Mark A. Olthoff
Areas of Focus
Class Action Litigation
Corporate Directors & Officers Liability Litigation
Financial and Securities Litigation
Litigation and Dispute Resolution
Professional Services Litigation
Financial Regulatory Enforcement
, University of Iowa
, with distinction;
Journal of Corporation Law
, Articles Co-Editor; Phi Delta Phi
, Iowa State University
, with distinction;
Phi Kappa Phi
U.S. District Court, Western District of Missouri, 1988
U.S. District Court, District of Kansas, 1998
U.S. Court of Appeals, Tenth Circuit, 2003
U.S. Court of Appeals, Eighth Circuit
U.S. Tax Court, 2016
Mark Olthoff looks for solutions. Whether it is help resolving a commercial dispute, responding to a financial services claim, or counseling on a corporate governance issue, Mark’s experience and knowledge guides clients to the best possible result. He has extensive litigation experience with class actions, consumer protection, banking and securities laws, and all manner of business disputes. Mark's national practice includes actions involving FDCPA, RICO, FCRA, TILA and other federal and state statutes. Mark represents numerous financial institutions and is an author and frequent speaker on subjects such as piercing the corporate veil and legal ethics. He also was appointed member of the Missouri Supreme Court Disciplinary Committee from 2008-2016.
Selected for inclusion in
Missouri & Kansas Super Lawyers
Corporate Counsel Edition, 2008-2016
Missouri Institute for Justice and Justice Institute of Missouri
Vice President, 2014-2015
American Bar Association
Business Law Section, Corporation Litigation Committee
DRI Commercial Litigation Committee
Financial Institution and Creditors' Rights Special Litigation Group
Vice Chair, 2015
Publications Chair, 2015
The Missouri Bar
Missouri Organization of Defense Lawyers
Amicus Committee Co-Chair, 2003-2004
Missouri Bankers Association
Bank Counsel Section
Kansas City Metropolitan Bar Association
Federal Court Advocates Section
Business Torts Committee Chair, 2000
Missouri Supreme Court, Region IV
Disciplinary Committee, Chair
Disciplinary Committee, 2009-2015
Represent orthodontic supply company in class action asserting violations of TCPA and common law claims.
Represent large Midwest bank in defending commercial lender liability claims and presenting claims against borrower for nonpayment.
Defended officers and directors of community bank against lender liability claims.
Represent limited liability companies, owners and officers in class actions seeking actual and statutory damages under FDCPA, RICO and state law claims in numerous federal court venues.
Represent owner of business defending class action alleging violation of MMPA, common law.
Represent numerous financial institutions and securitized trusts against plaintiffs’ claims alleging violation of federal and Missouri consumer protection and bank acts.
Defended investors in partnership interests and low-income housing credits when plaintiffs sued, alleging misrepresentation, breach of fiduciary duty, and violation of the state consumer protection act. Successfully completed the litigation to arbitration and case settlement.
Represented technology company and officer in suit claiming breach of fiduciary and breach of contract.
Represented technology company sued under TCPA.
Represented agricultural technology company in a suit over alleged trade secrets and breach of contract.
Represented a major homeowner insurance company that was sued by plaintiffs, alleging discrimination and violations of federal housing acts. Plaintiffs claimed that multiple insurance companies charged rates that discriminated on the basis of race. Successfully defeated class certification.
Successfully defended a large financial institution and brokerage house when a medical supply firm sued, alleging antitrust claims and state law causes of action. Plaintiff asserted monopolization and restraint of trade, trade secret act violations, misrepresentation, tortious interference, and breach of contract against various corporations and individuals. All claims dismissed.
Successfully defended remaining shareholders in a claim brought by a former co-owner. Plaintiff alleged claims that defendants breached employment and shareholder agreements. Judgment entered for defendants.
Obtained $1 million dollar verdict in a commercial real estate lease dispute while defeating misrepresentation counterclaims.
Defended a purchaser of business machine monitoring devices and others against the seller, who alleged claims of fraud, tortious interference, breach of contract, and piercing the corporate veil. Verdict for the plaintiff on fraud claim was reversed on appeal, vacated, and judgment entered for defendants.
Represent taxpayers in Missouri Administrative Hearing Commission appeals of sales, use and income tax assessments and refund denials.
Represent technology company in claims by FTC and private plaintiffs in class action asserting violations of consumer protection laws.
Represent utility service company in class action alleging violations of consumer protection laws.
The Ascertainability Debate Part II: Supreme Court Asked to Consider Standard for Identifying Absent Class Members
May 31, 2017
Senate to Debate Fairness in Class Action Litigation Act
Proposed CFPB Regulations Seek to Expand Agency’s Disclosure Opportunities
Is That What Friends (and Family) Are For? Supreme Court Resolves Circuit Split in Insider Trading Case But Questions Remain
Gone For Good: Federal Court Denies Arbitration Opportunity
Publications & Presentations
Recent Creditors’ Rights Cases Shine Light on Bankruptcy Fraud Standards
The Business Suit, Newsletter of the Commercial Litigation Committee
September 20, 2016
Recent Supreme Court Action Creates Uncertainty in Financial Industry
July 12, 2016
Bank Preemption: Solicitor General Does Not Support Supreme Court Review
June 9, 2016
High Court Spokeo Ruling on Standing Avoids Nixing No Injury Class Actions
May 18, 2016
Publications & Presentations
Does National Bank Act Preemption Apply to Downstream Assignees?
October 2, 2015
Polsinelli's Mark Olthoff Interviewed by Los Angeles Times on Fraud Case
June 3, 2016
2014: The Year of Expanded Legal Liability for Financial Institutions
October 30, 2014
"Resolving complex disputes requires boiling down the problems and finding opportunity in the difficulty. We work with you to find the right solution so that you can move your business forward."
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