News & Insights

Mark Oberstaedt & Amy Pearl Co-Author New Jersey Law Journal Article, “How Do I Bind Thee (to an LLC Operating Agreement)? Let Me Count the Ways”

“How Do I Bind Thee (to an LLC Operating Agreement)? Let Me Count the Ways” By: Mark Oberstaedt & Amy Pearl, NJLJ (July 22, 2021). ...read more

Mark Oberstaedt & Kenneth Ahl Co-Author Bloomberg Daily Tax Report, "Taxpayers on Both Coasts Win Non-Willful Foreign Account Reporting Penalty Cases"

"Taxpayers on Both Coasts Win Non-Willful Foreign Account Reporting Penalty Cases" By: Mark Oberstaedt & Kenneth Ahl, Bloomberg Daily Tax Report (June 24, 2021). ...read more

For New Jersey LLC Members, Silence Can Have Serious Ramifications

"For New Jersey LLC Members, Silence Can Have Serious Ramifications" By: Mark J. Oberstaedt and Amy E. Pearl, published in The New Jersey Law Journal. ...read more

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

On February 28, the United States Supreme Court handed down an important ruling that will have a significant impact on taxpayers who had been penalized by the IRS for unintentionally failing to file reports identifying their foreign financial accounts. As a result, some taxpayers who previously paid those penalties may be entitled to a partial refund if they take legal action. ...read more

Archer Attorneys Win Major Taxpayer Victory Against the Internal Revenue Service

Earlier this month, Archer attorneys Mark Oberstaedt and Kenneth Ahl won a major taxpayer victory against the Internal Revenue Service in a case concerning the taxpayer’s alleged non-willful failure to file an annual FBAR form. In United States v. Giraldi, the United States District Court for the District of New Jersey held that the IRS had improperly imposed per-account penalties on the taxpayer because the Bank Secrecy Act did not authorize the IRS to impose more than one maximum penalty per year regardless of the number of accounts the taxpayer should have listed on the FBAR form. The case was a matter of first impression in the District and you can read more about it in Accounting Today. ...read more

Employers Beware: New Bills Would Change the Landscape for Restrictive Covenants in New Jersey Employment Contracts

Identical bills have been introduced in the New Jersey State Senate (S899) and Assembly (A1650) that would substantially limit the enforceability of new restrictive covenants in employment contracts (such as non-compete agreements). While the proposed law would not apply to existing agreements, it would effectively eliminate the ability of many employers to use restrictive covenants to protect their businesses in the future. ...read more

Split Take on NJ 'Fake' Sale Case Disrupts Biz-Friendly Pattern

In the Law360 article, "Split Take on NJ 'Fake' Sale Case Disrupts Biz-Friendly Pattern," partner Mark Oberstaedt provides his thoughts on a New Jersey Supreme Court decision on a class action case rejecting "fake discounts" as a source of consumer fraud. The decision was a boon for the class action defense bar, but the takes of three dissenting judges and the Attorney General show that the state's largely business-friendly jurisprudence on what qualifies as an ascertainable loss isn't quite settled. ...read more

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. ...read more

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.” ...read more

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. ...read more

Giraldi Case Lands Mark Oberstaedt & Kenneth Ahl on Law360's Midyear Report, "Top U.S. International Tax Cases of 2021"

Archer Partner Mark Oberstaedt & Of Counsel Kenneth Ahl have recently been featured by Law360's Midyear Report, "Top U.S. International Tax Cases of 2021". ...read more

Forbes Picks Up Tax Notes Interview with Mark Oberstaedt & Kenneth Ahl

In the Forbes article "FBAR Penalty Stacking Stopped: A Class Action For Taxpayer Refunds?" they highlight the interview Forbes contributor Benjamin M. Willis of Tax Notes held with Mark Oberstaedt and Kenneth Ahl about their help with a major taxpayer victory regarding foreign bank account report penalties. ...read more

Gianfranco Pietrafesa & Mark Oberstaedt to Speak on LLCs at NJ State Bar Association Annual Meeting

Partner Gianfranco Pietrafesa will be moderating his annual “What’s New with LLCs?” seminar at the New Jersey State Bar Association Annual Meeting. Gianfranco brings his extensive background on New Jersey LLC law to the panel having served on the select committee that drafted the New Jersey Revised Uniform Limited Liability Company Act. Joining him on the panel will be partner Mark Oberstaedt.   ...read more

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

Archer partner Mark Oberstaedt & associate Amy Pearl will present a webinar for the National Business Institute titled, "Contractual Damages & Indemnities in Plain English" on November 19, 2021. ...read more

Mark Oberstaedt To Speak at NBI Webinar, "Damages & Remedies in Business Litigation"

Archer partner Mark J. Oberstaedt will speak at the upcoming webinar hosted by the National Business Institute, "Damages & Remedies in Business Litigation" on Wednesday, April 7, 2021. ...read more