Mark J. Schwemler

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Mark J. Schwemler is a senior litigation and trial attorney with significant experience litigating cases in state and federal courts throughout the country, with an emphasis on complex commercial disputes, healthcare, and employment matters. He has served as trial counsel and lead trial counsel in litigating, to a successful conclusion, many multimillion-dollar cases. He also acts as lead counsel in many confidential arbitration matters, especially those involving issues arising within the healthcare industry.

Mark J. Schwemler

Legal Experience That Stands Out

Mark’s healthcare practice includes extensive experience in litigating cases involving rights and liabilities arising under medical provider contracts, disputes over claims and billing methodologies and policies, disagreements arising out of the acquisition and valuation of managed care companies and healthcare providers, and challenges to auditing processes.

In his employment law practice, Mark has served as trial counsel for corporations, state and locally funded public entities, and individuals. He has successfully litigated cases involving allegations of gender, age, race, and disability-based discrimination, and retaliation claims attendant thereto; cases asserting violations of the Family and Medical Leave Act; and cases asserting wrongful termination based upon the exercise of First Amendment rights, including politically motivated firings. He has also served 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.

In litigating complex commercial cases, Mark’s experience also encompasses matters involving mass data breaches, and claims arising under the federal Computer Fraud and Abuse Act, and corresponding state statutes prohibiting unauthorized computer intrusions.

Representative Matters

  • Utilizing statutory bid protest procedures, challenged and overturned (twice) implementation of a multibillion-dollar public procurement, preserving the client’s interest in its existing statewide Medicaid business operations.
  • Procured an injunction against termination of multiple payor/provider contracts involving one of Pennsylvania’s largest healthcare systems, leading to a negotiated resolution of contract disputes with that system.
  • One of the lead trial attorneys in securing a verdict in excess of $6.6 million on behalf of a corporate client who suffered harm as a result of legal malpractice committed in connection with complex real estate transactions.
  • Obtained outright dismissal of a federal class action data breach lawsuit involving a putative class of more than 450,000 individuals who utilized a nationwide job placement website.
  • On behalf of multiple regional healthcare systems, obtained dismissal of federal wage and hour class action cases alleging tens of millions of dollars in damages.
  • Member of a trial team that procured one of the largest single-plaintiff Age Discrimination in Employment Act jury verdicts awarded in the U.S. District Court for the Eastern District of Pennsylvania, obtaining a verdict totaling in excess of $6 million.
  • Member of a trial team that successfully applied, in favor of a bi-state public entity, the limitations on liability enjoyed by public entities regarding politically motivated employment decisions affecting policy-making employees.

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Education
  • The Dickinson School of Law, J.D., 1985, with honors
    • Member, Dickinson Law Review
  • University of Notre Dame, B.A., 1982
Bar Admissions
  • Pennsylvania
  • U.S. Court of Appeals, Third Circuit
  • U.S. Court of Appeals, Sixth Circuit
  • U.S. District Court, Eastern District of Pennsylvania
  • U.S. District Court, Middle District of Pennsylvania
  • U.S. District Court, Western District of Pennsylvania
  • U.S. District Court, Colorado
Honors and Awards
  • Super Lawyer, 2004 – 2019
  • Super Lawyer, Top 100 Lawyer in Philadelphia
  • Martindale-Hubbell AV Preeminent Rating
Memberships
  • Pennsylvania Bar Association
  • Philadelphia Bar Association
  • Historical Society of the United States District Court for the Eastern District of Pennsylvania