How to Choose a Commercial Litigation Attorney

By Staff Reporter Apr 10, 2020 10:16 AM EDT

Commercial litigation can be stressful, to say the least. When your business, your assets, and your reputation are at stake, you simply cannot afford to experiment. This article, co-written by former Justice Department trial attorneys and seasoned litigators, outlines some of the features you should look for in a commercial litigation attorney to make sure that you and your assets remain secure.

About Oberheiden P.C.

What makes Oberheiden P.C. different from any other law firm? Our first unique attribute is our nationwide network of former U.S. Department of Justice (DOJ) and Federal Bureau of Investigation (FBI) officials. The second is fact that we will not use, nor charge you, for any junior lawyers, associates, paralegals, or secretaries. The third is our extensive record of success in all types of commercial litigation matters in federal jurisdictions nationwide.

When you choose our firm for your commercial dispute, you will only work with senior litigators who have proven track records, and you will have immediate and direct access to members of your litigation team at all times. You can expect a forceful defense and thoughtful, strategic, and business-minded solutions regardless of the nature of the issue at hand, as formulated and executed by:

Dr. Nick Oberheiden, Attorney and Founder
John Sellers, former Senior Trial Attorney (DOJ)
Lynette Byrd, former Assistant U.S. Attorney (DOJ)
Wilfred Rattigan, Attorney and former Unit Chief (FBI)
Elizabeth Stepp, Yale Law School, Senior Trial Attorney
Former IRS, FBI, OIG, DEA, FDA Supervisory Agents and consultants
Other senior attorneys with high-level commercial litigation experience

Our litigation practice has been featured by Bloomberg, the New York Post, Fox Business, and many other media outlets across the country. While we do not focus our litigation practice in a particular industry, we have particular experience representing clients in the healthcare, bioscience, energy and financial sectors. We also have an extensive track record of successfully defending doctors, lawyers, accountants, architects, and other professionals in professional liability and malpractice matters.

What Should You Expect in Commercial Litigation?

Commercial litigation, also referred to as business litigation, encompasses all types of legal disputes targeting or involving companies. There are many reasons why disputes may arise in the business context. Among the most-common reasons companies and business owners find themselves faced with the prospect of commercial litigation are:

Contract disputes (e.g. breach of contract, differences in interpreting a contract, disputes among business partners, and franchise disputes)
Fraud (e.g. negligent misrepresentation, fraud in the inducement, financial fraud, and theft)
Tort claims (e.g. wrongful death allegations, injury claims, and product liability claims)

In addition, a large number of businesses are sued each year by their former employees. These employment lawsuits often involve severe allegations of violations of federal law such as sexual harassment, racial discrimination, age or gender discrimination, and violations of the federal Family and Medical Leave Act (FMLA), and they can present existential threats in many cases. In all cases, engaging experienced legal counsel is essential to mitigating any potential exposure and determining whether grounds exist to file a counterclaim or third-party claim in order to shift or avoid liability.

Why Is It So Important to Hire the Right Commercial Litigation Law Firm?

All types of commercial lawsuits require an informed and strategic approach. Each year, thousands of companies collapse and go out of business as a result of mishandling litigation. Many more are forced to into bankruptcy because former employees or disgruntled partners are able to secure judgments that are far too large for the company to endure. Financial ruin as a consequence of poorly-handled litigation is a very real risk, and it is a risk that can be mitigated substantially - if not avoided entirely - with the help of experienced litigation counsel.

What Kind of Lawyer Do I Need When My Business Is Under Attack?

When your business is under attack, you need lawyers you can rely on to execute a sound defense that is custom-tailored to the circumstances at hand. You need lawyers who can hit the ground running, and who understand the unique impacts of litigation for your business. With our attorneys' experience representing clients across the country, we are able to begin working to protect our clients immediately, and we are able to offer insightful guidance with full appreciation of the business considerations involved.

Too often, companies get embroiled in costly litigation because their attorneys do not fully understand what is in their clients' best interests. Don't let this happen to you. Choose Oberheiden P.C. and let our team of senior commercial litigators steer your case toward a resolution that keeps your business moving forward.

