Charlotte Elite
Mark A. Nebrig at Moore & Van Allen, PLLC, commercial litigation and business disputes, including contract, fiduciary, and tort matters. His practice involves complex civil litigation for corporate clients and professionals in state and federal courts. He also works on resolving contested business issues.
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Co-head of the firm's Litigation group, Mark Nebrig is a trial lawyer with extensive experience in managing class actions, complex business and securities litigation, and enforcement actions. Though he maintains a general business litigation practice serving financial services, ESOP-related, healthcare, manufacturing, and private equity clients, Mark has concentrations in financial services class actions, ERISA/ESOP class actions, securities litigation, SEC/FINRA investigations, and non-public shareholder disputes.
Mark has substantive bench and jury trial experience in mergers and acquisitions litigation and shareholder disputes, where he has represented both public and private corporations and their directors, and ESOP-related disputes, where he has represented fiduciaries, ESOP-owned companies, selling shareholders, and valuation firms.
A former licensed broker, Mark also represents various broker-dealers 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.
Services Mark regularly provides to his clients:
- Financial services class action defense
- Securities litigation and advisory work
- ERISA/ESOP class action defense
- Corporate investigations (both internal and regulatory)
- Complex business litigation representation
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Key clients
- James Kissler (founder, former CEO of Norco, Inc.) Central States Manufacturing, Inc., PDQ Food Stores, Inc. McCreary Modern, Inc. Clear Blue Insurance Company & Clear Blue Specialty Insurance Company Ventura Trust Company
Work highlights
Represented the founder and former CEO against an Idaho federal lawsuit filed by the Department of Labor related to the sale of shares of Norco, Inc. to the Company’s ESOP. The firm achieved dismissal of Mr. Kissler in November, with leave to amend granted. DOL moved for reconsideration, which the court denied in September.
Represented the client as lead counsel in an Arkansas federal ERISA class action against ESOP-owned company, individuals, and trustee related to a $40 million re-leveraging transaction by the Company to manage its share repurchase obligation.
Represented the client as lead counsel in a federal class action against the board of directors and certain officers of a selling ESOP company filed in the Western District of Wisconsin, alleging breach of fiduciary duty and ERISA violations.