Dr. Nick Oberheiden

Nick Oberheiden – Whistleblower Attorney

Dr. Nick Oberheiden, whistleblower litigation attorney

Dr. Nick Oberheiden is the founding partner of the national law firm for whistleblowers, Oberheiden P.C., and a leading lawyer at the firm. Numerous whistleblowers of all sorts have relied on Nick’s legal advice and practical guidance as they gather evidence of illegality or misconduct in order to report it to authorities. With Nick’s help, they have brought extremely important information to light, secured large whistleblower awards, and protected their jobs while doing it.

Practice Areas

Whistleblower law is a unique legal landscape because it focuses on the process of a case rather than on the substance underlying it.

Whistleblower cases are only tied to one another in that they are the process by which a private citizen can bring evidence of unlawfulness to a state or federal law enforcement agency and, generally, can file the lawsuit on behalf of the government if the agency chooses not to intervene and take the case over. The substance of those whistleblower claims can vary widely. Just a few of the types of whistleblowers that Nick represents are:

These whistleblowing clients have relied on Nick’s legal representation to guide them through all of the aspects of their extremely complicated claims, including:

  • Conducting a preliminary investigation
  • Presenting the evidence to law enforcement
  • Pursuing a qui tam claim
  • Collecting a whistleblower award
  • Fighting back against workplace retaliation

The Preliminary Investigation

Nick’s experience representing numerous whistleblowers in the past is especially important during the preliminary investigation. This is when the whistleblower gathers incriminating evidence with the intention of presenting it to law enforcement.

These investigations are delicate endeavors where whistleblowers need to balance the value of the evidence they are trying to obtain with the risks of being discovered. The lessons that Nick has learned in past cases are often said to be invaluable. 

Urging the Government to Intervene

Once a whistleblower’s preliminary investigation has obtained enough incriminating evidence to strongly support their allegations, the next step is to approach the appropriate law enforcement agency. Which agency this will be will depend on the nature and substance of the claim.

The exact process may vary depending on the type of whistleblower claim that you are bringing. For example, in some cases you would start by filing a qui tam lawsuit in federal court but under seal. This would mean that you claim is a secret, but the government agency is aware of it and can investigate your allegations. In other cases, the government agency has its own portal for receiving whistleblower claims.

Regardless, though, it is extremely important to have as strong of a case as you possibly can before advancing to this stage.

If the government decides to intervene in your case, they will take it over and there will be relatively little for you to do afterwards.

Filing the Qui Tam Claim

If the government does not intervene in your case, it will be up to you to see it through. If you have not already done so, you would file your whistleblower lawsuit as a qui tam claim in court and prosecute it on behalf of the government.

These cases are generally eligible for a larger whistleblower award if they recover a financial settlement or verdict. However, the amount of time and resources that they will require will be far higher than if the government took it over.

In some types of whistleblower claims, though, acting on behalf of the government is not an option. In these cases, if the government declines to intervene, that is the end of your case.

Collecting the Whistleblower Award

If your whistleblower case secures a financial penalty, then you are entitled to a share of it. Receiving that share, and ensuring that it is a share of the case’s proceeds that reflects the amount of work that you put into it, can take legal representation.

Fighting Retaliation

In addition to representing whistleblowers in their legal efforts to bring incriminating evidence to light, Nick also helps them fight back against workplace retaliation. It is not uncommon for whistleblowers to face blowback from their employer for taking action. Such retaliation is unlawful, though, and whistleblowers can file wrongful termination and other employment claims that can recover substantial damages in addition to their lost wages.

The Types of Whistleblowing Clients that Nick Represents

Whistleblowers come from all walks of life. Generally, they are employees of the company that is committing the misconduct that they are blowing the whistle on, or work for a contractor providing services to that company. However, that is not always the case.

Just a few of the types of people that Nick represents in whistleblower claims are:

  • Engineers
  • Accountants
  • Securities professionals, including broker-dealers
  • Administrative clerks
  • Data analysts
  • Business owners
  • Mechanics
  • Information technology (IT) professionals
  • Construction workers
  • Lawyers
  • Doctors and other healthcare professionals

The thing that this wide range of professionals all have in common is that they have gotten access to what they reasonably believe to be evidence of misconduct and want to bring it to light.  

