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Should You Hire Someone Internally to Handle Your Corporate Investigation?

Assembling an investigation team is the first step in the process of conducting an internal corporate investigation. While your team will include certain internal personnel, the investigation needs to be led by outside legal counsel. Here’s why.

I would recommend Nick Oberheiden and his team in a heartbeat. I was facing a legal issue that was promptly resolved by the firm. Highly recommend the expertise of the staff. Thank you.
Kirtan 2.
Kirtan 2.
Nick has been there since the beginning. Throughout this experience he has had made me feel like my case is his most important. He excels in his area of law and I would not hesitate to recommend him to anyone that needs assistance. I am honored to have had him help me through this period.
j A.
j A.
Quick response, very knowledgeable, passionate, with a caring team with real experiencewith the same federal agencies that I was corresponding with (Roger Bach!) thus making all the legal concerns understandable. I would recommend to any other health care professional or would use Nick Oberheiden again if ever needed.... Thank you!read more
Shaunna R.
Shaunna R.
I am compelled to recommend Nick Oberheiden after dealing with many blood thirsty attorneys. Nick was extremely responsive, knowledgeable, and trustworthy. His expertise and relationships in the realm of federal healthcare is great. I wish I would have called him sooner. If you are facing a federal investigation... or suit, make Nick the first call you make. He really cares and is looking out for his clients best interest. His expertise has allowed my situation that seemed so daunting to be very manageable.read more
Lisa K.
Lisa K.
I found myself in an unfortunate situation with the federal government. I hired Nick Oberheiden as my attorney and it has been a life saving decision. His expertise and knowledge along with his commitment is superior and of utmost importance in federal cases. Nick has kept his word throughout this stressful process... and helped me receive the best possible outcome. You will not regret hiring Nick and his law firm to defend you!!!read more
Amir K.
Amir K.
Over the past decade I have plenty of experience with health care and federal attorneys. The one that has stood by far above and beyond the most intelligent, thoughtful, straight-forward, and strategic in defense and actions has been Nick Oberheiden. Nick has achieved results that others claim they could not. He has... taken on circumstances that felt as if not winnable, and worked to create a positive outcome. Nick has become a rock and support person through my troubling time and a beacon of hope and action that things will come out in the best possible manner. There is no attorney that I could support more then Dr. Oberheiden.read more
Matt H.
Matt H.
Dr Nick Oberheiden is a truly excellent attorney in every way! He’s knowledgeable and responds to all phone calls and emails swiftly. He is concise, and puts information in understandable terms. He is happy to explain and clarify any confusing matters or material. He will put your mind at ease immediately. For me,... it was like a superhero was protecting and helping me through what was one of the most stressful situations of my professional life! Nick is worth every single bit of the five star rating from me, and from other clients who have given him five star reviews as well!read more
Katherine R.
Katherine R.
We needed legal service and advise, Nick Oberheiden made a bad situation better. Prompt service, responded to email , and phone calls, addressed the problem professionally and on time. Would highly recomend them.
John P.
John P.
I have conferred and worked with Nick on several healthcare fraud defense cases, representing doctors, laboratory/pharmacy owners, durable medical equipment providers and marketing companies all investigated by the U.S. Department of Justice. Nick's level of expertise when it comes to the intricacies of medicare... billing, operational regulations and corporate structure is unmatched. His experience and knowledge, combined with his high-level contacts within the Department of Justice, nationwide, make him an invaluable resource to anyone who finds themselves being investigated or audited by the Government. Nick is easy to communicate with, and goes above and beyond to make himself available to his clients and colleagues in their time of need.read more
