Mark J. Oberstaedt

Mark chairs the Business Litigation Group and represents clients in commercial litigation and business disputes. His trial and appellate work spans federal and state courts in New Jersey and Pennsylvania, as well as courts elsewhere in the country. He also represents clients in private and public arbitration and mediation. His clients include national and international businesses alongside small and medium-size companies.

Mark’s commercial litigation practice covers disputes among shareholders and partners, corporate governance and shareholder rights, breach of contract, breach of fiduciary duty and other tort claims. He also handles fraud and federal and state civil RICO matters, franchise termination disputes, ERISA litigation and employee benefit matters, securities litigation, and cases involving trade secrets and unfair competition.

Mark approaches disputes with his clients’ business objectives in view. Depending on the circumstances, he considers resolution before a dispute develops, negotiated settlement, arbitration or trial. When settlement may serve a client’s goals, he pays attention to the timing of a proposal and the terms put forward. In litigation and negotiation, he works to understand the underlying facts, develop arguments efficiently and keep clients informed as a matter progresses.

Outside his practice, Mark helps produce local music festivals and benefit concerts, including the Medford, New Jersey, 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 pairs musicians with charities to raise money through private house concerts. His views on legal issues have appeared in publications including Forbes, Bloomberg, the National Law Journal and Law360.

• 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.

• Seton Hall University School of Law, JD, magna cum laude
• Misericordia University, BA, summa cum laude

• New Jersey
• Pennsylvania
• U.S. Court of Appeals for the Third Circuit
• U.S. District Court for the District of New Jersey
• U.S. District Court for the Eastern District of Pennsylvania
• U.S. District Court for the Middle District of Pennsylvania

• Recognized by Best Lawyers®: Commercial Litigation (2026,2027 Editions)

• New Jersey Bar Association
• Camden County Bar Association
• Trustee, Misericordia University
• Cherry Hill Citizens’ Advisory Cabinet
• 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

• “New Jersey’s LLC Default Rules May Surprise You,” Commercial Counsel Blog (September 2026)
• “Sandbagging in M&A Transactions,” Commercial Counsel Blog (August 2026)
• “What Doe v. Princeton Means for Title IX Investigations and Hearings,” Your Campus Counsel Blog (July 2026)
• “SCOTUS Holds that States Can Ban Transgender Athletes from Girls’ and Women’s Sports Teams,” Your Campus Counsel Blog (June 2026)
• “What Can Single-Sex Institutions Do in Light of DOE’s Title IX Attack on Transgender Admissions at Smith College?” Your Campus Counsel Blog (May 2026)
• “Can Institutions Find Legal Workarounds for State Bans on DEI?″ Your Campus Counsel Blog (March 2026)
• “Can a University Outsource its Title IX Responsibilities,” Your Campus Counsel Blog (January 2026)
• “Mergers vs. Closures in Higher Ed: How Timing Can Make All the Difference,” Your Campus Counsel Blog (November 2025)
• “Justices’ FBAR Ruling May Shift Feds’ Enforcement Approach,” Law360 Tax Authority (March 2023)
• “Tax Attorneys Welcome SCOTUS Ruling on Foreign Investment Reporting Rules with Cautious Optimism,” National Law Journal (March 2023)
• “Appellate Division Ruling on ‘Fake Sales’ Likely to Spawn Class Action Claims Against Retailers,” National Law Journal (March 2023)
• “New U.S. Supreme Court Decision is a Big Win for Taxpayers Who Unintentionally Failed to File Reports of Foreign Bank and Financial Accounts,” Archer Client Advisory (March 2023)
• “How Do I Bind Thee (to an LLC Operating Agreement)? Let Me Count the Ways,” New Jersey Law Journal (July 2021)
• “Taxpayers on Both Coasts Win Non-Willful Foreign Account Reporting Penalty Cases,” Bloomberg Daily Tax Report (June 2021)
• “FBAR Penalty Stacking: A Clear Coast for Taxpayers?” Tax Notes  (May 2021)
• “Court Denies IRS ‘Stacking Penalties’ on FBARs,” Accounting Today (March 2021)
• “For New Jersey LLC Members, Silence Can Have Serious Ramifications,” New Jersey Law Journal (February 2021)
• “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)