Mark J Oberstaedt

July 22, 2021 | New Jersey Law Journal

A recent appellate decision clarifies the point at which members—either existing or subsequent—may be bound by an operating agreement. But it leaves unresolved the question of how a member might consent to an operating agreement through conduct.

By Mark J. Oberstaedt and Amy E. Pearl

8 minute read

February 03, 2021 | New Jersey Law Journal

Members control their own fate, but they tempt that fate unnecessarily if they wait until it is too late to review the LLC's operating agreement.

By Mark J. Oberstaedt and Amy E. Pearl

8 minute read

August 22, 2018 | Delaware Business Court Insider

When an important M&A contracting strategy goes by the moniker “sandbagging,” it is safe to assume the strategy is controversial.

By Mark J. Oberstaedt and Nicholas Franchetti

5 minute read

August 27, 2014 | The Legal Intelligencer

Last term's U.S. Supreme Court decision upholding time limitations to sue regarding Employee Retirement Income Security Act welfare benefit plans, as well as the cases decided since by lower courts, provides important guidance to drafters of ERISA plan provisions. Those charged with drafting such plans would be well served to include contractual limitations on the time to sue in order to provide nationwide unanimity in enforcement, avoid the litigation of stale claims and set expectations of plan participants.

By Mark J. Oberstaedt

8 minute read

April 06, 2007 | New Jersey Law Journal

Attorneys providing advice to private associations would be wise to counsel their clients to make sure the bylaw procedures contain the minimum procedural due process standards and, when considering expulsion, to make sure that their decisions are both procedurally and substantively fair.

By Mark J. Oberstaedt and Rebecca L. Rakoski

8 minute read

April 25, 2005 | New Jersey Law Journal

Practitioners would be wise to analyze whether their clients are best served by asserting New Jersey's 'little' RICO statute rather than federal RICO claims.

By Mark J. Oberstaedt

12 minute read

June 01, 2007 | New Jersey Law Journal

The Legislature needs to decide whether it wants the CFA to apply broadly to all learned professionals, including doctors, attorneys and insurance agents.

By Steven J. Fram and Mark J. Oberstaedt

11 minute read