Mark E. Schmidtke - Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

Mark E. Schmidtke

Listed in Best Lawyers since 2015
Phone: 219-242-8668

Mark E. Schmidtke represents clients in ERISA and Non-ERISA employee benefits matters in state and federal courts throughout the United States for nearly 30 years.  He has been lead or co-lead counsel in ERISA litigation matters pending in the courts of 49 states.  He has argued appeals in the United States Courts of Appeals for the Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, and Eleventh Circuits, as well as the Massachusetts Supreme Judicial Court, the Minnesota Supreme Court, the Minnesota Court of Appeals, the Indiana Court of Appeals, and the California Court of Appeals.  He has also authored several briefs and petitions at the United States Supreme Court, including amicus curiae briefs in important ERISA cases such asHardt v. Reliance Standard, Black & Decker v. Nord and Yates v. Hendon.

Mr. Schmidtke serves as National ERISA Counsel for several large life, health and disability insurers, consulting with house counsel and outside counsel on litigation matters and advising house counsel and business clients on document drafting and policy issues.  Mr. Schmidtke has also represented national and international companies in large class actions.  He has written numerous books and articles on employee benefit-related issues and is a frequent speaker at national seminars. Mr. Schmidtke has been appointed to a three-year term on the U.S. Department of Labor Advisory Council on Welfare and Pension Benefit Plans for 2014-2016 and is serving as Vice Chair for 2015.

Additional Information

Court Admissions
  • U.S. District Court, Northern and Southern Districts of Indiana
  • U.S. District Court, Central, Northern (General Bar and Trial Bar) and Southern Districts of Illinois
  • U.S. District Court, District of Colorado
  • U.S. District Court, Eastern and Western Districts of Michigan
  • U.S. District Court, Eastern and Western Districts of Wisconsin
  • U.S. Court of Appeals, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, and Eleventh Circuits
  • U.S. Supreme Court

Valparaiso UniversityBA Valparaiso University School of LawJ.D.
American Bar Association Indiana State Bar AssociationIndiana Defense Trial LawyersConcordia Plan Services American College of Employee Benefits Counsel

Office Locations

111 Monument Circle, Suite 4600
Indianapolis, IN 46204
United States

155 North Wacker Drive, Suite 4300
Chicago, IL 60606
United States

Lawyer of the Year Awards

2017 Lawyer of the Year in Litigation - ERISA of the Chicago Metro Area
Mark E. Schmidtke has earned a Lawyer of the Year award for 2017!

Practice Areas

Litigation - ERISA