Moore & Van Allen Law Firm, Attorneys
Practice Areas
  • B.A., University of North Carolina at Chapel Hill, 1991
  • J.D., Temple University, 2002, magna cum laude; Law Review
  • North Carolina, 2002
  • All U.S. District Courts in North Carolina
  • Southern District of New York
  • U.S. Court of Appeals - Second Circuit
  • U.S. Court of Appeals - Fourth Circuit
  • U.S. Court of Appeals - Eighth Circuit
  • U.S. Court of Appeals - Ninth Circuit
100 North Tryon Street
Suite 4700
Charlotte, NC 28202-4003

Mark A. Nebrig

Member
Overview
Representative Matters
News & Events

Co-Head of the firm's Litigation practice, Mark Nebrig has extensive experience in managing complex business and securities litigation and enforcement actions.  Though he maintains a general business litigation practice serving financial services, manufacturing, and private equity clients, Nebrig has concentrations in securities litigation, SEC/FINRA investigations, shareholder disputes, and ERISA class actions.

A former licensed broker, Nebrig represents various broker-dealers in customer disputes before FINRA and advises securities industry entities involved in regulatory investigations, inquiries, and litigation.  He advises public companies and their directors in their communications and responses to the SEC and DOJ. 

In addition, he has substantive trial experience in mergers and acquisitions litigation and shareholder disputes, where he has represented both public and private corporations and their directors. 

Services Nebrig regularly provides to his clients:

  • Complex business litigation
  • Securities litigation and advisory work
  • Corporate investigations (both internal and regulatory)
  • ERISA/ESOP litigation
  • Class action litigation
  • Shareholder litigation (both public and private)

Of Note

  • Co-Head of the firm's Litigation practice
  • Hiring Member, Moore & Van Allen
  • Selected as Legal Aid of North Carolina's 2010 Pro Bono Attorney of the Year
  • Former Coordinator of MVA/ Legal Aid of North Carolina landlord/tenant pro bono partnership
  • Member- Attorney Development Committee, MVA
  • Board Member- Autism Charlotte
  • Board Member- Epiphany School of Charlotte

Representative Matters

  • Currently representing and advising large international bank in various consumer antitrust class actions related to foreign exchange market conduct.
  • Successfully represented independent directors of public company in the North Carolina Business Court and in the North Carolina Court of Appeals arising from a $48 billion acquisition; obtaining full dismissal.
  • Successfully represented major financial services firm in litigation involving treasury and municipal bond mark-ups and sales charges.
  • Appellate win defending consumer class action related to enforceability of arbitration and class waiver provisions in North Carolina in the state’s first post-Concepcion decision.
  • Trial win defending a major bank/financial services client against multi-million dollar Sarbanes-Oxley and state law claims brought by a trader alleging termination for whistle-blowing.
  • Successfully prosecuted one of the few defendants’ class actions related to legacy union benefits and their vesting under ERISA in U.S. district courts in Minnesota, Ohio, and California. 
  • Defense of substantial manufacturing and retail clients related to alleged breaches of fiduciary duties under ERISA for both ESOP and 401(k) Plans.
  • Representation of public and private company Special Litigation Committees involving shareholder demands related to mergers & acquisitions activity.
  • Representation of private equity clients and their portfolio companies related to stock and asset purchase transactions as well as enterprise valuation disputes.

REPRESENTATIVE CASES

  • Defending Royal Bank of Canada inIn re Foreign Exchange Benchmark Rates Antitrust Litigation, U.S.D.C. S.D.N.Y Case No. 1:13-CV-07789-LGS.
  • Corwin v. Reynolds American, Inc. et al., NC Business Court case no. 14-CVS-8130 (won dismissal of shareholder claims attacking $27.4 Billion acquisition of Lorillard, Inc.)
  • In Re: Garlock Sealing Tech. LLC, et al., WDNC (Bankr.) case no. 10-BK-31607 (achieved "landmark" asbestos estimation ruling)
  • Whittington, et al. v. Morgan Stanley Smith Barney, NC case no. 12-CVS-01206 (won summary judgment defending multi-plantiff action related to broker-dealer's lack of duty to victims of Ponzi scheme)
  • Knox, et al. v. First Southern Cash Advance, North Carolina case no. 05-CVS-445; NC Ct. App case no. 12-604 (won appeal involving consumer class arbitration)
  • Drymax, LLC v. Hickory Brands, Inc., NC Business Court case no. 11-CVS-933 (achieved multi-million dollar jury verdict)
  • Bottom v. Morgan Stanley Smith Barney, North Carolina case no. 11-CVS-824 (achieved dismissal, upheld on appeal)
  • Mortgage Cadence, LLC v. Urban Lending Solutions, LLC, Arbitration case no. 2012-1300A (achieved summary judgment)
  • Tong, et al. v. Engineous Software, Inc. et al., NC Business Court case no. 11-CVS-001522  (achieved dismissal)
  • Martin v. Banc of America Securities, FINRA case no. 08-00319 (achieved trial win)
  • Strong v. Gateway Homes, case no. 06-CVS-7672 (achieved jury verdict)
  • Griffin v. Morgan Stanley, et al., NASD case no. 05-00387 (achieved trial win)
  • Rexam Inc. v. United Steel Workers of America, 2006 WL 2530304 (D. Minn.)  (achieved partial summary judgment)
  • Lockhart v. Wachovia Securities, Morgan Stanley, et al., NASD case no. 03-08862 (achieved trial win)