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Mark J. Oberstaedt

Mark serves as the Assistant Chair of the Business Litigation Group.  Mark represents clients in all aspects of trial and appellate work relating to commercial litigation and business disputes in the federal and state courts in New Jersey, Pennsylvania and other courts throughout the country. He also represents clients in private and public arbitration and mediation matters, including numerous arbitrations before the National Association of Securities Dealers.

Mark has extensive experience handling many types of complex commercial litigation matters, including, among others, Covid-19 issues; shareholder and partnership disputes; breach of contract litigation; breach of fiduciary duty and other tort matters; fraud and civil RICO (federal and state); corporate governance and shareholder rights litigation; franchise termination litigation; ERISA litigation; employee benefit matters; securities litigation; and protection of trade secrets and unfair competition. Mark also represents small and medium-size businesses in franchise disputes, shareholder and partnership disputes, and other litigation matters.

Dedicated to community involvement, Mark volunteers his time to help produce local music festivals and benefit concerts, such as the Medford, NJ Oktoberfest & Music Festival, the Medford Celebrates Independence Day Fireworks and Concert, and the Raising Dignity Cabaret Benefit for Joseph’s House of Camden.  He also created and operates House Concerts for a Cause, which matches musicians and charities to raise money through private house concerts.

Representative Experience

  • Won $29M award for a footwear manufacturer in New York City arbitration against a major brand licensor for breach of an exclusive license agreement.
  •  Won affirmative liability summary judgment, which led to sizeable settlement in action for breach of UCC requirements contract against one of the world’s largest envelope manufacturers.
  •  Won multiple summary judgments motions leading to favorable settlement for in-patient, long-term care facility against insurance company.
  •  Won a defense liability verdict in lengthy federal court bench trial representing major manufacturers in CERCLA contribution case.
  • Successfully represented many licensees of the BlueCross BlueShield Association and other third-party benefits administrators in state and federal courts across the country in ERISA and other contract matters
  • Won federal court temporary restraining order and preliminary injunction applications in bet-the-company franchise termination litigation against one of the world’s largest engine manufacturers.
  • Successfully argued before numerous appellate tribunals including the Third Circuit Court of Appeals, the en banc Superior Court of Pennsylvania, and the New Jersey Appellate Division
  •  Successfully represented one of world’s leading financial brokerage firms in more than 100 separate litigation matters.
  • Trial counsel for a Fortune 500 provider of enterprise communications systems in a series of antitrust and intellectual property cases involving software access issues.

Professional and Community Involvement

  • New Jersey Bar Association
  • Camden County Bar Association
  • Trustee, Misericordia University
  • Cherry Hill Citizen’s Cabinet
  • Cherry Hill Business Council
  • President, Misericordia University Alumni Association
  • Appointed by Chief Justice Rabner to New Jersey Supreme Court Special Committee on Electronic Filing
  • President, Cherry Hill East Music Boosters Association
  • President, Haddonfield School of Performing Arts
  • President, Haddontowne Swim Club
  • President, Cherry Hill High School Soccer Club
  • Chairperson, 50th Annual Cherry Bowl Swimming Championships (2009)
  • Chairperson, 48th Annual Cherry Bowl Swimming Championships (2007)
  • Editorial Board Member, New Jersey Law Journal
  • Editor-in-Chief, Seton Hall Law Review
  • Camden County Bar Association Mock Trial Coordinator (1993-1999)
  • Former President, Cherry Hill High School East Music Boosters Association
  • Coach, Youth Soccer, Baseball, and Basketball

Awards and Recognition

  • Named a “Top Attorney” for Business by SJ Magazine (2009-2011, 2013, 2014, 2016-2019)
  • Harry S. Truman Scholar from New Jersey
  • Young Alumnus of the Year, Misericordia University

Articles and Presentations

  • United States: A (Foot) Note About Sandbagging in M&A Transactions,  Mondaq.com (August 2018)
  • Proposed State Senate Bill Would Substantially Change Restrictive Covenant Law in New Jersey, South Jersey Chamber of Commerce Newsletter (2017)
  • New 3rd Circuit opinion may change the way ERISA plans approach settlement, InsideCounsel.com (June 2015)
  • Enforcing Contractual Statutes of Limitations in ERISA Plans, The Legal Intelligencer (August 2014)
  • Reconciling the Consumer Fraud Act, New Jersey Law Journal (June 2007)
  • Membership Has Its Privileges, New Jersey Law Journal (April 2007)
  • Who Needs Federal RICO?, New Jersey Law Journal (April 2005)
  • Misericordia University Lawyers’ Association Workshop, Misericordia University (March 2020)
  • Enforceability of Restrictive Employment Covenants, South Jersey Employment Law Inn of Court (October 2018)
  • Business Contracts – Top 10 Most Costly Mistakes, National Business Institute (June 2017)
  • Limited Liability Company Litigation, Camden County Bar Association (April 2016)
  • Litigating Claims Between Members of New Jersey Limited Liability Companies, Burlington County Bar Association (December 2015)
  • Advanced Civil Litigation Techniques, National Business Institute (September 2015)
  • May It Please the Court – Effective Case Presentation at Trial, National Business Institute (October 2014)
  • Representing Your Client in Federal Court, National Business Institute (December 2011)
  • The Mechanics of New Jersey Civil Procedure, National Business Institute (November 2010)
  • Rules and Procedures for Federal Court Success, National Business Institute (August 2007)
  • Succeeding in Federal Court, National Business Institute (September 2005)
  • Advanced Issues in Employee Benefits Law in Pennsylvania

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