Joseph N.
Joseph N.
From the moment we walked into Nick’s office, he made us feel safe and secure. Nick exemplifies kindness and compassion for his clients, qualities that I have found rare with attorneys. Nicks passion and expertise in Healthcare and Law are unrivaled.I strongly encourage and recommend others to use Nick.... Professionally, Nick is a Genius!read more
Shawn C.
Shawn C.
As a former supervising investigator with a large New York State agency investigating health care fraud, I have conferred with many defense attorneys over my thirty-year career. I can honestly say that I was not impressed with many of them, that is, until I met Dr. Nick Oberheiden. Not only is he an exceptional... attorney, who provides his clients with expert strategic legal guidance, he is highly regarded for his extraordinary character and integrity. Nick is extremely ethical and always has his clients' best interests at heart. Today, I am proud, honored and privileged to work with Nick in assisting him with his clients' needs, whether it is to determine if they have any criminal liability or to proactively establish a compliance program to prevent them from falling victim to any government audit/investigation. Nick works very efficiently - saving his clients time and money. So, if you are looking for an attorney to represent you or to offer you expert guidance, don't hesitate and contact Dr. Nick Oberheiden. You'll be glad you did!read more
Greg M.
Greg M.
I was a federal agent for over 30 years and have worked with many of the most successful DOJ and DoD attorneys. Dr. Oberheiden leads a team made up of the best former Federal, State, local attorneys and investigators that can quickly assess any type of federal legal matter. The collective knowledge and experience of... Dr. Oberheiden and his "Dream Team" have yielded successful outcomes in a significant number of federal legal matters which have benefited his clients time and time again! He and his team are determined to work each case to anticipate a prosecutor's case strategy and identity weaknesses in that strategy. Dr. Oberheiden is a relentless legal strategist that has earned him his favorable reputation among the legal community nationwide! If you want a reliable and results-oriented lawyer working for you, Oberheiden P.C. has my highest recommendation and confidence!read more
MICHAEL K.
MICHAEL K.
During the past year, i had the privilege to work alongside Dr. Nick Oberheiden as a team-member defending the owners of a specialty pharmacy being investigated by the HHS-OIG and the USDOJ. Thanks to Nick's leadership, knowledge and expertise, "Team Oberheiden" earned the pharmacy and its owners exoneration from... criminal and civil penalties. Case closed!read more
bill T.
bill T.
Excellent lawyer! I have been very happy with his legal services and highly recommend Dr. Nick Oberheiden.
Jakob S.
Jakob S.
Nick was extremely professional, polite, helpful, and friendly. He put my friend at ease and made us feel welcome to be with her. He answered our questions even though we were just there for support. Would definitely recommend him to anyone and would use myself if ever needed.
Jamie G
Jamie G
Nick is not smart, he is BRILLIANT! He knows the proceedings of the court extremely well and is a genius when working with prosecutors and judges!He is extremely hard working, and although I knew he was working on multiple cases, every time we dealt with mine, he made me feel that my case is the most important to... him. I will most certainly not be where I am, had it not been for Nick. I had worked with a couple of lawyers before Nick came so highly recommended to me, and I can tell you that he simply light years above them. Nick bats for the big leagues!!read more
Lorraine Emma De B.
Lorraine Emma De B.
I am a retired FBI Special Agent, who worked extensively with many attorneys. I find Dr. Oberheiden ti be very knowledgeable of the healthcare issues. He has a vast knowledge of all federal violations. He is very conscientious about the benefits of his clients. I saw him working around the continent of North America... to assist his clients. One of the great traits of the Oberheiden Law Firm, is that he tackles the allegations long before they reach the court stage. His capable staff is also very qualified and assist all clients as if they are the only client in their firm. I strongly recommend the Oberheiden Law Firm to anyone who has a federal case.read more
Gamal A.
