Mark A. Nebrig

Mark has developed a reputation in the most sophisticated of commercial disputes and has taken many of these disputes to trial in his more than 20 years of practice. He discerningly handles matters of first impression and bet-the-company scenarios on behalf of Fortune 500 healthcare, retail, financial services, and manufacturing organizations and decisionmakers; ESOP-owned companies; corporate directors and officers; ERISA fiduciaries; financial sponsors; insurance groups, and others.

Mark, a former FINRA-licensed broker, is tenacious in representation, while also being both relatable and practical. He consistently delivers winning outcomes and trusted counsel such as:

• ERISA/ESOP class action defense against allegations of fiduciary duty breaches, asset mismanagement, and excessive fees
• Financial services class action defense against allegations such as fraud, market manipulation, and consumer protection violations
• Private equity and portfolio company representation related to stock and asset purchase transactions and enterprise valuation disputes
• Reinsurance litigation defense in matters involving coverage obligations, policy terms, and RICO violations
• Securities litigation representation involving shareholder M&A demands
• Counsel involving internal and regulatory investigations, and inquiries from FINRA, the SEC, and DOJ

Mark dedicates significant time to worthwhile pro bono and community endeavors. He created MVA’s Housing Rights Pro Bono Project, an ongoing project that has now assisted hundreds of families in the Charlotte community. He also serves on the board of the Epiphany School of Charlotte, a nonprofit that offers alternative learning opportunities and specialized curricula designed to serve the needs of students diagnosed with autism spectrum disorder and other similar communication differences.

ERISA/ESOP and Fiduciary Duty Litigation

• Earned a favorable settlement on behalf of the former president and CEO of Pilgrim’s Pride Corporation (PPC) in a longstanding putative securities fraud class action in the District of Colorado
• Representing the Central States Manufacturing, Inc. Board of Directors and ESOP Committee members in a novel Arkansas federal ERISA class action related to a $40 million releveraging transaction
• Obtained the dismissal of all ERISA violation claims brought by DOL acting secretary Julie Su against Norco Inc. founder and former CEO James Kissler
• Obtained the dismissal with prejudice of all claims against directors and officers of ESOP company PDQ related to sale to Kwik Stop
• Won dismissal of shareholder class claims attacking $27.4 billion acquisition of Lorillard, Inc. (Corwin v. Reynolds American, Inc. et al.)
• Successfully represented independent directors of a public company in the North Carolina Business Court and North Carolina Court of Appeals arising from a $48 billion acquisition; obtaining full dismissal
• 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
  

Corporate and Consumer Litigation

• Earned the dismissal of plaintiff’s claims that Clear Blue Specialty Insurance Group aided and abetted conversion and violations of the New Jersey Racketeer Influenced and Corrupt Organizations Act committed by independent insurance agents
• Successfully defended Capital Vision Services, LLC against allegations of Telephone Consumer Protection Act violations
• Successfully represented a major financial services firm in litigation involving treasury and municipal bond mark-ups and sales charges
• Earned 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
• Achieved trial win defending a major bank/financial services client against multimillion-dollar Sarbanes-Oxley and state law claims brought by a trader alleging termination for whistleblowing
• Defended Royal Bank of Canada in In re Foreign Exchange Benchmark Rates Antitrust Litigation, U.S.D.C. S.D.N.Y Case No. 1:13-CV-07789- LGS
• Achieved multimillion- dollar jury verdict in North Carolina Business Court representing shareholder of privately held manufacturing corporation (Steel Tube Rives & Associates)
• Achieved landmark asbestos estimation ruling for Garlock Sealing Technologies
• Won summary judgment defending multi-plaintiff action related to broker-dealer's lack of duty to victims of Ponzi scheme (Whittington, et al. v. Morgan Stanley Smith Barney)
• Won at trial and on appeal in dispute involving consumer class arbitration (Knox, et al. v. First Southern Cash Advance)
• Achieved multimillion-dollar jury verdict in shareholder action NC Business Court case Drymax, LLC v. Hickory Brands, Inc.
• Achieved dismissal that was upheld on appeal in Bottom v. Morgan Stanley Smith Barney
• Achieved summary judgment in Mortgage Cadence, LLC v. Urban Lending Solutions, LLC arbitration
• Achieved dismissal in North Carolina Business Court case Tong, et v. Engineous Software, Inc. et al.
• Achieved trial win in FINRA case Martin Banc of America Securities
• Achieved jury verdict in Strong Gateway Homes
• Achieved trial win in NASD case Griffin Morgan Stanley, et al.
• Achieved partial summary judgment in Rexam Inc. v. United Steel Workers of America
• Achieved trial win in NASD case Lockhart v. Wachovia Securities, Morgan Stanley, et al.

Notable

• Chambers USA - North Carolina, Litigation: General Commercial, 2025
• Legal 500 US, City Elite Rankings - Charlotte Commercial Litigation, 2025
• Named to Lawdragon’s 500 Leading Litigators in America list, 2026
• Best Lawyers in America, Commercial Litigation, 2024-2026
• Benchmark Litigation "Local Litigation Star," Commercial, Securities, 2024-2026
• North Carolina Super Lawyers, Business Litigation, 2021-2025
• Lexology Index: Recommended Lawyer, Commercial Litigation - Future Leaders - Partners, 2025
• North Carolina Lawyers Weekly Power List, Commercial & Consumer Litigation 2025
• Business North Carolina Legal Elite, Litigation, 2019, 2023
• North Carolina Pro Bono Honor Society, 2021-2022
• Legal Aid of North Carolina Pro Bono Attorney of the Year, 2010
• MVA Litigation Co-head, 2015-present
• Epiphany School of Charlotte (autism) Board Member, 2017-present
• MVA Hiring Member, 2010-2014
• MVA Housing Rights Pro Bono Project Founder / Legal Aid of North Carolina Project Liaison, 2009-2013
• MVA Attorney Development Committee Member, 2014-2016
• Autism Charlotte Board Member, 2015-2018

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