Jason
S.
McCarter
Member
404.962.6428
404.962.6334

Jason McCarter is an experienced business litigator who represents business enterprises in complex commercial disputes and regulatory investigations. Jason is the Chair of the firmโ€™s Automotive practice and is often called upon to counsel and advocate for clients facing contract, business tort, secured lending, creditors’ rights and licensing issues.

Jason practices in state and federal courts and alternative dispute resolution forums around the country. For example, he has prevented class certification in an automotive false advertising case seeking $1 billion in damages, won summary judgment and appeal in a nine-figure network antitrust and contract dispute for a national cable provider, prevailed at trial in the arbitration of a multimillion dollar real estate purchase option for a craft brewer, and obtained an eight-figure judgment, along with recovery of all stolen intellectual property, in a web-based trade secrets dispute.

Jason is a frequent speaker and writer on financial, automotive and regulatory issues.

Leadership
  • Successfully prosecuted and defended numerous complex lawsuits and ADR proceedings, including breach of contract, trade secrets, antitrust, RICO, class actions, and unfair competition claims.
  • Defended national auto auction client in eight-figure fraud and conversion claim in plaintiff-friendly jurisdiction, achieving favorable pre-trial settlement.
  • Represented financial software provider in Fair Credit Reporting Act (FCRA) filed in โ€œrocket docketโ€ jurisdiction, fighting overbroad discovery and negotiating advantageous class settlement with injunctive relief only.
  • Routinely advise clients on responses to complex state and federal regulatory inquiries and non-party subpoenas, including serving objections, negotiating scope, defending depositions, and coordinating document productions.
  • Drafted many customer-facing forms, loan agreements, online terms, and privacy policies, developing substantive expertise in UCC, privacy, usury, licensing, judgment collection, and consumer protection areas.
  • Advised multiple automotive clients on potential anti-competition claims against leading industry technology providers.
  • Defended a nationwide customer research management provider in arbitration regarding a software dispute.
  • Represented an automotive wholesale inventory lender in a complex, putative class action regarding alleged interest practices.
  • Achieved a favorable settlement for an international chemical compounder in a trade secrets matter related to a proprietary chemical recycling process.
  • Rewrote a suite of customer purchase agreements and policies for an international automotive remarketer.
  • Counseled and defended a professional partnership on a recurring basis in operational and employment claims.
  • Advised on and responded to various claims against clients for alleged banning, blacklisting and refusal to deal practices under federal and state antitrust and anti-competition rules.
  • Regularly advise automotive industry clients on the potential expansion of their service offerings.

Articles

  • “The Dos and Don’ts of AI in Contracting,” JD Supra (November 6, 2025)
  • “Batten the Hatches: Preparing for an Automotive Dispute,” JD Supra (November 14, 2023)
  • “Steering Through Privacy: State Law Variation Affecting Auto Dealers,” JD Supra (August 3, 2023)
  • Proposed FTC Rule to Prohibit Non-Competes,” JD Supra (January 9, 2023)
  • “Georgia Direct Sales Bill Could Be Boon to EV Makers,” Law360 (March 10, 2022)
  • “Georgia Legislature Considers Expanded Franchise Exception for EV Makers,” JD Supra (February 4, 2022)
  • “Now More Than Ever, Automakers Must Protect Trade Secrets,” JD Supra (December 13, 2021)
  • “Loss Mitigation Strategies for Commercial Creditors,” JD Supra (September 2, 2021)
  • “Companies Must Consider Electric Vehicles’ Unique Risk Profile,” Law360 (June 23, 2021)
  • โ€œLegal Alert: Electric Vehicle Incentives โ€“ Federal,โ€ JD Supra (March 30, 2021)
  • โ€œLegal Alert: Electric Vehicle Incentives in Georgia,โ€ JD Supra (March 3, 2021)
  • โ€œLegal Alert: Special treatment for motor vehicle inventory interest under new federal tax law,โ€ JD Supra (January 30, 2018)
  • โ€œHow Highly Automated Vehicles Will Drive Legal Change,โ€ Law360 (August 2, 2017)
  • โ€œLegal Alert: Transportation Disrupted: AI in the Driverโ€™s Seat,โ€ Lexology (June 5, 2017)
  • โ€œAuto Companies Should Take Note of Recent DTSA Case Law,โ€ Law360 (December 7, 2016)
  • โ€œRemarketing Recalls in a Preregulated World,โ€ Law360 (October 11, 2016)
  • โ€œWhat the Supreme Court Giveth, the CFPB Taketh Away,โ€ New York Law Journal (July 18, 2016)
  • โ€œLaying the Groundwork for Automotive E-Titles,โ€ Law360 (May 2, 2016)
  • โ€œPotential Impact of CFPBโ€™s Proposed Auto Lender Rule,โ€ Law360 (October 14, 2014)
  • โ€œLegal Alert: CFPB Proposes to Examine and Directly Supervise Nonbank Auto Lenders,โ€ JD Supra (September 19, 2014)
  • โ€œLegal Alert: CFPB Plans Supervision of Nonbank Automobile Lenders,โ€ JD Supra (June 2, 2014)
  • โ€œCFPB Credit Card Crackdown May Carry to Auto Lending,โ€ Law360 (May 29, 2014)
  • โ€œKeeping the Lights On,โ€ Auto Dealer Monthly (August 2013)
  • โ€œAvoid the Single Entity Test in Corporate Transactions,โ€ Corporate Counsel (July 9, 2013)
  • โ€œA Map to the Minefield of Financial Regulations Affecting Car Dealers,โ€ Corporate Compliance Insightsย (June 2012)
  • โ€œClient Alert: Changes to UCC Article 9,โ€ Lexology (January 2011)
  • โ€œClient Alert: Red Flag Program Clarification Act,โ€ Lexology (December 2010)
  • โ€œTruth in Lending Act Changes: Effects on Private Lenders,โ€ Career Education Review (July 2010)
  • โ€œClient Alert: Is Your Telecommunications Company Ready for the Red Flags Rule?โ€ Martindale (March 2009)
  • โ€œState Supreme Court Strikes Down Georgiaโ€™s Rape Confidentiality Statute,โ€ Libel Defense Resource Center Libel Letterย (Oct. 22, 2001)
  • โ€œSurvey of Georgia and Related Claims Against the Media,โ€ Media Law Research Centerย 50-State Survey: Media Privacy and Related Lawย (2001 – 2003)
  • โ€œTapping Officialsโ€™ Secrets in Georgia,โ€ Reporters Committee for Freedom of the Pressย Tapping Officials’ Secret (50-State Survey) (2001-2002)