Gamal A.
Nick is extremely professional and knows what he is doing. He is also very kind as a person (unless he is in court!) I would recommend him to just about anyone if they need an amazing lawyer that is top notch and would frankly be scary to face in the court room. He will always do a great job representing his clients.... Thank you very much.read more
Anna P.
Anna P.
Nick is the absolute top expert in any federal case
Jeff C.
Jeff C.
Smart. Smarter. Nick.As a healthcare executive, I once ran into a litigation issue. I hired Nick and, literally, before I knew it the case was resolved in my favor. Nick has an incredible presence and every lawyer in the room knows that Nick will do exactly what he says. It was a mesmerizing experience to see Nick in... action! Very calm and determined, Nick is the absolute top litigator.read more
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Whitney Bryant M.
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Pamela M.
Pamela M.
Dr. Oberheiden has served as council and represented our company on several occasions, even during depositions, contract reviews and providing invaluable advice on multiple occasions that transpired into multilevel success in our business. He and his teams knowledge of both local, state and federal statues,... accompanied by their areas of expertise law regarding best asset protection, estate planning and wealth management solutions have provided both professional and personal growth for my companies, safeguarding them and protection my family’s name and legacy. I would recommend this firm and Dr. Nick Oberheiden without hesitation. I have no doubt that you will experience success with his council.read more
Corban M.
Corban M.
I have worked with Nick Oberheiden for over ten years on various litigation matters in and around New York City. Nick is an accomplished and seasoned lawyer and litigator---efficient, reliable, practical and, at the same time, highly academic. Nick will take the time necessary to understand a client's short- and... long-term goals, and tailor his representation and advice to work toward and achieve those ends. Nick is a zealous advocate for his client, and will never sacrifice his client's interests for a quick or easy resolution to a case. At the end of the day, Nick is a great person to know if you or your business is in need of a top litigator or defense attorney.read more
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Brendan C.
When I was faced with one of the most terrifying and unexpected situations in my life, I called Dr. Oberheiden. I had vetted other attorneys and came right back to him. His knowledge, expertise, and reassuring presence made the decision easy. Throughout my case, his level of communication was what I needed and... expected. He constantly updated me on the status and progress of my case and was able to “talk me off the ledge” when the stress of it all would set in. He is simply the best of the best...there’s not a question about it.read more
Scarlett L.
Scarlett L.
Nick is a superb lawyer with exceptional skills and a formidable personality. Nick works harder, he thinks smarter, and he delivers faster than any lawyer you will ever find. Good, better, Nick!
Jacqueline S.
Jacqueline S.
1st class service. Atty. Iberheiden and Atty. Lynette Byrd were always available for us during the whole process of our Home Health Audit. Thank you so much!
Ed O.
Ed O.
I am a healthcare compliance consultant with almost 25 years of experience. The one advice I have for anyone seeking a lawyer with unbeatable healthcare law experience is to hire attorney Nick Oberheiden. For the past 8 years, I have worked with Nick on a variety of healthcare matters—from DEA compliance to DOL... supervisory rules to setting up PT and pain management clinics. I have never once seen a client not being 100% intrigued by Nick’s proven expertise in the field of healthcare structuring and compliance.Dr. S.T.read more
RAFT C.
RAFT C.
Nick Oberheiden is a spectacular lawyer, a true life saver. Nick is simply the very best!
Michael P
Michael P
Nick Oberheiden is the absolute best federal litigation attorney. Nick gives you the immediate comfort of feeling 100% protected. He is polite, respectful— and extremely compelling. His legal strategy turned out to be brilliant.
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Marshall M
Great firm, with a great firm record of experienced healthcare and litigation attorneys.
Chris A.
Chris A.

