Mark J. Schwemler, Chairman of the Firm’s Litigation Department and Counsel to the Firm, has extensive experience as litigation and trial counsel in complex commercial litigations and in healthcare law. He has served as litigation and trial counsel in cases involving rights and liabilities arising under medical provider contracts, shared risk and capitation arrangements between healthcare providers and managed care entities, disputes involving the acquisition and valuation of managed care companies and healthcare providers, challenges to auditing processes, the respective inter-company obligations under coordination of benefits provisions, and disputes over billing methodologies. He has participated in the defense of class actions challenging managed care practices. His experience has made him intimately familiar with the modern healthcare business environment and the legal issues that impact that environment.
Mr. Schwemler’s professional experience also includes an emphasis on employment law. He has acted as trial counsel to corporations, state and locally funded public entities, and individuals in employment-related disputes, and litigated successfully a wide variety of cases involving allegations of gender, age, race and disability-based discrimination, and retaliation claims attendant thereto, cases asserting violations of the Family Medical Leave Act, as well as a number of cases asserting wrongful termination based upon the exercise of First Amendment rights, including those involving politically-motivated firings.
Recently, Mr. Schwemler was a member of a trial team that won the largest single plaintiff Age Discrimination in Employment Act verdicts ever awarded in the United States District Court for the Eastern District of Pennsylvania. He was also a member of a trial team that successfully applied, in favor of a bi-state public entity, the limitations on liability enjoyed by local public entities in regard to politically motivated employment decisions affecting policy-making employees.
In other aspects of employment law, he has acted as trial counsel on behalf of both corporations and individuals in cases involving employment non-competition obligations, the enforcement of other aspects of executive employment contracts, and in enforcing the respective rights and obligations under ERISA in connection with employee medical, severance, and disability benefits.
Mr. Schwemler is admitted to practice in the state courts of the Commonwealth of Pennsylvania, the United States District Courts for the Eastern, Middle and Western District Courts of Pennsylvania, and the United States Courts of Appeals for the Third and Sixth Circuits.
He is a 1982 graduate of the University of Notre Dame. He graduated, with Honors, from the Dickinson School of Law in 1985, where he was a member and editor of the Dickinson Law Review. He has been selected as a Top 100 Lawyer in Philadelphia, and has been selected as a Pennsylvania SuperLawyer for the past five years.