Seasoned Federal Civil Litigation Lawyers Serving Clients Throughout the Nation
In today’s fast-paced business environment, time-consuming federal civil litigation can amount to more than just a drain on resources. It can also be a competitive disadvantage. When consistent service delivery and constant innovation are key to your business, anything that takes your focus off of your core mission is an unnecessary distraction that slows you down.
Yet, for many health care providers and other companies across a wide range of industries, litigation is a fact of life. Vendors, suppliers, partners, and employees breach contracts. Competitors misappropriate trade secrets and engage in deceptive trade practices. Hackers put your customers’ privacy and your company’s proprietary information at risk. These, and more, are all very real concerns that can instantly change a company’s trajectory, and they must be dealt with accordingly.
Experienced Federal Litigation Attorneys
At Oberheiden & McMurrey, LLP, our attorneys bring decades of high-level experience to representing business clients in complex federal civil litigation. Our Litigation Practice Group has substantial experience in high-stakes business litigation in state and federal courts across the country. For us, complicated business disputes are ordinary, cases involving complex issues of federal law are routine. Though our experience, our goal is to protect our clients’ interests comprehensively and effectively, and we rely on our extensive courtroom experience to do so as quickly as possible.
While cases involving high-value disputes and novel legal issues are more likely to go to trial, the vast majority of cases settle out of court. When representing clients in federal civil litigation, we explore all opportunities to gain leverage with the goal to secure a favorable pre-trial resolution with minimal financial burden for our client. We understand that litigation is our way of life, not yours. Our interests are fully-aligned, and we are fully-committed to achieving an efficient result that positions your company for long-term success.
Our Civil Litigation Practice
Our civil litigation practice is focused on representing corporations, limited liability companies (LLCS), partnerships, and their officers and directors in state and federal matters. Our litigators have handled numerous cases in the areas of:
- Business Litigation – When not handled properly, business litigation can severely impair your company’s operations and public perception. Relying on decades of experience in thousands of court proceedings across the country, we pursue practical solutions in cases involving breach of contract, tortious interference, partnership disputes, intellectual property disputes, and numerous other related issues.
- Health Care Litigation – Our health care litigation practice involves representing medical facilities, health care providers, durable medical equipment (DME) companies, and various other clients in business-to-business disputes as well as regulatory and governmental matters. We handle everything from insurance litigation to qui tam investigations, and we take a holistic approach designed to protect our clients’ interests from all angles.
- Privacy & Hacking Litigation – From the Health Insurance Portability and Accountability Act (HIPAA) to the Computer Fraud and Abuse Act (CFAA), there are numerous federal statutes that both create substantial risk and provide critical protection for companies in the areas of online privacy and security. We represent business clients in all types of privacy and hacking litigation. If necessary, we can take action immediately in order to mitigate the business costs and potential exposure from a breach or theft of protected information.
- Securities Litigation – We represent employers, brokers, investment advisors, executives, and professionals with securities litigation involving alleged violations of state and federal law. Our attorneys routinely handle matters involving investment fraud, breach of fiduciary duty, sales practice violations, insider trading, and related issues.
- Employment Litigation – Employment disputes can wreak havoc on a company’s internal culture and public reputation. We represent companies in litigation involving allegations of discrimination, sexual harassment, wrongful termination, violations of the Family Medical Leave Act (FMLA), and other employment law violations; and in the enforcement of employment contracts, non-compete restrictions, and other agreements.
- Emergency & Media Litigation – If your company’s reputation or viability is at risk, no legal options should be off of the table. The attorneys in our Litigation Practice Group can quickly formulate a strategy and take aggressive action to protect your company to the greatest extent possible. We are trusted crisis management advisors for companies nationwide, assisting with public relations, media intervention, expedited court procedures, and other matters.
- Trial Litigation – Our attorneys are available to provide legal representation for trial litigation across the country. We represent business clients in both state and federal court, and we have experience dealing with complex issues at all stages of the litigation process – from service and discovery to the presentation of evidence and post-judgment enforcement. As former federal government attorneys and experienced private practitioners, we offer a unique breadth of knowledge and insights that allow us to find powerful and effective strategies for protecting our clients’ interests at trial.
