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
Presentation, "Trademarks: How Much and How Long?" HQ Greensboro, November 16, 2017
Speech, "Legal Issues for Artists," ArtsRevolution by UNC Greensboro's Entrepreneurship Center, April 2017
Speech and CLE, "Recent and Interesting Developments in Trademark and Trade Secret Law," University of North Carolina Law School Festival of Legal Learning, February 2017
Moderator, "How to Identify and Contract with a Cloud Services Provider That You Can Really Trust," ABA Intellectual Property Roundtable (Raleigh, NC, December 2016)
Speech on copyright law, UNC Greensboro Masters of Fine Arts Program class, October 31, 2016
Speech, "Biggest Change in IP Law in the Last 30 Years," ABA Round Table concerning Defend Trade Secrets Act, at The Frontier (in Research Triangle Park, NC), June 15, 2016
Article, "How the New Trade Secrets Law May Affect You," May 27, 2016
Speech, "Recent Developments in Internet Law," University of North Carolina at Chapel Hill Law School Festival of Legal Learning, February 12, 2016
Speech, "Legal Issues for Artists," UNCG Southern Entrepreneurship in the Arts Conference, February 21, 2015
Speech, "IP/Trademark Issues Relevant to Brewery Law," Mecklenburg County Bar, October 2014
Speech, "Top 10 Myths of Digital Marketing and Advertising," Association of Corporate Counsel, September 2014
Presentation, "Intellectual Property, an Interactive Discussion," Triad StartUp Lab for Piedmont Triad Partnership's PTP Next Program, June 19, 2013
Speech, "Recent Developments in Internet Law," University of North Carolina at Chapel Hill Law School Festival of Legal Learning, February 8, 2013
Presentation, "IP Disputes Relevant to Business Planning in Uncertain Times," Brooks Pierce and Stearns Financial seminar, February 2, 2012
Speech, "Current Intellectual Property Issues for Global Business," Conducting a Cross-Border Business From North Carolina, Brooks Pierce and Dixon Hughes Goodman seminar, November 10, 2011
The Chair's Comments, IPLinks, North Carolina Bar Association Intellectual Property Section, November 2011
Speeches, "Recent Developments in Internet, Privacy and Business Communications Law," University of North Carolina School of Law Festival of Legal Learning, February 2007, 2008, 2009, 2010 & 2011
Speech, "Marketing on the Internet: What's Legal and What's Not," Nussbaum Center for Entrepreneurship, October 2010
Speech, "Does Your Trademark Deserve Protection?" Intellectual Property Law Annual Meeting, April 2010
Speech, "Art Law: What You Need to Know on Copyrights and Intellectual Property," United Arts Council of Greater Greensboro, May 2009
Article, "Can an Individual Now Use a Chapter 7 Bankruptcy to Wipe Out an Intellectual Property Judgment?" IP Links, North Carolina Bar Association, January 2009
Intellectual Property Advisor, Fall 2008
Intellectual Property Advisor, Summer 2008
Speech, "Putting your IP House in Order -- How to Make Big Money When You Sell Your Business," Greensboro Chamber of Commerce, November 2007
Article, "Banking on a Name," North Carolina Bankers Association, October 2007
Article, "Trademark Dilution Law Changes," IP Links, North Carolina Bar Association, December 2006
Speech, "Document Retention and Destruction," (workshop with Nicole Crawford), February and March 2006
Speech, "Internet Piracy and Privacy," Greensboro Chamber of Commerce, November 2002
Published in the Stanford Law & Policy Review, 1996