it may be advisable to pursue “bet the company” litigation at trial.

Is It Important to Choose a Corporate Defense Firm with Federal Experience?

Yes, when facing a federal investigation or litigation in federal court, it is extremely important to engage corporate defense counsel with relevant experience. Federal investigations and litigation are very different from matters handled at the state level. Engaging a corporate defense firm that regularly represents corporate clients in federal matters will help maximize your company’s chances of a favorable outcome.

Speak with a Senior Corporate Defense Lawyer at Oberheiden P.C.

Does your company need corporate defense counsel for federal litigation or a federal investigation? If so, we encourage you to contact us promptly. To discuss your company’s legal needs with a senior corporate defense lawyer at Oberheiden P.C. in confidence, please call 888-680-1745 or request a call online now.