Mark Spencer is an experienced litigation attorney whose trial and appellate practice encompasses the areas of employee benefits litigation, insurance defense, healthcare litigation, employment litigation and appellate law with a heavy emphasis on ERISA litigation. Throughout his extensive career, he has handled more than 250 federal court cases and in excess of 60 federal appeals. Much of Mark's practice is devoted to regularly counseling and defending employers, insurers, administrators, fiduciaries, third-party administrators (TPAs), health maintenance organizations (HMOs) and benefits providers in a wide variety of disputes, including those involving administrative review proceedings, claims decisions, subrogation/reimbursement actions, alleged breaches of fiduciary responsibility, protected rights litigation, claims for prohibited transactions, alienation of benefits, plan service provider malpractice, reinsurance, and claims arising from reductions-in-force. In an effort to help clients avoid future litigation, he works closely with the firm's employee benefits attorneys, providing valuable advice regarding the design and implementation of employee benefits plans, and regularly counsels clients on ERISA compliance. He also drafts and reviews service contracts as part of his benefits counseling practice. In addition to litigating cases involving employer-provided benefits, Mark represents insurance companies in traditional life, health and disability insurance litigation. For several years he has been the planner and moderator of the Oklahoma Insurance Law Update, an annual seminar sponsored by the Oklahoma Bar Association. A portion of Mark's practice is also devoted to appellate matters. Throughout his career, he has successfully represented clients before the U.S. Supreme Court and various federal and state appellate courts. His achievements have earned him inclusion in The Best Lawyers in America (commercial litigation, employee benefits/ERISA law, ERISA litigation). Upon graduation from law school and before entering private practice, Mark served as a law clerk for the Honorable William J. Holloway, Jr., Chief Judge of the U.S. Court of Appeals for the Tenth Circuit. Mark is a frequent speaker on the specialty topics of ERISA and insurance litigation at the state and national levels. He has also been interviewed by the media for his analysis on U.S. Supreme Court decisions. Representative Experience · Great-West Life & Annuity Ins. Co. v. Knudson, 534 U.S. 204 (2002) (amicus curiae) · Brown v. J.B. Hunt Transp. Servs, Inc., 586 F.3d 1079 (8th Cir., 2009) · Gaither v. Aetna Life Ins. Co., 394 F.3d 792 (10th Cir. 2004) · Conover v. Aetna US Healthcare, Inc., 320 F.3d 1076 (10th Cir. 2003), cert. denied, 542 U.S. 936 (2004) · Beaird v. Seagate Tech., Inc., 145 F.3d 1159 (10th Cir.), cert. denied, 525 U.S. 1054 (1998) · Gaylor v. John Hancock Mut. Life Ins. Co., 112 F.3d 460 (10th Cir. 1997) · Shamrock Drilling Fluids, Inc. v. Miller, 32 F.3d 455 (10th Cir. 1994) · Warner v. Aetna Health Inc., 333 F.Supp. 2d 1149 (W.D. Okla. 2004) · Conover v. Aetna US Healthcare, Inc., 167 F. Supp. 2d 1317 (N.D. Okla. 2001) · Great-West Life & Annuity Ins. Co. v. Clingenpeel, 996 F. Supp. 1348 & 1353 (W.D. Okla. 1998) · Melton v. White, 848 F.Supp. 1511 & 1513 (W.D. Okla. 1994) · Metro. Life Ins. Co. v. Browning, 839 F.Supp. 1508 (W.D. Okla.1993) · Ferguson v. The Prudential Ins. Co. of Am., 777 F.Supp. 15 (W.D. Okla. 1991) · Cranfill v. Aetna Life Ins. Co., 2002 OK 26, 49 P.3d 703 · Trice v. Burress, 2006 OK CIV APP 79, 137 P.3d 1253 In The News · Justices grapple on handling precedents
The Journal Record - July 5, 2007 At The Podium · 409A Compliance and Correction: How to Adequately Administer Plans Given the Complexity of the Rules and Avoid Operational and Documentation Failures presented at ACI's National Advanced Compliance Forum on Minimizing Legal Risks in the Design, Implementation & Administration of Employee Benefits Plans on May 24, 2010 in New York, New York. · Hidden Strategies to Health Plan Savings presented at Society of Human Resources Management Conference on May 6, 2010 in Tulsa, Oklahoma. · Service Provider Relationships: Defending and Managing Litigation that Arises Between Plans and Providers presented at ACI Premier Forum on Defending and Managing ERISA Litigation on October 19, 2009 in New York, New York. · Potential Legal Issues Facing a Health Board or Plan presented at Oklahoma State Medical Association's OSMA Health Retreat on February 20, 2009. · Insurance/Benefit Law Update presented at Oklahoma Employment Law Association on April 10, 2007. · Insurance/ Benefit Law Update presented at Oklahoma Corporation Commission on November 16, 2006. · Understanding Fiduciary, Criminal and Ethical Considerations in The ERISA Context presented at National Association of Subrogation Professionals' 6th Annual Conference on November 9, 2004 in Atlanta, Georgia. Professional Organizations And Memberships · Oklahoma County Bar Association · Oklahoma Bar Association · Oklahoma Bar Foundation (Fellow) · American Bar Association · Federal Bar Association (President and Board Member, Oklahoma City Chapter; Former Chair, Pro Bono Committee, Oklahoma City Chapter) · Oklahoma Association of Defense Counsel · Ruth Bader Ginsburg American Inn of Court (Master Emeritus of the Bench) · Luther Bohanon American Inn of Court XXIII (Former Barrister) · National Association of Subrogation Professionals · SouthWest Benefits Association Civic Involvement And Leadership · Oklahoma State Board of Psychology Examiners (Hearing Examiner) · Oklahoma Christian Counseling Center (Director) |