Mark A. Cole
Overview
Mark is a first-chair trial lawyer and strategic advisor to clients in highly regulated industries, including healthcare and financial services. He handles complex litigation matters while serving as a trusted counselor who helps clients anticipate risk, navigate regulatory landscapes, and make informed decisions before disputes arise. He has extensive experience with individual, class, and consolidated actions in state and federal courts, and represents clients in arbitration before various administrators, including the AAA, JAMS, and AHLA.
Mark leads the firm’s Health Care Litigation practice, representing a variety of healthcare providers and entities in litigation and investigations, particularly those arising under the False Claims Act. Beyond the courtroom, Mark serves as a strategic advisor helping clients structure deals and operations to minimize exposure and respond effectively when issues emerge.
Mark’s litigation practice extends to data breach matters, including defending class action lawsuits in state and federal court, where his strategic counsel helps clients manage both legal liability and business continuity.
Prior to joining Spencer Fane, he served in-house as Corporate Counsel – Litigation at H&R Block, where he managed complex litigation and the company’s nationwide arbitration program, giving him a client-side perspective that informs his strategic approach to every matter.
Credentials
Education
- University of Kansas School of Law, 2007 (J.D.)
- University of Kansas, 2004 (B.S.)
Court Admissions
- U.S. District Court for the District of Kansas
- U.S. District Court for the Western District of Missouri
- Represented a hospital in a False Claims Act case brought by a former employee, resulting in summary judgment for the hospital, which was affirmed on appeal.
- Defended a physician group in a False Claims Act case brought by former employees, resulting in a jury trial.
- Defended a hospital against whistleblower retaliation claims, resulting in a successful outcome after trial.
- Represented providers against managed care companies for underpayment and misclassified claims.
- Represented a hospital against a management company for mishandling Medicare Advantage claims.
- Defended multiple hospitals against data breach class action claims, achieving successful resolution after dismissals for lack of standing.
- Represented a medical device manufacturer, culminating in the exclusion of plantiffs’ expert witnesses and entry of summary judgment for the defendant.
- Counseled clients and provided representation during internal medical peer review processes and external appeals.
- Defended against individual, mass, and class claims utilizing statistical sampling and trending analyses.
- Best Lawyers in America, Health Care Law, 2023-2026
- Missouri & Kansas Super Lawyers, Rising Stars, 2022
- Missouri Bar Association
- Kansas City Metropolitan Bar Association
- Missouri Organization of Defense Lawyers
- Defense Research Institute
- Kansas Association of Hospital Attorneys
- Kansas Bar Association
- “FCA Enforcement Trends in 2024,” ABA Health eSource, American Bar Association, December 2024