Crisis Containment Program
Corporate Investigation Team Lead
Former Secret Service Agent
If your company is in crisis, you need a swift and strategic response. Our Crisis Containment Program utilizes proven tactics and methodologies to ensure that our clients’ interests are secure.
For companies in crisis, containing the issues at hand and mitigating any potential liability must take precedence over all other corporate matters. If your company’s finances, public reputation, or viability as a going concern are at risk, you need to do everything possible to lessen the damage and ensure that your shareholders’ interests are protected. Our Crisis Containment Program is designed to do exactly that.
Is Your Company in Crisis?
Corporate crises can come in many different forms. While there is no precise definition of what constitutes a corporate crisis, to paraphrase former Supreme Court Justice Potter Stewart, as a business owner, corporate executive, or in-house lawyer, “You know it when you see it.” Your company’s reputation, goodwill with clients or customers, or financial standing is in peril; and, if you do not act immediately, the consequences could be irreparable and severe.
Is your company in crisis? Some examples of corporate crises include:
- Federal agency and task force investigations
- Federal Bureau of Investigation (FBI) raids
- Whistleblower claims
- Unanticipated civil lawsuits
- Cybersecurity attacks and data privacy breaches
- Intellectual property (IP) theft and infringement
- Publicized complaints from clients or customers
- Publicized allegations of discrimination
- Fraud, insider trading, or other allegations against company executives
Oberheiden, P.C.’s Crisis Containment Program
Our Crisis Containment Program is designed to prevent crises from getting out of hand and help our corporate clients regain control of their situations. Under the program, our attorneys provide advice, counseling, and legal representation on an emergency basis until the crisis has been resolved. We can take action immediately regardless of where your company is located, and we can work around the clock to make sure that all unnecessary consequences are avoided.
The services we provide under our Crisis Containment Program include:
1. Risk Assessment
First, we need to know exactly what we are up against. We will rely on the knowledge and insights we have gained from handling well over 2,000 federal cases to assess your company’s risk and in terms of both potential allegations and potential overall liability. Even if the scope of the issue is not yet fully apparent, we can use our experience to put together a comprehensive picture of your company’s potential exposure.
2. Internal Investigation
Once we have identified the issues, our next step will be to oversee an internal investigation focused on gathering the evidence you need in order to begin making informed decisions. At this point, you need to gather as much information as possible, and you need to know the truth even if it is not what you want to hear. During the investigation, information will be shared with personnel on a need-to-know basis only, and we will generate the documentation required to provide the necessary transparency at the appropriate point in time.
3. Public Relations Management
If your company is facing a public crisis, we can manage your company’s public relations in order to mitigate the risk of substantial and long-term reputational harm. Our attorneys can advise you regarding what you should and shouldn’t say publicly, and we can work with your public relations team to craft a strategy that aligns with our ongoing legal efforts.
4. Client and Customer Relations Management
Preserving client and customer relationships during a corporate crisis is a top priority. Similar to our public relations management services, we can advise you regarding what your executives and account managers should say to your clients and customers, and we can review your product or service agreements to provide advice regarding all relevant contractual rights and obligations.
5. Emergency Litigation
We can institute emergency litigation or respond to third-party pleadings on an emergency basis if your company needs to seek (or is facing) a temporary restraining order (TRO), temporary injunction (TI), or other immediate legal remedy. We have a nationwide network of litigators who are available to provide representation in federal jurisdictions across the country.
6. Legal Hold Implementation
When faced with the prospect of civil or criminal litigation, it is necessary to institute a “legal hold” to preserve all potentially-relevant hardcopy and electronic documentation. Our lawyers can work with your internal information technology (IT) personnel and outside vendors to ensure that your company meets its obligations and cannot validly be accused of evidence destruction or spoliation.
7. Federal Investigation Defense
If your company is being targeted by federal authorities for possible civil or criminal prosecution, avoiding unnecessary consequences will involve proactively defending your company during the investigative process. Handling federal investigations is our bread and butter. Our attorneys have extensive experience on both sides of investigations involving all federal law enforcement agencies, and we have resolved the vast majority of our clients’ investigations short of charges being filed.
8. Federal Agency Communication
If your company is not yet under investigation, it may still be advisable to make contact with the appropriate federal authorities in an effort to get out in front of any allegations that may eventually trigger federal enforcement efforts. Our attorneys can communicate with the Securities and Exchange Commission (SEC), Federal Trade Commission (FTC), Food and Drug Administration (FDA), Drug Enforcement Administration (DEA), Department of Health and Human Services (DHHS), and other federal agencies on your company’s behalf in order to proactively resolve any potential concerns they may have about your company’s or employees’ actions.
9. Remediation and Compliance
If there are issues that need to be addressed, they must be addressed promptly, and they must be addressed comprehensively. Our attorneys can determine what remedial efforts are necessary, and we can assist your company with coming into full compliance with all applicable federal laws and regulations. If your company is subject to breach notification, voluntary reporting, or self-disclosure obligations, we can provide assistance with this as well.
10. Business and Reputation Restoration
Finally, once the damage has been done, our attorneys will continue to provide counseling and advice as you work toward resuming business as usual. We can help you with compliance implementation, restoring a positive corporate culture and company morale, managing client and customer relations, and preserving your company’s goodwill.
5 Keys to Effective Corporate Crisis Containment
The services we provide under our Crisis Containment Program reflect five key principles for effectively mitigating companies’ risk and liability exposure in the wake of substantial allegations of wrongdoing. As crisis containment counsel, we adhere to these principles in all aspects of our representation, and we advise our clients regarding how they can effectively implement these principles as well:
- Confidentiality – When faced with a corporate crisis, your company needs to control the flow of information to the greatest extent possible. Confidentiality should be preserved at all times, and your company should make the decisions regarding when (and if) sensitive information is shared publicly, with clients and customers, or with federal authorities.
- Comprehensiveness – From your company’s internal investigation to its federal defense strategy, all aspects of crisis containment require comprehensiveness. You need access to complete and accurate information, and you need to be prepared to protect your company and its shareholders by all means available.
- Future–Mindedness – When faced with a corporate crisis, company executives and in-house lawyers need to look beyond the short term. How will the actions you take now impact your company’s finances, reputation, and potential liability exposure in the future? What can you do in response to the crisis to put your company in a better position long-term? These are critical questions that need to be answered.
- Out–of-the-Box Thinking – While there are certain standards and best practices when it comes to crisis management, an effective response also requires out-of-the-box thinking. Unique situations call for creative solutions, and everyone involved with the crisis response team must be prepared to consider new ideas with an open mind. At Oberheiden, P.C., we excel in finding creative and innovative ways to protect our clients.
- Sound Decision–Making – Ultimately, the key to mitigating the negative consequences of a corporate crisis is sound decision-making. Company leaders need to make sound decisions based on strategic legal advice and complete and accurate information. Unless and until you know why you are making certain decisions, you simply have no way of knowing whether your current course of action is in your company’s best interests.
If your company is facing a corporate crisis, contact us now to begin making informed decisions and utilize all of the benefits of our proven Crisis Containment Program. Our attorneys are available 24/7 to speak with company owners, executives, board members, and in-house lawyers nationwide.
Speak with a Corporate Crisis Management Lawyer at Oberheiden, P.C.
A corporate crisis can threaten your company’s future. But, this does not have to be the case. Our lawyers can do what it takes to protect your company quickly and with as little damage as possible. To get started with a complimentary case assessment, call 888-680-1745 or inquire about our Crisis Containment Program online now.