Answers to Frequently-Asked Questions (FAQs): State and Federal Civil Litigation
Q: When is it time to consult an attorney about potential civil litigation?
Any time you are concerned that a business dispute may ultimately lead to formal legal action, it is important that you discuss your options with federal litigation counsel. While a lawsuit is certainly one way to approach a dispute, there may be other less-costly options available as well. The earlier you get litigation counsel involved, the greater the opportunity you will have to find an informal solution that protects your company without the time and expense of litigation. While an experienced litigator will be able to assert your company’s rights in court, he or she should also be able to help you explore alternatives that do not involve setting course for trial.
Q: We took action against a former employee who breached confidentiality, and now we are facing a harassment lawsuit and a public relations nightmare. What options do we have available?
This is a potentially challenging situation, and one that requires a swift and strategic approach. While companies need to take adequate steps to protect their proprietary information, they also need to be cognizant of the practical implications of suing a disgruntled former employee in today’s world of social media and explosive media coverage.
If a former employee has filed suit alleging discrimination or harassment, or if a former employee has initiated qui tam litigation against your company, these are matters that can be addressed through formal legal procedures. If your company’s image is being battered in the public arena, we can hold the media accountable for false reporting and undertake other measures focused on crisis management.
Q: What legal remedies are available for computer hacking and breaches of privacy?
While hackers, disgruntled employees, and others who expose personal health information (PHI) and commit other privacy violations can face federal enforcement action under statutes such as the CFAA and Electronic Communications Privacy Act (ECPA), the companies that suffer financial and reputational harm due to hacking and misappropriation can take civil action to protect their interests as well. Common civil claims in business litigation involving breaches of privacy and confidentiality include:
- Invasion of privacy
- Tortious interference
At Oberheiden & McMurrey, LLP, we also routinely represent clients in computer hacking cases and privacy litigation involving:
- Children’s Online Privacy Protection Act (COPPA), 15 U.S.C. § 6501
- Computer Fraud and Abuse Act (CFAA), 18 U.S.C. § 1030
- Electronic Communications Privacy Act (ECPA), 18 U.S.C. § 2510
- Fourth Amendment to the U.S. Constitution
- Stored Communications Act (SCA), 18 U.S.C. § 2701
Q: My company has just been sued. What do I need to know about the civil litigation process?
If your company has just been sued, the first thing you need to do is make sure you have a clear understanding of the deadlines that apply in your case. You need to respond to the plaintiff’s complaint within the timeframe specified under the applicable court rules (state or federal); and, if you are going to challenge certain issues with the complaint, you may need to meet a specific deadline with regard to these challenges as well.
At this point, your company also needs to initiate a “litigation hold.” This is a systematic process of preserving hardcopy and electronic records that may potentially be discoverable in the litigation. Relevant personnel must be advised accordingly, and it may also be necessary to suspend current records-management protocols – including those that involve the deletion or overwriting of electronic files in the ordinary course of business.
Along with pre-trial motions, hearings, and settlement negotiations, complex business disputes also often involve voluminous electronic discovery. Both parties (or all parties in multi-party litigation) are entitled to request production of documents that are relevant to the litigation, and meeting your production obligation can be one of the most onerous aspects of the litigation process. However, there are various grounds for challenging discovery requests in civil litigation, and your attorneys will be able to advise you of both (i) strategies for limiting your company’s discovery obligations, and (ii) ways you can use the discovery process to gain leverage in the litigation.
Q: What are the consequences if our litigation hold fails to preserve discoverable information?
The consequences of instituting a deficient litigation hold depend upon a variety of factors, including the scope of the deficiency and the potential effects on the litigation. In cases of intentional failure or gross negligence, companies can face significant sanctions; including a potential “negative inference” based upon the perceived desire to keep certain information from the other party. Instituting and internally enforcing an appropriate litigation hold is a necessary part of the litigation process, and it is something that all companies need to do in good faith and with the guidance of experienced litigation counsel.