If you need to conduct an internal investigation, the key to conducting an effective investigation that serves its intended purpose of protecting your company is to ensure that the investigation is comprehensive, privileged, and unbiased. If the investigation is not comprehensive, your company will be forced to make decisions based on incomplete information, and the deficiencies in the investigative process will almost certainly be exposed in any subsequent civil litigation or government enforcement actions. If the investigation is not privileged, information uncovered during the investigation might not be protected against involuntary disclosure. If the investigation is biased – or even appears to be biased – it could very easily end up doing more harm than good.

Put our highly experienced team on your side

Dr. Nick Oberheiden
Dr. Nick Oberheiden

Founder

Attorney-at-Law

John W. Sellers
John W. Sellers

Former Senior Trial Attorney
U.S. Department of Justice

Local Counsel

Joanne Fine DeLena
Joanne Fine DeLena

Former Assistant U.S. Attorney

Local Counsel

Joe Brown
Joe Brown

Former U.S. Attorney & Former District Attorney

Local Trial & Defense Counsel

Amanda Marshall
Amanda Marshall

Former U.S. Attorney

Local Counsel

Aaron L. Wiley
Aaron L. Wiley

Former Federal Prosecutor

Local Counsel

Roger Bach
Roger Bach

Former Special Agent (OIG)

Michael Koslow
Michael Koslow

Former Supervisory Special Agent (FBI)

Chris Quick
Chris Quick

Former Special Agent (FBI & IRS-CI)

Kevin M. Sheridan
Kevin M. Sheridan

Former Special Agent (FBI)

Ray Yuen
Ray Yuen

Former Supervisory Special Agent (FBI)

Dennis A. Wichern
Dennis A. Wichern

Former Special Agent-in-Charge (DEA)

In short, internal corporate investigations need to be done right. When conducting a corporate investigation, a crucial early step is the assembly of the investigation team. Assembling a team with the right advisors and personnel will ensure that no issues go overlooked, that all sensitive information remains privileged, and that the integrity of the investigation is beyond question.

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Internal Corporate Investigations Need to be Led by Outside Legal Counsel

With these considerations in mind, internal corporate investigations need to be led by outside legal counsel. By engaging a law firm that routinely handles internal corporate investigations, you can be confident that your team is comprised of the right individuals and that the investigation will be handled appropriately. You can rest assured that the attorneys overseeing the investigation are attuned to the various unique and complex issues involved, and you will have the ability to make informed and strategic decisions at every juncture along the way.

To be clear, your investigation team will need to include certain internal personnel. At the highest level, corporate executives, board members, or general counsel will need to interface with the company’s outside counsel regarding matters pertaining to the investigation. Depending on the nature of the investigation and the specific legal and factual issues involved, certain other personnel may need to be involved.

For example, if the investigation is targeting potential financial fraud or securities fraud, then individuals in your company’s finance department may need to be involved in order to supply information to outside counsel. If the investigation is targeting a data security breach or other cybersecurity threat, then the investigation team will need to include information technology (IT) department personnel who are familiar with the company’s IT infrastructure. If the investigation has been triggered by allegations of healthcare fraud or government contract fraud, then various other internal personnel should be involved as well.

Likewise, in certain cases, efficiencies can be achieved by relying on the company’s in-house legal team. Even in-house attorneys who are not experienced in handling internal corporate investigations will often be able to handle a substantial portion of the legwork, and their inside knowledge of the company’s operations can be critical – particularly in the early stages of your outside counsel’s involvement. However, the investigation should not be handled exclusively by in-house attorneys for various reasons, including the practical matter of maintaining ongoing responsibility for the company’s day-to-day legal needs.

5 Reasons to Hire Outside Counsel for an Internal Corporate Investigation

If your company needs to conduct an internal corporate investigation, hiring outside counsel is the smart way to move forward. Here are five reasons why:

1. Determining Who Should Not be on the Investigation Team

Just as important as – if not more important than – determining who needs to be a part of the investigation is determining who must be excluded from the team. Any individual whose conduct is under investigation or who may have information about the conduct that is under investigation should be excluded. Of course, identifying these individuals may require a certain amount of investigation in and of itself. By hiring outside counsel to initiate the investigation, you can avoid the costly – and potentially embarrassing – mistake of having the alleged wrongdoer involved in the investigation of his or her own alleged misconduct.

2. Interviewing Internal Employees

During an internal corporate investigation, information will generally be acquired through a variety of different means. One of these means is interviewing internal employees. Generally speaking, when an employee needs to be interviewed regarding alleged misconduct, the interview should not be conducted by a co-worker. Instead, the interview should be conducted by outside counsel. Not only does this avoid a host of potential issues in the realm of corporate culture and employee relations, but it also ensures that the investigation will be conducted by an attorney who is fully informed about the scope of the investigation and the specific purpose (or purposes) of the interview.

