Corporate Risk Assessment and Mitigation

Mitigating risk is a key aspect of running a successful business. Our lawyers and former federal agents help our clients identify and assess risks so that they can be overcome before they lead to substantial liability and reputational harm.

For all companies, effectively managing risk is a critical to maintaining profitability. It is also a fundamental component of compliance, as knowing what your company needs to do (and when it needs to do it) is critical to meeting many statutory and regulatory obligations. For public companies and private companies with outside investors, effectively managing risk is also essential to keeping their shareholders happy, and derivative claims frequently arise out of allegations that company leaders are not doing enough to protect the company’s assets and bottom line.

Career Compliance and Defense Attorneys, Former DOJ Lawyers, and Former Federal Agents Focused on Protecting Your Company

Our firm serves as risk assessment and mitigation counsel to companies across United States. Our lawyers are seasoned professionals who bring real-world experience to identifying, responding to, and remedying threats to corporate stability. Several of our senior lawyers previously served at high levels in the U.S. Department of Justice (DOJ), and this prior experience provides direct insights into the types of risks that have the potential to lead to federal enforcement action and civil or criminal prosecution.

In addition to our former prosecutors and our FCPA lawyers who have spent their entire careers in the private sector, our team also includes several former federal agents. This includes former Special Agents, Supervisory Special Agents, and Special Agents-in-Charge with the Federal Bureau of Investigation (FBI), Internal Revenue Service (IRS) Criminal Division, and the DOJ’s Office of Inspector General (OIG). These consultants offer a unique perspective for companies in the private sector, examining issues and assessing risks in the way that only trained federal agents can.

What Risks Does Your Company Face on a Day-to-Day Basis?

All companies face risks. From the risk of customer and employee lawsuits to the risk of federal investigations targeting non-compliance with a multitude of different statutes, all companies have risks they need to overcome. The first line of defense against liability, reputational harm, and the potential for federal prosecution is an effective compliance program, and our firm provides comprehensive representation for companies nationwide.

But, what if you don’t have a complete picture of your company’s compliance obligations? What if your company is now facing new risks that it has not faced previously? What if, despite your compliance efforts, an issue has come up that requires an immediate and decisive response?

Our firm conducts risk assessments on behalf of our clients under a broad range of circumstances. Whether we have the opportunity to help you proactively avoid a liability risk or we need to assess your company’s potential exposure due to an event that has already occurred, we can act quickly to gather the information we need to advise you effectively. We can then execute a strategy that mitigates your company’s risk to the greatest extent possible. We provide these services in all areas of statutory and regulatory compliance, including:

• Antitrust Compliance
• Consumer Finance Compliance
• Data Security Compliance
• Employment Law Compliance
• Environmental Compliance
• Foreign Corrupt Practices Act (FCPA) Compliance
• Food, Drug, and Cosmetic Act (FDCA) Compliance
• Federal Trade Commission (FTC) Compliance
• Securities and Exchange Commission (SEC) Compliance
• Industry-Specific Compliance (i.e. Healthcare or Transportation Law Compliance)

Full-Service Risk Assessment and Mitigation for Proactive and Reactive Response to Threats of Corporate Loss

Within these areas of compliance, corporate risks can arise under a variety of different scenarios. Companies can also face substantial liability exposure and risk of loss due to issues such as corporate fraud, intellectual property theft, and crises as well. Our attorneys, investigators, and consultants conduct risk assessments and serve as mitigation counsel for matters including:

Commercial Disputes

Lawsuits involving suppliers, vendors, and competitors can disrupt business operations and lead to unnecessary costs. This is true whether your company needs to take legal action due to a breach or other misconduct or you need to defend against allegations of impropriety. We can investigate the underlying factual issues, advise you of the potential risks of alternative approaches to the dispute, and efficiently pursue a pre-litigation resolution.

