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Jeffrey P. MacHarg

Jeffrey P. MacHarg

Partner

T (704) 384-2618
F (704) 384-2917
Overview

Jeffrey P. MacHarg is a partner in the firm's litigation group. He counsels his clients on a range of complex commercial disputes and issues, including matters relating to construction and services contracts in the nuclear energy industry, financial and insurance products, loan and debt-related obligations, and disputes involving closely-held companies.  Jeff has represented large companies in the nuclear energy, banking, loan servicing, real estate, and insurance industries, as well as smaller, closely-held companies and individuals.  He has litigated issues involving complex design and construction projects, purchase orders and services contracts, commercial leases, shareholder agreements, loan servicing agreements and servicing practices, and other financial services issues, including so-called suitability and “predatory” tactics related to financial services products and practices.  Jeff’s litigation experience includes matters in state and federal courts in North Carolina and other jurisdictions, including North Carolina's Business Court, and he has tried matters to decisions before arbitrators and federal and state juries.

Before relocating to Charlotte, NC and joining Smith Moore Leatherwood in 2007, Jeff practiced law in Pittsburgh, PA in the complex commercial litigation group of an AmLaw 100 law firm. Prior to that, Jeff was a Supply Officer in the United States Navy.

Achievements
  • Selected by Law & Politics Magazine for inclusion in North Carolina Super Lawyers-Rising Stars Edition, Business Litigation, 2012
Experience

Experience

Recent representative matters include:

  • Currently representing a commercial client in the energy industry pursuing a claim against a large, Charlotte-based utility stemming from the utility’s decision to terminate an engineering, procurement, and construction (EPC) contract for a nuclear power plant.
  • Represented company founder and minority owner in a contentious jury trial against other owners involving issues including minority shareholder oppression, derivative claims, wrongful termination, and breach of fiduciary duty.
  • Represented large insurance company in a large dispute with a commercial broker over commissions alleged to be due for placement of corporate owned life insurance (COLI).
  • Represented insurance company and health care provider in a dispute over the cause of and responsibility for mold in a leased property. 
  • Represented closely held company in a contentious dispute with a large banking institution over the suitability of a complex lending transaction that involved interest rate swap agreements.
  • Represented numerous lenders, servicers, and real estate developers in disputes involving claims of predatory lending, selling, and servicing activities.

* Past success does not indicate the likelihood of success in any future legal representation.

Thought Leadership

Published Works

  • "The Real Estate Settlement Procedures Act," Chapter 3 in Federal Consumer Credit Protection Statutes: A Compendium for the Financial Services Litigator and In-House Counsel, Edited by Hope Thai Cannon (2015)
Education
  • George Washington University Law School, J.D., with High Honors, 2002
  • Duke University, B.A., History, 1995
Admissions
  • North Carolina, 2008
  • Pennsylvania, 2002
  • United States Court of Appeals, Third Circuit, 2013
  • United States Court of Appeals, Fourth Circuit, 2009
  • United States District Court, Eastern District of North Carolina, 2008
  • United States District Court, Middle District of North Carolina, 2008
  • United States District Court, Western District of North Carolina, 2008
  • United States District Court, Eastern District of Pennsylvania, 2013
  • United States District Court, Western District of Pennsylvania, 2002
Academic Honors
  • Member, Order of the Coif
  • Recipient of John Ordaunaux Award for academic achievement
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