Brazil & US Litigation Law Firm - Federal Lawyer
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U.S. Litigation Law Firm Representing Brazilian Companies and Executives

We Represent Brazilian Companies and Executives in Legal Matters Nationwide

Dr. Nick Oberheiden
Attorney Nick Oberheiden
Brazilian Companies
International Litigation Team Lead

Brazilian companies conducting business in America should be worried about litigation involving American companies and the government. Many U.S. company executives don’t hesitate to take legal action against foreign companies that have wronged them. Federal authorities are also aggressive when dealing with foreign companies and executives from South American countries like Brazil and Mexico when dealing with a variety of violations.

Oberheiden P.C. has a nationwide presence. Our law firm offers defense counsel to Brazilian companies as well as their executives. If you feel your company is being targeted unfairly or wrongfully, our seasoned federal defense attorneys can fight for you and protect you/your company against liability and many other negative consequences.

Many foreign companies lose business opportunities because of legal issues. Many Brazilian companies have been forced to close down their operations in the U.S. because of legal problems. Brazilian executives have also been expelled from the U.S. because of the same. Let’s not even mention the fines and possible jail time.

We have experienced lawyers and litigation consultants whose primary focus is handling civil disputes as well as government enforcement actions. We have defended many executives and companies in the past. We will do the same for you.

Practice Areas

Our international litigation defense team includes representation of foreign nationals, multinationals, and other types of foreign companies in all types of commercial and civil disputes involving U.S. companies, the U.S. government, U.S. law enforcement, and U.S. nationals. We will represent you in all legal issues in the U.S., ranging from lawsuits and unfair competitors to federal investigations and audits.

Civil & Commercial Litigation

We’ve defended many foreign companies in federal district courts nationwide. We represent Brazilian executives and companies as defense counsel on a variety of matters, the most notable being:

Contract litigation

Our lawyers boast of extensive experience handing contract litigation on all commercial agreements imaginable. We’ve helped many Brazilian companies deal with a variety of contractual matters ranging from supplier and vendor disputes to litigation emanating from acquisitions and other related large-scale transactions.

International arbitration

We offer legal assistance in litigation before private adjudicators. We help Brazilian companies in natural, binding, private consensual, and enforceable international arbitration (dispute resolution) that is cheaper and faster than domestic court cases.

Intellectual property litigation

We defend Brazilian companies (large and small) against allegations of trademark, patent, copyright infringement, and trade secret involving intellectual property registered in America. Our attorneys represent companies and individuals in licensing dispute, among many other intellectual property litigation cases.

Antitrust litigation

Is your firm in a private right of action civil litigation provided for under the U.S. antitrust laws that include the Clayton and Sherman Acts? Antitrust litigation comes with many unique challenges. Our law firm has the background, attorneys, and resources to tackle antitrust litigation conclusively and favorably on behalf of our international clientele.

Trade & counterfeit litigation

Brazilian companies and other international companies can be targeted unfairly by U.S. competitors. We represent such companies on all trade based disputes that range from counterfeit litigation to contractual trade disputes and litigation between competitors and related disputes.

Judgment enforcement litigation

Brazilian companies operating in the U.S. can face hostile local competitors that secure unfair judgments. If that’s the case, we have attorneys ready to defend you against enforcement actions. We also offer strategic counsel and advice on OFAC matters.

Investment & securities litigation

Investing in America can come with unique challenges for foreign companies and individuals that demand legal prowess. We have experience handling litigation involving private rights of action as per U.S. securities laws. Our lawyers also handle litigation on investments in American business enterprises.

Government Enforcement Actions & Litigation

If your company attracts attention from U.S. federal authorities, you will require a strategic defense to avoid negative consequences. While civil enforcement actions in the U.S. can result in consequences like exclusion and fines, among other penalties, criminal prosecution has more severe consequences like jail time served on U.S. soil.

We have helped many Brazilian companies and their executives deal with government enforcement actions and cases. The main types of cases we handle in this regard include:

Anti-bribery & corruption litigation

Brazilian companies doing business in America and those interested in transacting with the government must be careful to avoid FCPA cases. We have attorneys who are highly experienced in dealing with FCPA litigation on behalf of Brazilian companies with a presence nationwide.