Oberheiden P.C.: A National Law Firm for Whistleblowers

As a firm, Oberheiden P.C.’s lawyers are spread out across numerous law offices in nearly every major city in the U.S. While Oberheiden P.C. is headquartered in Texas, its senior-level lawyers can represent whistleblowers nearly anywhere.

Where Nick Practices Whistleblower Law

Dr. Nick Oberheiden is licensed to practice the law in federal district courts across a broad swath of the country, including in major coastal jurisdictions as well as much of the South and Midwest:

  • Arkansas
  • Colorado
  • Illinois
  • Indiana
  • Michigan
  • Missouri’s Eastern District, which includes St. Louis
  • Nebraska
  • New Mexico
  • New York’s Eastern District, which includes Long Island, Brooklyn, and Queens
  • New York’s Southern District, which includes much of Westchester and Manhattan
  • North Dakota
  • Oklahoma
  • Texas
  • Wisconsin

These areas include some of the biggest cities in the U.S., including:

  • Albuquerque
  • Ann Arbor
  • Austin
  • Bismarck
  • Boulder
  • Chicago
  • Dallas
  • Denver
  • Detroit
  • Fargo
  • Fort Worth
  • Houston
  • Indianapolis
  • Lansing
  • Madison
  • Milwaukee
  • New York City
  • Oklahoma City
  • Omaha
  • San Antonio
  • Santa Fe

But these are just the federal district courts in which Nick can represent you. These are the courthouses that would handle all the pre-trial affairs of your case as well as the trial, if it comes to that. Many whistleblower cases get appealed. Dr. Nick Oberheiden is also licensed to practice before the following federal appeals courts, known as Circuit Courts:

  • Second Circuit, which covers the following states:
    • Connecticut
    • New York
    • Vermont
  • Fifth Circuit, which includes:
    • Louisiana
    • Mississippi
    • Texas
  • Sixth Circuit, which covers the following four states:
    • Kentucky
    • Michigan
    • Ohio
    • Tennessee
  • Ninth Circuit, which has jurisdiction over:
    • Alaska
    • Arizona
    • California
    • Hawaii
    • Idaho
    • Montana
    • Nevada
    • Oregon
    • Washington
  • Eleventh Circuit, which hears appeals from:
    • Alabama
    • Florida
    • Georgia

Finally, Dr. Nick Oberheiden is licensed to practice and represent clients before the Supreme Court of the United States in Washington, D.C.

Nick’s Educational Background

Dr. Nick Oberheiden attended and graduated from the University of California, Los Angeles (UCLA) School of Law, where he was a research fellow and where he won the Morris Greenspan Award for Excellence in International Law. He also externed at the Office of the Prosecutor, in the International Criminal Tribunal for the Former Yugoslavia (ICTY), at The Hague, Netherlands.

After graduating from UCLA with his juris doctorate (J.D.), Nick went to Germany to get both a Diplom Jurist, a master’s level law degree, from the Universities of Munich, Hamburg, Bochum, and a Ph.D. from the University of Heidelberg School of Law. His doctoral thesis analyzed and compared several methods of interpreting constitutional law, and included personal notes from the Chief Justice of Brazil as well as former U.S. Supreme Court Justice Stephen Breyer.

Dr. Nick Oberheiden in the Media

Whistleblower cases – particularly those involving large sums of money or extraordinary conduct – frequently make it to the media. For the whistleblowers themselves, this can be a welcome moment of vindication and fame, or it can be more noise than they can handle, or it can even be a threat to their well-being.

Dr. Nick Oberheiden understands this and works with his clients’ best interests at heart, whatever they may be. Even for clients that want to avoid the spotlight, though, managing the media is often a necessary part of a whistleblower claim. The good news is that Nick is very familiar with the demands of the press, having been interviewed over 1,500 times for TV, radio, and newspaper outlets, including widely recognized ones like:

  • Bloomberg
  • NBC
  • Fox News
  • CNBC
  • The Los Angeles Times
  • The Wall Street Journal
  • Forbes Magazine

Whether you decide that you want to play up your role as a whistleblower or downplay it, Dr. Nick Oberheiden can take the steps necessary to make that happen.

WordPress Lightbox