Dr. Nick Oberheiden
Dr. Nick Oberheiden is a securities litigation attorney and founding partner of Oberheiden P.C., a national defense firm that represents both individuals and entities who have been accused of securities misconduct. Nick has helped numerous securities professionals and firms handle serious allegations of fraud and other forms of financial wrongdoing in ways that insulates them from legal liability, protects their business and career, and secures their future.
Securities litigation is an infamously nuanced field of law. Numerous law enforcement agencies have a hand in regulating securities companies and professionals, and some of these agencies are not even completely a part of the government. But many securities litigation cases involve totally private actors, rather than these regulatory agencies.
As a result, there is a wide range of allegations that fall under the realm of securities litigation. Nevertheless, Dr. Nick Oberheiden has helped his clients through nearly all of them. Some of the most common legal scenarios that Nick has handled have involved:
- Defending against the Consumer Financial Protection Bureau (CFPB)
- Foreign Corrupt Practices Act (FCPA) allegations
- Investigations by the Federal Deposit Insurance Corporation (FDIC)
- Investigations by the Financial Industry Regulatory Authority (FINRA)
- Securities fraud
- Accounting fraud
- Mutual fund fraud
- Cryptocurrency fraud
- Stock fraud
- Insider trading
- Money laundering
- Misrepresentation or omission
- Falsifying or forging financial statements
- Allegations of Ponzi Schemes
- Subpoenas by the Federal Bureau of Investigation (FBI)
- Subpoenas by the Securities and Exchange Commission (SEC)
- Many other forms of white collar crimes
Some of these allegations have come in the form of lawsuits by private parties. Others were administrative enforcement actions that carried huge fines and professional repercussions. Still others were criminal in nature and brought with them the threat of prison time. All of them had the potential for escalating into something far more severe than it had started out. With Nick’s legal advice and defense, numerous clients have successfully fought back against these allegations or obtained an outcome that they could live with.
Additionally, Nick has helped lots of clients avoid these precarious legal situations by helping them achieve a level of compliance that forestalls any serious investigation. This has included:
With Nick’s help, numerous securities professionals and firms have taken the steps necessary to insulate themselves from private or public intrusion and allegations of wrongdoing. By taking compliance seriously, these clients have been able to focus on their securities work, helping their own clients manage and build their wealth.
Representative Clients in Securities Litigation
Nick legally represents clients of all sorts in securities litigation situations. This includes both individuals as well as corporate entities. Both types of defendants or suspects can be accused of serious wrongdoing in the securities profession, and can desperately need the experienced legal help of a securities litigation defense lawyer like Nick.
Some of the individuals that Nick has commonly represented in the past have included:
- Bank representatives
- Insurance agents
- Investment advisers and representatives
- Financial planners
- Employee benefits specialists
- Mutual fund counselors
Some of the most common securities firms and corporate entities that Nick has represented in securities litigation have included:
- Broker-dealer firms
- Investment firms
- Mutual funds
- Limited liability companies (LLCs)
Some of these corporate defendants actively engage in securities trading. Others, however, are facing securities litigation over a wide variety of situations where the company’s stock is evolving, like in a merger or acquisition or in an initial public offering.
Representing such a wide variety of clients in securities litigation cases has helped Nick fully understand how these allegations affect everyone involved, both during the litigation process and after it. This is something that many other securities litigation defense lawyers overlook: The legal case is not the only threat to a securities professional or firm.
If pursued civilly, the legal case can carry massive financial judgments, civil penalties, disgorgement, and huge restitution payments. If pursued criminally, it can also carry criminal fines and even a prison sentence for individual defendants. Even administrative securities litigation cases can lead to hefty fines and professional sanctions, up to and including a lifetime bar from the securities industry. Additionally, cases can escalate or de-escalate from one type to another depending on the evidence discovered.
However, regardless of how the case progresses through the legal system, you and your firm can face fierce blowback in the business world. Your reputation as an upstanding broker or securities professional can be forever tarnished by even a groundless allegation of wrongdoing that is eventually proven to be false. Companies that have their brand smeared by accusations of misconduct in the securities field may find themselves spending hundreds of thousands of dollars to rehabilitate it.
Nationwide Representation in Securities Litigation
One thing that you can count on from Oberheiden P.C. is their availability to represent you or your company in securities litigation. Oberheiden P.C. is a national law firm that has lawyers and law offices in nearly every state and major city. While the law firm is based in Texas, all of the attorneys at these satellite offices are senior lawyers with extensive experience defending clients in securities litigation claims.
Wherever you are, the securities litigation team at Oberheiden P.C. can provide the legal representation that you need.
Dr. Nick Oberheiden’s ability to practice law and defend securities firms and personnel against allegations of wrongdoing is nearly as broad as Oberheiden P.C.’s. Nick can personally act as your defense lawyer in federal district court in the following eleven states:
- New Mexico
- North Dakota
Additionally, he has license to practice before the following three district courts:
- Missouri’s Eastern District
- New York’s Eastern District
- New York’s Southern District
This means that clients throughout the Midwest and in New York City can count on Nick’s legal representation, including in the following cities where securities trading happens most frequently:
- Ann Arbor
- Fort Worth
- Oklahoma City
- San Antonio
- Santa Fe
In addition to these federal district courts, Nick is also licensed to practice law in front of the Supreme Court of the United States, as well as the following appellate courts:
- Second Circuit, which covers the following states:
- New York
- Fifth Circuit, which oversees:
- Sixth Circuit, which covers:
- Ninth Circuit, which hears appeals in the following states:
- Eleventh Circuit, which has appellate jurisdiction over:
This appellate jurisdiction is especially important. It means that, should you choose to appeal the outcome of your securities litigation case, Nick can represent you in that appeal in many states where he was not available to represent you at trial. Tapping into his wealth of knowledge and familiarity with securities law at this juncture is just as important as when the case was before the district court.
Securities litigation is fought both inside and outside of the courtroom. Even absolute victories in the legal system can be irrelevant if the allegations – groundless as they are proven to be – gain so much traction with the public that your career is functionally over or your firm’s brand is irretrievably harmed.
This is why part of Dr. Nick Oberheiden’s legal representation is in media relations. He knows that your business relies on its reputation. Only a small part of protecting that reputation occurs in the courtroom. To help you get ahead of the narrative and defend your company’s reputation in the eye of the public, Nick has put together a long list of media appearances that have solidified him as a thought leader in securities cases. Those appearances have come on radio, TV, and in newspapers, including nationally recognized outlets like:
- Fox News
- Forbes Magazine
- Los Angeles Times
- The Wall Street Journal
All told, Nick has been interviewed over 1,500 times by journalists, who see him as a trustworthy source of information for ongoing legal cases.
Dr. Nick Oberheiden’s experience in securities litigation comes after a long and rewarding educational career.
While in law school at the University of California, Los Angeles (UCLA), Nick was busy. He won the Morris Greenspan Award for Excellence in International Law, worked in The Hague, Netherlands, as an extern for the Office of the Prosecutor, ICTY, and was a research fellow. After graduating with his J.D., he received a Diplom Jurist, or a master’s level law degree, from the Universities of Munich, Hamburg, Bochum, in Germany. He also earned a Ph.D. from the University of Heidelberg School of Law, which he capped off with a thesis on the interpretive methods for reading constitutional documents. That thesis included personal input from former U.S. Supreme Court Justice Stephen Breyer as well as the Chief Justice of Brazil.