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 including in the healthcare field.  He has served as trial counsel and lead trial counsel in litigating, to a successful conclusion, many multi-million-dollar cases. He also acts as lead counsel in many confidential arbitration matters involving issues arising within the healthcare industry.

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, controversies involving out of network billing scenarios, disagreements arising out of the acquisition and valuation of managed care companies and healthcare providers, and challenges to auditing processes.  He has also served as trial counsel on behalf of both corporations and individuals in cases involving enforcement of respective rights and obligations under ERISA in connection with employee medical, severance, and disability benefits.

Representative Matters

• Utilizing statutory bid protest procedures, challenged and overturned (twice) implementation of a multi-billion-dollar public procurement, preserving the client’s interest in its statewide Medicaid business operations.
• Arbitrated to successful conclusion many disputes between medical providers and payors involving challenges to numerous different types of billing and payment methodologies in the context of contractual arrangements implicating commercial, Medicaid and Medicare Advantage lines of business.
• Successfully litigated against various managed care companies to recover underpayments made to a regional healthcare system.
• 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.
• Consulted with and guided clients in connection with governmental review and audits of the operation of Medicare Advantage plans.
• Obtained 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 maintained by a national managed care company.
• On behalf of multiple regional healthcare systems, obtained outright dismissal of federal wage and hour class action cases alleging tens of millions of dollars in wages owed to hospital personnel.

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

Court Admissions

• 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

Honors and Awards

• Super Lawyer, 2004 – 2023
• Super Lawyer, Top 100 Lawyers in Philadelphia
• Martindale-Hubbell AV Preeminent Rating

Memberships

• Pennsylvania Bar Association
• Montgomery County Bar Association
• Historical Society of the United States District Court for the Eastern District of Pennsylvania

Elliott Greenleaf