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, mass torts, product liability, business fraud, antitrust, contract disputes, corporate and partnership disputes, franchising matters, ERISA, employment defense and Native American gaming. 

Mark's broad base of experience specifically includes representing employee benefit plans in ERISA lawsuits and collections cases, defending manufacturers and distributors against product liability claims, and representing management exclusively in employment matters.  In the area of healthcare, Mark not only represents healthcare providers in contract negotiations, contract disputes and litigation arising from peer review proceedings, but he also advises clients on matters involving HIPAA compliance.

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.

• 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.
• 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.