Practice Areas
Bar Admissions
North Carolina
Education
University of Virginia, J.D., 1982, Order of the Coif; Editor-in-Chief, Virginia Law Review, 1981-82
University of North Carolina at Chapel Hill, B.A., 1979, Phi Beta Kappa; John Motley Morehead Scholar; Phi Eta Sigma
Profile
Mark Merritt's practice covers a broad range of business-related litigation including antitrust, complex and class action, and shareholder litigation. He regularly represents clients in governmental investigations, including civil and criminal investigations conducted by federal antitrust agencies and investigations by the Securities and Exchange Commission.
Mark counsels clients on antitrust issues and assists them in obtaining regulatory approvals from the Federal Trade Commission, the Department of Justice and state attorney generals for corporate transactions. Additionally, he has assisted corporate clients in conducting internal investigations into accounting and financial irregularities.
Mark also represents clients who are faced with the condemnation of their property by a governmental authority. He has handled condemnation cases for golf courses, large outdoor amphitheaters, shopping centers, office buildings, industrial buildings and undeveloped land.
Mark served as vice chancellor and general counsel for the University of North Carolina at Chapel Hill from 2016-18. His knowledge and experience in higher education law benefits clients and higher educational institutions across the country.
Honors & Awards
- North Carolina Bar Association, Advocate's Award, 2023
- Chambers USA, litigation and antitrust, 2003-16, 2021-23
- The Best Lawyers in America, antitrust, litigation - securities, 2001-24; commercial litigation, litigation - antitrust, 2023-24
- Charlotte Antitrust Law Lawyer of the Year, 2024
- Charlotte Litigation - Securities Lawyer of the Year, 2012, 2024
- Charlotte Eminent Domain and Condemnation Law Lawyer of the Year, 2013, 2015, 2017
- Charlotte Bet-the-Company Litigation Lawyer of the Year, 2012, 2014, 2016
- Business North Carolina, Legal Elite Hall of Fame, antitrust and litigation
- North Carolina Super Lawyers, business litigation, 2007-17, 2022-23; Top 10 North Carolina Super Lawyer, 2007-16; top recipient of votes, 2009; Top 25 Charlotte, 2013-16
- Benchmark Litigation, Litigation Star, antitrust, class actions, general commercial, securities, 2007-16
- North Carolina Bar Association, H. Brent McKnight Renaissance Lawyer Award, 2012
- Martindale-Hubbell, AV® Preeminent™ Peer Review Rated
Clerkships
- Law Clerk, The Honorable John M. Wisdom, U.S. Court of Appeals, Fifth Circuit
Experience
Experience
Represented UNC-Chapel Hill in infractions proceeding before the NCAA Committee on Infractions. No violations were found, and no sanctions were imposed.
Represented the Southeastern Conference in In re NCAA Athletic Grant-in-Aid Cap Antitrust Litigation in the Northern District of California.
Represented Charlotte Pipe & Foundry in In re Cast Iron Soil Pipe and Fittings Antitrust Litigation.
Represented BB&T and its directors and officers in obtaining the dismissal of a shareholder derivative action relating to the auction rate securities market.
Defended Wachovia Corporation’s board of directors in litigation arising out of its merger with Wells Fargo.
Represented opt-out plaintiffs Fruit of the Loom, Russell Athletics and Springs Industries in obtaining a multimillion-dollar settlement of In re Polyester Staples Fiber Antitrust Litigation.
Obtained summary judgment for client declaring North Carolina Installment Paper Dealer Tax unconstitutional. Client was awarded a tax refund in the amount of $35,885,976.
Obtained $4.8 million jury verdict in condemnation action arising out of construction of an interstate highway on client’s property. The award with interest was more than twice the Department of Transportation’s estimate of just compensation.
Represented investment banking client in several arbitrations involving fee disputes. Obtained award for the client and successfully defended against counterclaims.
Represented public company in insider trading investigation brought by the SEC. The SEC decided not to file any enforcement action against the company or any of its directors, officers or employees.
Represented manufacturing client in industry-wide, price-fixing investigation by the Department of Justice. No charges were brought by the Department of Justice arising out of the investigation.
