Mark Schwab is a seasoned trial attorney with a distinguished track record in high-stakes civil and criminal litigation across multiple jurisdictions. A graduate of the University of South Dakota School of Law, Mark began his legal career in New York City, where he spent eight years litigating complex matters involving construction law, commercial disputes, personal injury, multidistrict litigation, criminal defense, and administrative law. During that time, he developed a reputation for aggressive advocacy, strategic precision, and results-driven representation in both state and federal courts.
After returning to his home region, Mark established a practice serving clients throughout North and South Dakota, with a focus on complex civil and criminal matters. He has represented major corporations and contractors in the oil and gas sector in both state and federal court, handling disputes involving multimillion-dollar construction claims, master service agreements, insurance indemnification, and bankruptcy clawback litigation.
On the criminal side, Mark has successfully defended clients against serious felony charges in both state and federal court. He has secured the dismissal of numerous Class B and Class C felony charges in North Dakota, including cases involving alleged violence, fraud, and controlled substances. His track record reflects a deep understanding of prosecutorial tactics, evidentiary weaknesses, and strategic leverage—often resolving cases before trial through aggressive pretrial litigation or negotiation.
Mark is admitted to practice in North Dakota, South Dakota, and New York, as well as the U.S. District Courts for the Southern District of New York, District of South Dakota, and District of North Dakota. He is also admitted before the U.S. Court of Appeals for the Eighth Circuit.
Representative Case Results
Civil & Commercial Litigation
- KOKO Development, LLC v. Phillips & Jordan, Inc., 8th Cir. (2024) – Won summary judgment in a multimillion-dollar construction dispute due to plaintiff’s failure to disclose expert testimony; affirmed on appeal by the Eighth Circuit.
- Douglas A. Kelley v. Gus Boosalis, 8th Cir. (2020) – Reversed a multimillion-dollar jury verdict in a bankruptcy clawback case brought by the PCI Liquidating Trustee.
- Summary Judgment (2023) – Defeated developer’s defective workmanship claim against construction client; court found plaintiff lacked expert support.
- $1.2 Million Indemnity Settlement (2019) – Secured full settlement from adverse party for oil rig-related injury claims.
- $135,000 Indemnity Acceptance (2020) – Oil rig equipment damage indemnity settlement.
- $95,000 Civil Rights Settlement (2020) – Settlement in favor of plaintiff asserting civil rights violations.
Personal Injury
- $150,000 Settlement (2025) – Shoulder injury settlement arising from negligence claim.
- $730,000 Settlement (2023) – Confidential injury case.
- $725,000 Settlement (2020) – Confidential serious injury resolution.
- $250,000 Closed Head Injury (2021) – Confidential settlement.
- $125,000 Fractured Ankle Settlement (2018) – Slip-and-fall injury resolution.
- $100,000 Policy Tender (2023) – Full policy recovery in motorcycle injury case.
Criminal Defense
- Felony Dismissals (2020–2024) – Multiple dismissals of Class B and Class C felony charges in North Dakota, including allegations of drug distribution, assault, and fraud.
- Favorable resolutions in numerous serious felony matters through pretrial litigation, evidentiary challenges, and negotiation.