3. Experience Structuring and Overseeing Internal Corporate Investigations

When the need to conduct an internal corporate investigation arises, all aspects of the investigation need to be handled properly. Any shortcomings can render the entire process futile; and, in some circumstances, they can even enhance the company’s potential liability exposure. As a result, when it comes to structuring and overseeing the investigation, experience matters. An outside attorney who routinely handles internal corporate investigations will be able to take swift and decisive action with your company’s immediate and long-term best interests in mind.

4. Establishing the Investigation’s Independence

In many respects, establishing independence is the single most-important reason to hire outside legal counsel to conduct an internal corporate investigation. Any possible implication of bias can threaten the investigation’s efficacy; and, if plaintiff’s lawyers or federal authorities begin questioning the legitimacy of the investigation, other questions are sure to follow. By engaging experienced outside legal counsel, your company can demonstrate its commitment to uncovering the truth without compromise, and you can avoid any complaints about the investigation being conducted by individuals who had their own self-interests in mind.

5. Handling Post-Investigation Matters

In an ideal scenario, an internal corporate investigation will reveal no wrongdoing, and the company will be able to resume business as usual. Unfortunately, while does happen sometimes, it is far more common for there to be post-investigation issues to resolve. By choosing a law firm that handles corporate investigations and federal defense, you can rely on your outside counsel to begin building a defense strategy while also managing the investigation, and your outside counsel can take appropriate responsive action as soon as it makes sense to do so.

5 Considerations for Choosing Outside Investigation Counsel

When engaging outside counsel for an internal corporate investigation, there are several considerations that should factor into your choice of law firms. Some of these considerations include:

  • Experience Handling Internal Corporate Investigations – First and foremost is experience handling corporate investigations. There are many aspects of these investigations that make them unique from other legal matters, so you need to choose a law firm that has particular experience in your company’s area of need.
  • Subject-Matter Knowledge Relevant to Your Business – You also need to handle a law firm that has significant experience handling substantive matters that are relevant to your company’s business operations. From government contracting to healthcare, and from securities fraud to employment discrimination, there are a broad range of issues that can necessitate internal corporate investigations.
  • Round-the-Clock Availability and Accessibility – The sooner you can resolve an internal investigation, the better. As a result, when choosing outside counsel, you need to be confident that your attorneys will be available on an as-needed basis. You also need to choose a law firm that prioritizes accessibility and open client communication.
  • Federal Disclosure, Enforcement, and Litigation Experience – Due to the potential for an internal corporate investigation to be followed by litigation or government enforcement action, it is necessary to choose a law firm that handles these matters as well. Depending on the industry in which your company operates, you may need outside counsel who are familiar with voluntary reporting and disclosure requirements as well.
  • Proven Results in Internal and Government Investigations – Finally, you want to choose a law firm that has a demonstrated history of protecting its clients’ interests during internal investigations and government enforcement matters.

Oberheiden P.C. is a federal compliance and defense law firm that represents companies in internal corporate investigations nationwide. Our attorneys have handled hundreds of investigations on behalf of private-sector clients, and several of our attorneys previously spent decades overseeing federal civil and criminal investigations as prosecutors with the U.S. Department of Justice (DOJ). Our corporate investigations team includes several seasoned investigators and subject-matter consultants as well – many of whom are former federal agents – and this allows us to offer efficient, comprehensive, and full-service representation for companies facing a broad range of federal allegations.

Speak with a Senior Attorney at Oberheiden P.C.

To discuss engaging Oberheiden P.C. to handle your company’s internal investigation, please contact us for a free and confidential case assessment. Call 888-680-1745 to speak with one of our senior attorneys directly, or send us a message online and we will respond promptly.

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