Mark J. Oberstaedt

Mark is a shareholder in the firm’s Litigation Department and serves as the Assistant Chair of the Business Litigation Group.  Mark’s practice covers 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: ERISA litigation and other employee benefit matters; corporate governance and shareholder rights litigation; shareholder and partnership disputes; securities litigation; protection of trade secrets and unfair competition; tort and fraud class action litigation; breach of fiduciary duty, fraud and civil RICO (federal and state); consumer fraud actions; breach of contract litigation; and complex environmental matters.

While Mark is recognized for his expertise in complex, high stakes matters, he also continues to successfully represent small and medium-size businesses in franchise disputes, shareholder and partnership disputes, and other litigation matters.

Representative Experience

  • Won a $29M arbitration award for a footwear manufacturer in New York City against a major brand licensor for breach of an exclusive license agreement; award represented full amount of damages sought by the client
  • Won a defense liability verdict in lengthy federal court bench trial representing major manufacturers in CERCLA contribution case
  • Successfully represented licensees of the BlueCross BlueShield Association and third-party benefits administrators in state and federal courts across the country in ERISA matters
  • Obtained liability judgment on summary judgment which led to sizeable settlement in a breach of UCC requirements contract action against one of the world’s largest envelope manufacturers
  • Obtained federal court temporary restraining order and preliminary injunction in bet-the-company litigation for New Jersey franchisee against one of the world’s largest engine manufacturers concerning potential wrongful termination of franchise
  • Arguments before numerous appellate tribunals including the Third Circuit Court of Appeals, the en banc Superior Court of Pennsylvania, and the New Jersey Appellate Division
  • Over 100 separate litigation matters representing one of world’s leading financial brokerage firms
  • Federal court jury trial representing one of the world’s leading telecommunications companies
  • Shareholder and partnership disputes in closely held corporations and limited liability companies in New Jersey and Pennsylvania

Professional And Community Involvement

Current Affiliations:

  • New Jersey Bar Association
  • Camden County Bar Association
  • President, Misericordia University Alumni Association
  • Trustee, Misericordia University
  • Immediate Past President, Cherry Hill East Music Boosters Association
  • Cherry Hill Citizen’s Cabinet
  • Cherry Hill Business Council
  • Tournament Committee, Cherry Hill Kick or Treat Soccer Tournament

Prior Affiliations:

  • 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 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)
  • Coach, Youth Soccer, Baseball, and Basketball

Awards And Recognition

  • Named a “Top Attorney” for Business by SJ Magazine (2009-2011, 2013, 2014, 2016-2018)
  • Harry S. Truman Scholar from New Jersey
  • Young Alumnus of the Year, Misericordia University

Articles

Presentations

  • 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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