Q: Is it possible to pursue federal civil litigation against a company that is already facing a federal investigation?
Yes. In fact, it is common for companies that violate federal privacy, securities, antitrust, and health care laws to face parallel civil litigation and government enforcement proceedings. If another company’s illegal conduct has harmed your business, we can help you seek legal remedies in court. Conversely, if you are facing a federal investigation and have also been served with a civil complaint, we can represent you in both proceedings. In the latter scenario, it may be of critical importance to have counsel who can represent you in both matters, as decisions you make in your civil case can potentially impact your government investigation (and vice versa).
Another common scenario where private action can lead to government enforcement is qui tam (or “whistleblower”) litigation. In a qui tam case, the government investigates allegations made by a private citizen (referred to as the “relator”); and if the government decides to pursue legal action, the relator is entitled to receive a sizable portion of any restitution, fines, or other financial penalties the government collects. Qui tam actions are often filed by disgruntled former employees and competitors with ulterior motives, and with little (if any) substantive evidence. If your company is facing a qui tam lawsuit, we can take aggressive measures to intervene in the government’s investigation and seek to prevent charges from being filed.
Q: When do I need to consider taking legal action to protect my company?
As we mentioned earlier, if you are facing any potential business dispute with legal implications, seeking legal advice promptly can be the best way to avoid costly and contentious litigation down the line. Some examples of situations where it will generally be advisable to engage litigation counsel to conduct a case assessment include:
- Breaches of payment or performance obligations
- Breaches of confidentiality
- Breaches of non-competition and non-solicitation covenants
- Breaches of warranties, representations, and indemnity obligations
- Misappropriation of trade secrets
- Intellectual property infringement
- Tortious interference
- Disputes involving mergers and acquisitions
- Shareholder and partner disputes
For more information about each of these types of business litigation claims, you can read: When is it Time to Litigate? 10 Common Causes of Action in Business Litigation.
Why Business Clients Choose Oberheiden & McMurrey, LLP
With multiple meeting locations across the country, including in California, Louisiana, Michigan, New York, and Texas, our firm is strategically positioned to represent clients in complex civil federal litigation across the country. We represent health care providers and other companies in a wide cross-section of industries, and we have secured successful outcomes through settlement negotiations and courtroom litigation in a broad array of state and federal matters.
What do we believe sets Oberheiden & McMurrey, LLP apart?
The attorneys in our Litigation Practice Group have handled well over 1,000 cases in state and federal court. We are former federal government attorneys and experienced litigators whose goal is to protect clients that have suffered financial harm due to others’ actions, and that are facing damaging allegations in contentious disputes. If you need a team of lawyers who can hit the ground running and strategically protected your business, call Oberheiden & McMurrey, LLP.
2. Track Record
From our client testimonials to our published case results, we have a significant track record in complex civil litigation – a record which includes negotiating favorable settlements and taking our clients’ cases to verdict.
3. Team Approach
When your company’s financial stability and public reputation are on the line, you need a legal team that has your interests as its top priority. At Oberheiden & McMurrey, LLP, our Litigation Practice Group works as a team to ensure that each client’s case receives the attention and critical thinking it deserves.
4. Media Presence
Our attorneys have served as media contributors in their areas of practice. We have provided insights to news outlets including Fox and NBC affiliates and radio stations.
5. Unwavering Commitment
When we represent a company in civil litigation, our singular focus is on our client’s success. We aggressively pursue pre-trial and trial strategies that are custom-tailored to the unique circumstances of each individual case – and we fight relentlessly until our clients’ business interests are secure.
Contact the Knowledgeable Federal Civil Litigation Practice Group at Oberheiden & McMurrey, LLP
If you would like to speak with an attorney in our firm’s Litigation Practice Group, please call (888) 519-4897 or contact us online to schedule a complimentary case assessment. If we are not available immediately, we will respond to your inquiry as soon as possible.