News & Events
News
- Nov. 30, 2023
- Aug. 17, 2023
- June 6, 2023
- Jan. 20, 2023
- Jan. 12, 2023
- Aug. 23, 2022
- June 2, 2022
- Jan. 14, 2022
- Jan. 6, 2022
- Aug. 26, 2021
- May 21, 2021
- April 28, 2021
- Jan. 4, 2021
- Dec. 23, 2020
- Jan. 3, 2020
- Jan. 14, 2019
- Jan. 2, 2019
- Eight Attorneys Named "Lawyer of the Year"Aug. 15, 2016
- June 15, 2016
- June 2, 2016
- May 12, 2016
- Feb. 1, 2016
- Jan. 27, 2016
- Jan. 5, 2016
- Oct. 21, 2015
- Sept. 8, 2015
- Aug. 18, 2015
- Robert W. Fuller Quoted in Law360 Article "Broadcasters Escape NCAA Athletes' Publicity Rights Suit"June 4, 2015
- May 28, 2015
- May 11, 2015
- Jan. 21, 2015
- Jan. 8, 2015
- Nov. 11, 2014
- More Ranked Attorneys Than Any Other North Carolina Firm for Fifth Consecutive YearOct. 29, 2014
- Firm Has Most Charlotte Attorneys Named to List for Fourth Consecutive YearAug. 19, 2014
- Firm Topped North Carolina Rankings in Eight Practice AreasAug. 19, 2014
- May 23, 2014
- May 1, 2014
- Jan. 21, 2014
- Jan. 6, 2014
- More Ranked Attorneys Than Any Other North Carolina Firm For Fourth Consecutive YearOct. 29, 2013
- Aug. 15, 2013
- Aug. 15, 2013
- July 22, 2013
- May 24, 2013
- Six Shareholders Among State’s Top 100 Attorneys, Two in Top 10Jan. 18, 2013
- Jan. 7, 2013
- More Ranked Attorneys Than Any Other North Carolina Firm For Third Consecutive YearNov. 9, 2012
- Firm Once Again Has Most Charlotte Attorneys Named to ListOct. 2, 2012
- Aug. 23, 2012
- August 2012
- June 8, 2012
- April 25, 2012
- Seven Shareholders Among State’s Top 100 Attorneys, Two in Top 10Jan. 23, 2012
- Jan. 4, 2012
- Charlotte-based Firm Has More Ranked Lawyers Than Any Other North Carolina FirmNov. 16, 2011
- Robinson Bradshaw Receives 14 Awards in 2012 RankingOct. 25, 2011
- Sept. 1, 2011
- Charlotte Firm Leads All Other N.C. Firms in Ranked Attorneys, No. 1 Practice Areas for Third-Straight YearJune 14, 2011
- Seven Shareholders Included Among State’s Top 100 Attorneys, Two in the Top 10Jan. 21, 2011
- Jan. 12, 2011
- Oct. 19, 2010
- Aug. 9, 2010
- Charlotte-Based Firm Again Recognized as State Leader in Eight Practice AreasJune 11, 2010
- Jan. 28, 2010
- Jan. 26, 2010
- Aug. 10, 2009
- June 18, 2009
- Jan. 23, 2009
- Sept. 19, 2008
- June 14, 2008
- Feb. 6, 2008
- Jan. 28, 2008
- Jan. 23, 2008
- Dec. 31, 2007
- Nov. 21, 2007
- Sept. 7, 2007
- June 15, 2007
- Feb. 20, 2007
- Jan. 26, 2007
- Dec. 31, 2006
- Dec. 8, 2006
- Sept. 6, 2006
- June 2, 2006
- Jan. 18, 2006
Events
The Umstead
100 Woodland Pond Drive
Cary, NC 27513March 15, 2023Via webinar
June 23, 2022- Sept. 24, 2020
Via webinar
Aug. 18, 2020Via webinar
July 29, 2020Byron's South End
101 W. Worthington Ave.
Charlotte, NC 28203Jan. 8, 2020- Ethical Issues for Corporate and In-House Attorneys
Mecklenburg County Bar
2850 Zebulon Avenue
Charlotte, NC 28208Nov. 8, 2019 Grand Bohemian
11 Boston Way
Asheville, NC 28803Oct. 4, 2019Vancouver Convention Centre East
1055 Canada Pl.
Vancouver, British Columbia, CanadaFeb. 2, 2018Loews Philadelphia Hotel
1200 Market St.
Philadelphia, PA 19107June 2, 2016Charlotte School of Law
201 S. College St. #400
Charlotte, NC 28244April 12-13, 2016Hilton Americas
1600 Lamar St.
Houston, TX 77010Feb. 6, 2015North Carolina Bar Center
8000 Weston Parkway
Cary, North Carolina
Jan. 24, 2014
Insights
- June 10, 2010Robinson Bradshaw Publication
- Winter 2008North Carolina State Bar Journal
- Nov. 1, 2007Robinson Bradshaw Publication
Affiliations
Professional Affiliations
- North Carolina State Bar, Past President, 2017-18; President, 2016-17; President-Elect, 2015-16; Vice President, 2014-15; Councilor, 2006-present; Ethics Committee, Vice Chair, 2009, Chair 2010, 2011, 2013; Lawyers Assistance Program, Chair, 2008-12
- American Bar Association, House of Delegates, Member
- North Carolina Commission on the Administration of Law and Justice, Legal Professionalism Committee, Member, 2015-17
- North Carolina Bar Association, Antitrust and Trade Regulation Law Section, 1996-present; Chair, 2005
- Mecklenburg County Bar, President, 2000-01; Executive Committee; Treasurer, 1996-98
- Mecklenburg County Bar Leadership Institute
- American College of Trial Lawyers Fellow
- International Society of Barristers Fellow
- American Bar Foundation Fellow
Community Affiliations
- North Carolina State Board of Community Colleges, Region 4 Representative, 2021-present
- Morehead-Cain Central Selection Committee, 2010-13, 2017-22
- Senior Warden, Christ Episcopal Church, 2007
- The Family Center, Board of Directors, 1994-99; President, 1997
- Legal Services of the Southern Piedmont, Board of Directors, 2013-14; 1989-98; President, 1992-94