- Oklahoma, 2005
- U.S. District Courts for the Western, Northern and Eastern Districts of Oklahoma
- U.S. Circuit Court of Appeals for the Tenth Circuit
- J.D., magna cum laude, Oklahoma City University, 2005; Phi Delta Phi; William J. Holloway, Jr. American Inn of Court; Recipient, CALI Awards and Phillips Allen Porta Memorial Legal Ethics Award
- B.A., DePauw University, 1999
- Oklahoma County Bar Association
- Oklahoma Bar Association
Mark D. Folger
Mark Folger represents both plaintiffs and defendants in a broad range of business-related litigation in both state and federal courts as well as in commercial arbitration forums. His practice includes the areas of healthcare, product and premises liability, business torts, restraint of trade, contract disputes, non-compete agreements, construction-related disputes, corporate and partnership disputes, ERISA, employment defense, and Native American gaming.
Mark’s broad base of experience specifically includes defending manufacturers and distributors against product liability claims, defending premises owners against premises liability claims, representing both owners and contractors in construction-related disputes, representing parties in the enforcement and non-enforcement of non-compete agreements, representing management exclusively in employment matters, and representing employee benefit plans in ERISA lawsuits and collections cases.
In the area of healthcare, Mark not only represents healthcare providers in contract disputes and litigation arising from peer review proceedings, but he also advises clients on matters involving HIPAA compliance. As a member of the firm’s dedicated HIPAA Compliance and Health Privacy team, Mark routinely advises healthcare providers in responding to subpoenas or other requests for protected health information and other confidential records in compliance with HIPAA, the HITECH Act, and state privacy laws.
Mark's achievements have earned him inclusion in Super Lawyers’ list of “Oklahoma Rising Stars,” which recognizes the state’s top up-and-coming attorneys.
Prior to entering law school, Mark attained Series 7 and Series 63 brokerage licenses while serving as an investor services representative for an online investment corporation.
- Obtained preliminary injunction enforcing non-solicitation and non-disclosure agreements on behalf of a national lumber company after a two-day evidentiary hearing.
- Successful first-chair representation of large Oklahoma City-based national retailer's employee benefit plan at state court trial resulting in judgment under equitable theories for recovery of overpayments mistakenly made to healthcare provider. Judgment affirmed on appeal.
- Successful representation of a national manufacturer and marketer of electronic gaming systems against competitor in an antitrust and deceptive trade practices action requiring interpretation of the Indian Gaming Regulatory Act (IGRA) and other Indian gaming laws, as well as a deep understanding of sovereign immunity and federalism principles. Obtained partial summary judgment on the major issues that the competitor was marketing a Class III game as Class II which led to a $16 million settlement.
- Obtained summary judgment for plaintiff physical therapy company in a state court collection case involving complicated analysis of Medicare and Medicaid billing requirements.
- Obtained summary judgment for defendant home building company against federal age and gender discrimination claims of former employee, resulting in affirmation on appeal to the U.S. Court of Appeals for the Tenth Circuit.
- Obtained summary judgment for defendant broker against real estate developer's state court claims for breach of contract, fraud and negligence related to negotiations for a potential $39+ million build-to-suit development project in northwest Oklahoma City.
- Successful first-chair representation of finance company bringing debt collection claims in AAA arbitration proceeding resulting in arbitrator's award of more than $250,000 after hearing on the merits.
- Successful second-chair defense of employer in an arbitration proceeding brought by former employee alleging breach of employment contract and culminating in a three-day hearing on the merits.