How Can I Protect My Assets During Litigation?

For many business owners, company executives, and licensed professionals, protecting their own personal assets is understandably among their most-pressing concerns when faced with a commercial dispute. In many cases, individual owners, executives, and professionals can be at risk for personal liability.

At Oberheiden P.C., we utilize various defense strategies to protect our individual clients against having their personal assets put at risk. From working to dismiss specific claims to building the leverage needed to negotiate a favorable settlement at the company level, we evaluate and exploit all potential opportunities to keep our clients' wealth secure. If this is an issue in your case, our senior attorneys will work with you one-on-one to examine your potential liability exposure and determine how best to proceed.

The Oberheiden P.C. Difference: A Team Comprised Exclusively of Senior Trial Lawyers & Former FBI Agents

Companies, company owners, company executives, and licensed professionals hire Oberheiden P.C. when they need trial lawyers with a proven record of success in commercial litigation. At Oberheiden P.C., we take pride in adeptly handling the types of cases that keep our clients up at night, that threaten their businesses, and that jeopardize their reputations. Our litigators have tried cases across the United States, and many come from leadership positions within the DOJ where they were responsible for managing some of the largest and most-complex litigated cases in the country.

Our attorneys' litigation experience spans across all types of commercial matters and includes successfully representing clients in essentially all major industries. This includes, but is by no means limited to, securing dismissals, trial verdicts, and favorable settlements in matters involving:

Breach of Contract and Breach of Fiduciary Duty Claims
Employer and Business Defense
Financial Fraud
Health Care Law
Partner and Shareholder Litigation
Professional Malpractice

Our clients have included companies, business owners, executives, and licensed professionals who were facing allegations of workplace misconduct, contract violations, fraud, consumer fraud, healthcare fraud, financial fraud, accounting fraud, misrepresentation, misbranding, malpractice, negligence, and other wrongs. We consider it our mission to protect our clients' assets and their reputations. Here are some recent examples of our litigation results:

Defense of a $500 Million Health Care Company Against Sexual Harassment, Racial Discrimination, Breach of Contract, and Family and Medical Leave Act (FMLA) Claims in Federal Court: We got the entire case dismissed before trial by way of summary judgment in favor of our client.
Defense of a Physician Practice Accused of Healthcare Fraud Following Issuance of a Civil Investigative Demand Triggered by a Whistleblower Complaint: The whistleblower ended up with a $0 settlement and our client was cleared of all wrongdoing.
Defense of a $100 Million Company Against a Former Employee's and Competitor's Claims in Federal Court: We got the entire case dismissed before trial.

In addition to our commercial litigation experience, the former DOJ lawyers on our litigation team handled hundreds of complex and large-scale cases on behalf of the United States prior to entering private practice. We have the experience you need to litigate your case with confidence, and we can use the insights gained from our attorneys' extensive experience to cost-effectively achieve a favorable result.

What Can You Expect When You Choose Oberheiden P.C.?

Our attorneys are problem solvers. When you choose Oberheiden P.C., you will see our vision for how to resolve your case, learn about our perspective on how to protect your assets, and discover how we create solutions that makes business sense. While we are always prepared to go to court, we are often able to use our trial reputation to prevent escalation and force early settlements and dismissals.

At Oberheiden, P.C., we guarantee:

No Junior Lawyers-Unlike Almost Any Other Law Firm You Will Ever Find
No Paralegals Butchering Your Case
No Secretaries Blocking You from Speaking with Our Attorneys
Immediate Attention and Instant Responses
Thoughtful, Business-Minded Solutions Tailored to Your Company

What Should You Do Next?

If you need to speak with an attorney about a commercial or business dispute, simply give us a call or send a text message to 214-692-2171. You can also contact us about your commercial dispute online. We understand that your time is valuable and that you are seeking a quick response to your most pressing questions, and we will respond to your inquiry immediately. Our senior litigation attorneys are available around the clock, including weekends.

Description Tag: Learn why company owners, executives, and licensed professionals nationwide trust the commercial litigation attorneys at Oberheiden P.C. Call 214-692-2171 now.