Jeff Oleynik is a seasoned business litigator handling a wide range of corporate disputes, many of which end up in bankruptcy court. Jeff represents his clients on disputes involving ownership, management and control of companies, and is frequently involved in antitrust matters.
When the parties to a deal are not happy with each other, and there is a disagreement about what the terms of the deal really were, businesses frequently call on Jeff for counsel. Oftentimes it is a dispute about who has to cover the losses or who gets more of the profits. Jeff’s goal is to help his client understand what legal claims they may have if the dispute is not resolved, the value of those claims, the cost of litigating those claims, and the risk of litigation. After that, he tries to help his client find the best business solution, taking into account the time and dollars that will be involved if the matter is litigated. Jeff tries to be sure that the client has explored the business solutions and understands the time and cost of litigation before making the decision to pursue or defend a claim in court.
Jeff works with a broad range of industries, including community banks, national banks, healthcare companies, physician practices, and auto dealers, and clients of all types, including closely-held corporations, franchisees, and minority shareholders. Much of the litigation he is involved with involves issues of valuation for closely held partnerships, such as physician practices.
Many “deals gone bad” have parties that end up involved in Bankruptcy. Jeff has represented companies, committees, and trustees in litigation involving officers, directors and shareholders of bankrupt companies and claims and issues concerning solvency, fiduciary duties of management, and pre-bankruptcy and the following consequences of pre-bankruptcy transactions. He helps his clients with issues such as fraudulent conveyance claims, preference claims, deepening insolvency, fiduciary duties and management.
Jeff’s practice in antitrust litigation centers on disputes between companies in the same industry who are concerned that a competitor (or sometimes a supplier, distributor, or franchisor) have engaged in an anti-competitive or just plain “unfair” business practices. These disputes often involve disagreements between franchisors and franchisees over the amount of control a franchisor can have over day-to-day operations.
The other issues that often arise involve questions around exclusive territories, non-competes, and the ability of a franchisee to sell, assign, or expand its franchise and scope of the territory. Jeff assists his clients with all of these concerns.
Jeff often litigates antitrust issues, but also consults with clients on how to avoid “crossing the line” and creating antitrust and noncompetition issues on the front end, prior to any dispute with a competitor or vendor.
Separate and apart from handing litigation over unfair competition issues, Jeff also consults clients about business practices and compliance with both federal and state antitrust laws and regulations such as Hart Scott Rudino, including analysis of Hart Scott Rudino as applied to sale of a company or joint venture of companies in the same industry.
Selected by his peers for inclusion in The Best Lawyers in America© in Antitrust Law and Bankruptcy and Creditor-Debtor Rights/Insolvency and Reorganization Law (2005-2019); Greensboro "Lawyer of the Year" in Bankruptcy and Creditor-Debtor Rights/Insolvency and Reorganization Law (2016, 2018)
Recognized by his peers for inclusion in Business North Carolina’s "Legal Elite" in Bankruptcy Law (2004-2006, 2008-2019) and Antitrust Law (2005-2010, 2012-2016, 2018)
Recognized by Chambers USA: America's Leading Lawyers for Business for Antitrust (2005-2018), Bankruptcy/Restructuring (2016-2018), and Litigation: General Commercial (2005-2017)
Recognized in North Carolina Super Lawyers (Thomson Reuters) in Bankruptcy Law (2006-2016), Bankruptcy: Business (2017-2018), Antitrust Litigation (2007-2012), and as one North Carolina's "Top 100" Lawyers (2009)
Recognized in Super Lawyers Business Edition for Bankruptcy: Business (2015)
Chair (2001-02) and Member (1996-99), Bankruptcy Section Council, North Carolina Bar Association
Chair (2004-05) and Member (1997 – present), Antitrust and Trade Regulation Council, North Carolina Bar Association
Member, American Bar Association
Member, North Carolina Bar Association
Member, American Bankruptcy Institute
Board Member, Greensboro United Arts Council
Board Member, Greensboro Children's Museum
Board Member, Bel Canto Choral Society
Board Member, Piedmont Environmental Center
Board Member, Carolina Theatre
Presenter, Business North Carolina Cybersecurity Roundtable, Raleigh, NC, November 2018.
Presenter, "A Wrench in the Gears: How to Prevent a Data Breach from Disrupting Your Operations & Customer Relationships," mfgCON 2018, Durham, NC, November 14, 2018.
Presenter, "Data Breaches & Cybersecurity," 2018 CFO/CPA Risk Management Conference, Greensboro, NC, October 16, 2018
Presenter, "Data Privacy - A Legal Assessment," CFO Roundtable event, High Point, NC, August 16, 2018
Co-presenter, "You've Been Breached: What Next?," Business North Carolina CEO Summit, Pinehurst, NC, March 27, 2018
Panelist on cybersecurity concerns for entrepreneurs, Greater Women's Business Council's POP Too! Conference, Raleigh, NC, March 9, 2017
Co-presenter (with Thomas Varnum), "Digital Marketing Blues," Raleigh Social Media Marketing Meetup, Raleigh, NC, January 18, 2017
Co-presenter (with Thomas Varnum), "Digital Marketing Blues," Internet Summit, Raleigh, NC, November 16, 2016
Presenter, “Digital Media and Marketing,” UNC Festival of Legal Learning, February 14, 2015
Presenter, “Responding to a Data Breach,” Banking Security Summit, North Carolina Bankers Association, October 16, 2014
Presenter, Digital Legal & Compliance 101 Panel Discussion, North Carolina Association of Broadcasters, June 24, 2014
Presenter, “Tax Consequences of Lobbying and Political Advocacy,” North Carolina Association of Certified Public Accountants, May 2014
Panelist, Representing Your Local Broadcaster, ABA Forum on Communications Law, April 2014
Co-author, “Commercial Free TV and Aereo: What Lies Ahead for Content Owners in the Wake of the Ninth Circuit’s AutoHop Decision,” Communications Lawyer, November 2013
Co-author, “Prior Restraint 2.0: A Framework for Applying Section 230 to Online Journalism,” 1 Wake Forest J.L.& Pol'y 75, May 2011
Co-author, “Supreme Court Rocks Campaign Finance Boat,” Triad Business Journal, 2010
Moderator, “Recent Developments in Election Law,” North Carolina Professional Lobbyists Association, October 2013
Panelist, “Copyright and the Internet: Giving Broadcasters the Cold Shoulder?” American Bar Association, Representing Your Local Broadcaster, April 2013
Presenter, “Citizens United and Corporate Political Speech: New Opportunities and Obstacles,” North Carolina Professional Lobbyists Association, October 2010
Presenter, “Indemnification, Attorneys’ Fees and Arbitration Provisions in Contracts,” North Carolina Bar Association, Business Law Section Annual Meeting, February 2010