Atty. Mark E. Schmidtke
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.
Profile Summary
About Mark E. Schmidtke at a glance
Mark E. Schmidtke is a employment and litigation attorney based in Chicago, Illinois, practicing at Ogletree, Deakins, Nash, Smoak & Stewart PC. Admitted to practice in Indiana, Indiana State Bar Association. Educated at Valparaiso University (J.D., 1981) and Valparaiso University (BA). Recognitions include Best Lawyers in America — Litigation - ERISA (2026), Best Lawyers in America — Additional Areas of Practice: (2026), and Best Lawyers in America — Employee Benefits (ERISA) Law (2026). Serves clients in Chicago, IL and the surrounding metropolitan area.
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About
- 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
Practice Areas Explained
Mark E. Schmidtke's Areas of Practice
Each practice area below reflects the types of cases Mark E. Schmidtke handles, with a brief overview of what that area of law covers.
Employment lawyers represent workers in wrongful termination, discrimination, harassment, wage & hour disputes, and severance negotiations.
Mark E. Schmidtke is one of 151,622 employment attorneys indexed nationally. Browse employment attorneys in Illinois →
Civil litigation attorneys for breach of contract, business disputes, civil rights, and class action lawsuits.
Mark E. Schmidtke is one of 409,070 litigation attorneys indexed nationally. Browse litigation attorneys in Illinois →
Jurisdictional Context
Why local counsel matters in Illinois
Practicing law in Illinois. Legal matters in Illinois are governed by state-specific rules of civil and criminal procedure, statutes of limitations, and substantive law. Cases originating in Chicago are typically filed in the local municipal court or the appropriate Illinois state district court, depending on subject matter and amount in controversy. An attorney licensed in Illinois brings working knowledge of local procedural deadlines, judicial practices in this venue, and the substantive law that applies to cases brought here. Out-of-state attorneys generally cannot represent clients in Illinois courts without local counsel or pro hac vice admission.
Looking for additional Illinois attorneys? Browse all attorneys in Chicago or all attorneys in Illinois.
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