Federal Civil Litigation Defense Lawyers
Seasoned Federal Litigation Defense Attorneys Serving Individuals & Businesses Throughout the Nation
PLEASE NOTE: We only defend individuals and businesses against lawsuits. We do not file lawsuits.
Oberheiden P.C. has hired the best attorneys from the Justice Department along with former FBI, IRS, DEA and OIG agents to protect your business! If you are facing a civil lawsuit and are in need of a highly experienced litigation defense team, contact our firm today for a free consultation! Click here to learn about the team that will fight for you and your business.
Federal Civil Litigation Team Lead
Contact Nick directlyAt Oberheiden, P.C., our experienced attorneys bring 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 and civil disputes are ordinary and cases involving complex civil litigation issues of federal law are routine. Our goal is to comprehensively and effectively protect our clients’ interests, and we rely on our extensive experience in the federal court system to do so as quickly as possible.
While cases involving high-value disputes and novel legal issues are more likely to go to trial in federal court, the vast majority of cases settle outside of the courtroom. When representing clients in federal civil litigation, we explore all options and opportunities to gain leverage with the goal of securing a favorable pre-trial resolution with minimal financial burden for our client. We understand that litigation is our way of life, not yours. We are fully committed to efficiently achieving desirable results that position your company for long-term success.
Our National Civil Litigation Defense Practice
Our civil litigation defense practice is focused on representing corporations, limited liability companies (LLCs), partnerships, and their officers and directors in need of defense at the state and federal levels. Our litigators have handled numerous cases in the areas of:
- Business Litigation – When not handled, business litigation can severely harm your company’s operations and public perception. Relying on a high level 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 a multitude of other related issues.
- Healthcare Litigation – Our healthcare litigation practice involves representing medical facilities, healthcare 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 that is designed to protect our clients’ interests from all angles.
- Securities Litigation – We represent employers, brokers, investment advisors, executives, and professionals with securities litigation involving alleged violations of state and federal law. Our federal litigation attorneys regularly handle matters involving investment fraud, breach of fiduciary duty, sales practice violations, insider trading, and many other related issues.
- Emergency & Media Litigation – If your company’s reputation or viability is at risk, you should look at every legal option that is available to you. The attorneys in our Litigation Practice Group can quickly and effectively 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, and we assist 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 United States. 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, we are here to support you. As former federal government attorneys and experienced private practitioners, we are able to provide you with a unique breadth of knowledge and insights that allow us to find strategies that are both powerful and effective, and that protect our clients’ best interests at trial.
Oberheiden, P.C. also handles cases relating to the Foreign Corrupt Practices Act, the False Claims Act, commercial litigation, complex litigation, and federal defense litigation. We do not accept cases relating to government misconduct, which includes suing police officers, prosecutors, and/or judges.
Put our highly experienced team on your side
Dr. Nick Oberheiden
Founder
Attorney-at-Law
Lynette S. Byrd
Former Department of Justice
Brian J. Kuester
Former U.S. Attorney
Former DA
John W. Sellers
Former Senior Trial Attorney
U.S. Department of Justice
Local Counsel
Joanne Fine DeLena
Former Assistant U.S. Attorney
Local Counsel
Joe Brown
Former U.S. Attorney & Former District Attorney
Local Trial & Defense Counsel
Amanda Marshall
Former U.S. Attorney
Local Counsel
Aaron L. Wiley
Former Federal Prosecutor
Local Counsel
Roger Bach
Former Special Agent (OIG)
Michael Koslow
Former Supervisory Special Agent (FBI)
Chris Quick
Former Special Agent (FBI & IRS-CI)
Ray Yuen
Former Supervisory Special Agent (FBI)
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 lead to formal legal action, it is important that you discuss all of your options with the best possible federal litigation counsel. While a lawsuit is certainly one way to approach a dispute, there are also other (less expensive) options available . The earlier you are able to get litigation counsel involved, the greater chance 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 a United States district court, they should also be able to help you explore alternatives that do not involve going to trial.
Q: We took action against a former employee who breached confidentiality, and now we are facing a 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 a lawsuit alleging discrimination, 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: My company has just been sued. What do I need to know about the civil litigation defense process?
As soon as you learn that your company is being 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 that is 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 regarding these challenges as well.
At this point, your company also needs to initiate what is called a “litigation hold.” A litigation hold 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 a significant amount of electronic discovery. Both parties (or all parties in multi-party litigation) are entitled to request the documents that are relevant to litigation be produced, and meeting this production obligation can be one of the most demanding 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. This includes a potential “negative inference” that is based upon the perceived desire to keep certain information from the other party. Instituting and internally enforcing an appropriate litigation hold is not just a necessary part of the litigation process, but also 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 healthcare 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 that have been 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
- Fraud
- 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 the Federal Litigation Attorneys at Oberheiden, P.C.
With multiple meeting locations across the country, including in California, Louisiana, Michigan, New York (including NYC), and Texas, our firm is strategically positioned to represent clients in complex civil federal litigation across the country. We represent healthcare 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, P.C. apart?
1. Experience
The attorneys in our Litigation Practice Group have handled well over 2,000 cases in state and federal courts. We are former federal government attorneys and experienced litigators whose goal is to protect clients who have suffered financial harm due to others’ actions, and who are facing damaging allegations in contentious disputes. If you need a team of federal litigation lawyers who can hit the ground running and strategically protect your business, call Oberheiden, P.C..
2. Track Record
From our client testimonials to our published case results, we have an impressive 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 best interests as its top priority. At Oberheiden, P.C., 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 federal litigation 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 always fight relentlessly until our clients’ business interests are secure.
Contact the Knowledgeable Federal Civil Litigation Practice Group at Oberheiden, P.C.
If you would like to speak with an attorney in our firm’s Litigation Practice Group, please call 888-680-1745 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.
Not all attorneys of Oberheiden, P.C. are licensed in California and nothing contained herein is meant to constitute the unauthorized practice of law.
Federal Civil Litigation Defense Lawyers Defending Corporations – Oberheiden, P.C.
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