Speaking & Presentations

  • “Cruise Control: The Dos and Don’ts of AI in Contracting,”ย National Remarketing Conference – Used Car Week (November 2025)
  • โ€œTime to Fight: Prepping for an Automotive Dispute,โ€ย National Remarketing Conference – Used Car Week (November 2023)
  • “Buckle Up: The Revised FTC Safeguards Rule for Remarketers,” National Remarketing Conference – Used Car Week (November 2022)
  • 2022 Law School Orientations on Professionalism –ย University of Georgia School of Law (August 2022)
  • “Remarketing Recharged – Insulating Against EV Shocks,” National Remarketing Conference – Used Car Week (November 2021)
  • “Tempered Enthusiasm – A Survey of Electric Vehicle (EV) Risks,” Auto Intel Summit (May 2021)
  • โ€œProtecting Your Mobility IP,โ€ National Remarketing Conference โ€“ Used Car Week (November 2019)
  • โ€œLoss Mitigation for Auctions and Floor Planners,โ€ National Remarketing Conference (November 2018)
  • โ€œEyes on the Road? Data Privacy and Cybersecurity for Highly Automated Vehicles,โ€ Pre-Owned and National Remarketing/National Auto Auction Association Conferences (November 2017)
  • โ€œTransportation Disrupted: Artificial Intelligence in the Driverโ€™s Seat,โ€ (May 2017)
  • โ€œRemarketing Open Recalls in a Pre-Regulated World,โ€ National Remarketing and NAAA Conference (November 2016)
  • โ€œAudits, Inquiries and Questionnaires โ€“ Legal Backdrop and Best Practices,โ€ National Remarketing Conference (November 2015)
  • โ€œThe CFPB and Its Impact on the Automobile Remarketing Industry,โ€ National Remarketing Conference (November 2014)
  • โ€œRecurring Legal Issues in Institutional Loans,โ€ So. Assoc. of Student Financial Aid Admins. (February 2013)
  • โ€œA Map to the Minefield of Financial Regulations Affecting Car Dealers,โ€ large automotive client (July 2012)
  • โ€œThe Red Flags Rule as โ€˜Clarified,โ€™โ€ Commercial Vehicle Training Association, Spring 2011 Conference (March 2011)
  • โ€œWebinar: Truth in Lending or Regulation Z: What It Means and Why It Matters to You,โ€ Commercial Vehicle Training Association (February 2010)
  • โ€œGeorgia Open Records Act and Its Impact on Police Officers,โ€ Georgia Police Officer Safety Training Center (2000 & 2001)
  • J.D., University of Virginia School of Law
  • B.A., summa cum laude, University of Tennessee

Bar Admissions

  • Georgia
  • North Carolina

Court Admissions

  • State Courts of Georgia
  • State Courts of North Carolina
  • U.S. Bankruptcy Court, Middle District of Georgia
  • U.S. Bankruptcy Court, Northern District of Georgia
  • U.S. Court of Appeals for the Eleventh Circuit
  • U.S. Court of Appeals for the Fourth Circuit
  • U.S. Court of Appeals for the Seventh Circuit
  • U.S. Court of Appeals for the Sixth Circuit
  • U.S. District Court for the Middle District of Georgia
  • U.S. District Court for the Northern District of Georgia
  • U.S. District Court for the Western District of North Carolina
  • U.S. District Court for the Eastern District of North Carolina

Clerkships

Certifications

Accolades

  • Named a Commercial Litigation Leader by The Best Lawyers in Americaยฎ,ย since 2021
  • Recognized byย Georgia Super Lawyersยฎย (2015-2016)
  • Recognized byย Georgia Super Lawyersยฎย as a โ€œRising Starโ€ย (2011-2014)
  • Recipient,ย James A. Treanor III Pro Bono Service Award

Memberships

  • Georgia Bar Association, Business Law and Creditors' Rights Sections

Community

  • Group Leader, State Bar Law School Orientations on Professionalism
  • Volunteer, AVLF Saturday Lawyers Program
  • Member, U.S. Department of Energy's Clean Cities - Georgia Coalition
  • Co-Founder,ย Virginia Sports & Entertainment Law Journal
  • Member, Atlanta Lawn Tennis Association

In-Depth

Did You Know?

As an avid sports enthusiast and natural competitor, Jason played intramural basketball, softball and flag football in college and was active for a decade as part of the Atlanta Bar’s Softball and Basketball leagues. Today, he gets his competitive juices flowing on the tennis court as a member of ALTA Tennis.