Mark J. Oberstaedt
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News & Insights
06.25.2023
In the News
Mark Oberstaedt Quoted in NJLJ Article, "In Retail Mark-Up Case, NJ Supreme Court May Soon Provide Clarity on 'Ascertainable Loss' Under the CFA"
The New Jersey Supreme Court has granted certification to SPARC Group—the owner of brands including Aeropostale,Brooks Brothers, Eddie Bauer, and Forever 21—after the Appellate Division sided with plaintiff consumers in their claim over false advertising of clothing prices. The plaintiff's complaint alleged that the defendant, Simon Properties Authentic Retail Properties, owner of brands such as Brooks Brothers, Eddie Bauer, and Forever 21, falsely advertised clothing at two Aeropostale stores. The Appellate Division decision in the case concluded that the “use of a fictitious former price” constitutes a violation of the CFA.
03.07.2023
In the News
Kenneth Ahl and Mark Oberstaedt Featured in National Law Journal Article on Recent SCOTUS Ruling on Foreign Investment Reporting
Archer partners Mark Oberstaedt and Kenneth Ahl spoke with the National Law Journal providing important insight around the recent U.S. Supreme Court decision in Bittner v. U.S., in which the Court ruled to alter the penalty structure for those who fail to report income from other countries. In Brad Kutner’s article, "Tax Attorneys Welcome SCOTUS Ruling on Foreign Investment Reporting Rules With Cautious Optimism," Kutner writes “tax attorneys are already taking the U.S. Supreme Court up on their new interpretation of penalties associated with taxes on foreign income,” which is the case for Kenneth who said he’s already acting on behalf of clients in the wake of Bittner v. U.S., stating, “We’re not talking about $100 claims here, this is something worthwhile claiming in court.”
03.07.2023
News & Press
Mark Oberstaedt Featured in the National Law Journal Article "Appellate Division Ruling on 'Fake Sales' Likely to Spawn Class Action Claims Against Retailers"
Mark Oberstaedt, Assistant Chair of Archer's Business Litigation group, is featured in the National Law Journal article, "Appellate Division Ruling on 'Fake Sales' Likely to Spawn Class Action Claims Against Retailers." The article, written by Colleen Murphy, comes after the New Jersey Appellate Division's February 9 opinion in Robey v. SPARC Group, which held that a trial judge erred in dismissing a claim of false advertising brought by consumers against SPARC Group over clothing prices.