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.

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.

Mark’s viewpoints on cutting-edge legal issues have appeared in publications such as Forbes, Bloomberg, the National Law Journal, Law 360, and others.

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 judgment 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
  • Former President, Misericordia University Alumni Association
  • Former Member, New Jersey Supreme Court Special Committee on Electronic Filing
  • Former President, Cherry Hill East Music Boosters Association
  • Former President, Haddonfield School of Performing Arts
  • Former President, Haddontowne Swim Club
  • Former President, Cherry Hill High School Soccer Club
  • Former Editorial Board Member, New Jersey Law Journal
  • Camden County Bar Association Mock Trial Coordinator (1993-1999)
  • Former Coach, Youth Soccer, Baseball, and Basketball

Select Articles

Past Speaking Engagements and Seminars

  • “Being Right Isn’t Always Enough: Strategies for Presenting Persuasive Complex Damages Testimony,” American Institute of Certified Public Accounts Forensic and Valuation Services National Conference (November 2021)
  • “The Intersection of Law and Damages,” American Institute of Certified Public Accounts Forensic and Valuation Services National Conference (November 2021)
  • “Contractual Damages and Indemnities in Plain English,” National Business Institute (November 2021)
  • “Damages & Remedies in Business Litigation,” National Business Institute (April 2021)
  • “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)

In the News

NEWS & EVENTS

46 Archer Attorneys Named “Top Attorneys” in SJ Magazine

New U.S. Supreme Court Decision is a Big Win for Taxpayers Who Unintentionally Failed to File Reports of Foreign Bank and Financial Accounts

Mark Oberstaedt & Amy Pearl to Present NBI Seminar, "Contractual Damages & Indemnities in Plain English"