Jeffrey E. Oleynik

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 practice. 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.