Mark E. Schmidtke

Shareholder || Chicago, Indianapolis, Valparaiso

*Currently licensed in Indiana only.

Mark E. Schmidtke is a shareholder in the firm’s Valparaiso, Indiana office, a satellite of the Chicago and Indianapolis offices and Chair of the firm’s ERISA Litigation Practice Group which was named as Best Lawyers in America 2020 National Law Firm of the Year for ERISA Litigation. He has represented clients in ERISA and non-ERISA employee benefits matters in state and federal courts throughout the United States for nearly 40 years. He has been lead or co-lead counsel in ERISA litigation matters pending in the courts of every state in the U.S. He has argued appeals in the United States Courts of Appeals for the First, 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 as Hardt v. Reliance Standard, Black & Decker v. Nord and Yates v. Hendon.

Mr. Schmidtke serves as National ERISA Counsel for several financial services companies, 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 involving significant employee benefit issues. He has written numerous books and articles on employee benefit-related issues and is a frequent speaker at national seminars.

Learn more about Mark E. Schmidtke


Admittance to Practice

Professional Activities

  • DRI The Voice of the Defense Bar (National Director, 2010-2013; Former Chair of the DRI Life, Health and Disability Committee, 2004-06; Member, DRI Life, Health and Disability Committee)
  • American Bar Association (Tort and Insurance Section – Employee Benefits Committee; Labor and Employment Section – Employee Benefits Committee)
  • Indiana State Bar Association
  • Concordia Plan Services (Vice Chair and Member, Board of Directors; Lutheran Church Missouri Synod, 2006-2018)
  • Valparaiso Community Schools, Valparaiso, Indiana (President and Member, Board of Trustees, 1998-2008)


Best Lawyers Award Badge

Best Lawyers Award Badge

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