Mark A. Olthoff
Areas of Focus
Class Action and Multidistrict Litigation
Corporate Directors & Officers Liability Litigation
Financial and Securities Litigation
Professional Services Litigation
, 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, class actions, and legal ethics. Mark was a co-editor of the Kansas City Metropolitan Bar Asscoation's Business Litigation Handbook and the author of the chapter on piercing the corporate veil. 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, 2008-2017
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 large health care company in class action asserting improper sales tax collection.
Defended cloud technology company in action alleging fraud, statutory violations, and breach of contract.
Represent national non-profit organization in defense of class action alleging violation of TCPA.
Represent health club organization in defense of class actions alleging violation of state consumer protection law.
Represent water line insurer in defense of class action alleging violation of state consumer protection law.
Represent clothing manufacturer in defense of claims alleging breach of contract and tort claims.
Represent engineering company in defense of claims arising from failed purchase agreement.
Represent law firm in defense of legal malpractice claims.
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 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.
Publications & Presentations
Commercial Litigation Fundamental Challenges: Multistate Consumer Class Actions
DRI - The Voice of the Defense Bar
Missouri Appellate Court Explores Legal Remedies after Failed Business Purchase, Joins the Trend of State Court Exploring the Contours of Declaratory Judgments, Law and Equity
Waiver Redux: Appeals Court Confirms That Arbitration of Unnamed Class Member Claims Not Waived Following Certification Decision
Lifesaving Texts Survive TCPA Claims
Cryptocurrency Class Action Lawsuits: A New Frontier
Issuers of Tokens Beware: Class Action Lawsuits Are Coming
For Whom the Class Action Tolls: American Pipe to be Revisited
Missouri Appellate Court Clarifies MUFTA After Complicated Lawsuit
Game Over: Supreme Court Terminates Gamers’ Early Review of Class Certification Denial
June 30, 2017
The Ascertainability Debate Part II: Supreme Court Asked to Consider Standard for Identifying Absent Class Members
May 31, 2017
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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