Import & export litigation

Brazilian companies conducting business in the U.S. must comply with all federal import-export controls. Failure to comply can result in legal problems with the customs and border protection and other federal authorities. We give legal counsel to foreign companies on U.S. import-export compliance. In case you land in trouble with your imports/exports, we can defend your company/executives accordingly.

Securities litigation

If your company or executives gets into legal trouble with the Department of justice and (SEC) Securities & Exchange Commission, among other agencies like the CFTC, we can help. Our lawyers can handle allegations (securities litigation) on public company reporting to disclosure violations in regards to ICOs (Initial Coin Offers), IPOs (Initial Public offers), and more.

Tax litigation

We also represent Brazilian businesses and their executives in tax audits and related investigations involving the IRS and FinCEN tax compliance matters. Tax related issues present unique challenges. Overcoming tax evasion, tax fraud, and other tax crimes in the U.S. demands a proactive legal defense team.

Controlled substance litigation

The CSA (Controlled Substances Act) is the main legislation in the U.S. that regulates importation and sale of medicine and other drugs. Our attorneys understand the CSA thoroughly, having represented many foreign and local businesses in matters involving the (DEA) Drug Enforcement Administration.

Immigration litigation

Immigration violations are risky for foreign companies operating in the U.S. We represent such companies and their workforce on civil and criminal issues under federal law. We go as far as offering emergency representation required during ICE (Immigration & Customs Enforcement) raids, among other immigration related law enforcement actions such as undercover investigations.

Antitrust litigation

Federal enforcement in antitrust litigation is stipulated in the Clayton and Sherman Acts. We represent Brazilian companies as well as their executives in antitrust issues involving the Department of Justice, Federal Trade Commission, and other authorities.

Our federal defense lawyers have been handling a wide range of federal litigation matters, including those that aren’t discussed above. If your company, company executives, or employees are being targeted unfairly by competitors, any U.S. agency/office, or the government, contact us now.

Put our highly experienced team on your side

Our Team

View our National Network of attorneys and experts in related fields here that are dedicated in serving clients in 50+ states in America.

FAQs about International Litigation

Can U.S. companies force Brazilian companies to respond to lawsuits in the U.S.?

 

Yes. While U.S. laws, as well as court rules on jurisdiction and venue, can be incredibly complicated, U.S. companies can compel Brazilian companies to take action. Brazilian companies sued by U.S. companies need exemplary legal representation.

If you procure our legal services, we will begin by assessing if the lawsuit is viable. We will also pursue means of dismissing such lawsuits on jurisdictional grounds.

Can I (as a Brazilian Company executive) be held personally liable in commercial, civil, and criminal litigation in America?

 

Company executives in the U.S. (whether locals or foreigners) can hold personal liability in commercial and civil lawsuits. However, this applies to specific circumstances i.e., when the executive committed a wrongful or negligent act on a personal capacity. Company executives can also be held liable when the plaintiff has sufficient grounds to “pierce” the company “veil”. If an executive personally engages in crime/criminal conduct, he/she may have to deal with a federal criminal case.

Can Brazilian companies be targeted under U.S. law?

 

While the U.S. government has power to target any foreign company under U.S. law, the authority is broad and applies mostly to companies with facilities, business dealings, or employees transacting/working on U.S. soil.

Does the U.S. government have the authority to force Brazilian companies to respond to law enforcement inquiries like civil investigative demands and subpoenas?

 

Law enforcement inquiries on foreign companies and their executives are valid and enforceable in many cases. The United States Attorney’s Office and federal prosecutors are exceptional at their work. They are highly skilled and effective in getting information to support their investigations. In fact, they won’t waste time with demands they can’t enforce in a court if necessary.

However, there are exceptions. Some enforcement inquiries can be challenged on several grounds if you seek the help of seasoned attorneys. Before acting on any enforcement inquiry from the government, you should consult seasoned federal litigation defense attorneys like us.


Request a free case consultation with one of our senior federal defense attorneys by calling 888-680-1754, or chat with us online.

Further Information for Brazilian Companies (in Portuguese)

Why Clients Trust Oberheiden P.C.

  • 95% Success Rate
  • 2,000+ Cases Won
  • Available Nights & Weekends
  • Experienced Trial Attorneys
  • Former Department of Justice Trial Attorneys
  • Former Federal Prosecutors, U.S. Attorney’s Office
  • Former Agents from FBI, OIG, DEA
  • Cases Handled in 48 States
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