Corporate Fraud

Corporate fraud can have a variety of direct and indirect implications, and instances of corporate fraud can escalate quickly if not handled effectively. Our attorneys have experience in a broad range of fraud-related matters, and we can help your company favorably resolve matters involving:

• Accounting fraud
• Contract fraud
• Embezzlement
• Investment and loan fraud
• Insurance fraud
• Money laundering
• Tax evasion

Crisis and Disaster Response

If any type of crisis or disaster is threatening your company’s financial stability and its public image, mitigating the risk of loss requires a swift and strategic response. We offer comprehensive crisis management representation for companies of all sizes for matters ranging from public allegations to federal allegations of large-scale fraud.

Due Diligence for Acquisitions and Other Corporate Transactions

Mitigating risk in connection with acquisitions and other corporate transactions requires full knowledge of all pertinent facts. We serve as due diligence counsel for domestic and cross-border transactions involving private and publicly-traded companies, and we utilize a litany of resources to ensure that our clients have all of the information they need to make informed decisions.

Employee Claims

Over time, employee claims become virtually inevitable. In addition to helping our clients adopt and implement protective policies and procedures, we also provide diligent legal representation for responding to employee claims of:

• Harassment
• Labor Law Violations
• Wage and Hour Violations
• Whistleblower Retaliation
• Wrongful Termination

Federal Audits and Investigations

We provide full-service legal representation for all types of federal audits and investigations. Our attorneys, investigators, and consultants have combined experience on both sides of federal investigations involving the DOJ, FBI, IRS, OIG, and all other major federal law enforcement agencies. We also have particular experience helping clients avoid substantial liability in audits conducted by federal agencies and government contractors.

Federal Statutory and Regulatory Compliance

Identifying federal statutory and regulatory compliance obligations and taking the proactive measures involved in implementing an effective federal compliance program requires a thorough assessment of your company’s risks at the federal level. With our team members’ extensive experience investigating, prosecuting, and defending against allegations of federal statutory and regulatory violations, we are well-positioned to help your company avoid costly compliance mistakes.

Hacking and Data Security Breaches

Data security continues to be a significant concern for all types of companies, both with regard to protecting their own proprietary information and with regard to protecting their clients’ and customers’ personally identifying information (PII). If your company has suffered a data breach or is facing a potential cybersecurity threat, we can act swiftly to mitigate any damage and address any federal reporting or disclosure obligations on your company’s behalf.

Intellectual Property Theft

Misappropriation of intellectual property assets can quickly lead to substantial harm for all types of companies. Whether a startup or competitor is using a confusingly-similar online branding strategy or a former employee is making use of your company’s customer list or patented technology, your response needs to be swift, strategic, and effective. We represent our corporate clients with respect to matters involving theft of all types of intellectual property, and we defend our clients against allegations of misappropriation as well. Our attorneys, investigators, and consultants handle matters involving:

• Brand identities
• Confidential information
• Copyrights
• Counterfeiting
• Licensing and distribution issues
• Patents
• Proprietary data
• Service marks
• Software code
• Trademarks
• Trade dress
• Trade secrets

Public Disclosure and Reputational Harm

In today’s world, if any issue becomes public, it has the potential to spread quickly. Companies that lose control of the narrative can suffer substantial reputational harm, and loyal customers can be lost forever. We have significant experience handling negative publicity issues on behalf of our clients, and our team can get to work immediately if your company’s reputation is on the line.

Proven Attorneys. Experienced Investigators and Consultants. Effective Results.

No matter what risk (or risks) your company is facing, our team can ensure that the consequences are no greater than absolutely necessary. We are strategic advisors and relentless advocates for our clients, and we do what it takes to make sure our clients’ interests are protected. When you choose Oberheiden, P.C. as your company’s risk assessment and mitigation counsel, you can expect:

• 24/7 responsiveness from our senior attorneys and consultants
• Strategic and practical advice based on a high level of legal experience
• Bottom-line consciousness and an emphasis on cost-effective solutions
• Recommendations backed by substantial experience in similar real-world situations
• Unwavering commitment to protecting your company regardless of the circumstances at hand

Schedule a Complimentary Initial Consultation at Oberheiden, P.C.

If you would like more information about Oberheiden, P.C.’s risk assessment and mitigation practice, we invite you to schedule a complimentary initial consultation with one of our highly-experienced senior attorneys. To request an appointment at your convenience, give us a call at 888-680-1745 or start the conversation online today.