Josh A.


Josh Marks’ employment law expertise spans more than twenty-five years over a wide array of litigation and arbitration forums. Mr. Marks has tried dozens of personnel arbitrations involving terminations, suspensions, and demotions before hearing officers, civil service commissions, and review boards. He represents employers and employees in investigatory proceedings before government agencies, such as the Equal Employment Opportunity Commission, the Colorado Civil Rights Division, the Federal Wage and Hour Division, and the Colorado Department of Labor.

In addition to his administrative experience, Mr. Marks frequently defends private and public sector employers in federal and state courts in breach of contract, non-payment of wages, wrongful discharge, employment discrimination, and retaliation claims based on race, gender, age, national origin, speech or disability, breach of fiduciary duty, non-compete, non-solicitation, and proprietary information obligations. He has a wide range of experience litigating cases brought under federal and Colorado law, including Title VII of the 1964 Civil Rights Act, the Americans with Disabilities Act, the Family, and Medical Leave Act, ERISA, the Fair Labor Standards Act, and other civil rights statutes.

As a result of Mr. Marks’ experience in handling employment cases, he is well-known and recognized by federal judges and magistrates within the District of Colorado for his skilled and vigorous representation of clients.

Mr. Marks also works with employers in reducing the risks of litigation and disputes through reviews of employee handbooks, oversight of workplace investigations, and terminations. Mr. Marks’ goal-oriented approach resonates well with his clientele and provides them with the confidence that the pursuit of their needs is the driving force behind his representation.

In addition to his employment law experience, Mr. Marks is frequently retained to defend law enforcement and jail personnel in civil rights suits involving false arrest, excessive force, and conditions of confinement claims. He has developed considerable expertise in litigating land use controversies in state and federal courts. His clientele includes municipal and county governments and resort developers. He is known as one of the pre-eminent litigators in Colorado for land use cases. He lectures in this and other areas of expertise, which include regional and national audiences. Mr. Marks is AV-Preeminent rated by the Martindale-Hubbell peer review ratings system.

Legal Assistant

Cheryl Stasiak






U.S. District Court, District of Colorado




U.S. District Court, Tenth Circuit Court of Appeals


U.S. Supreme Court


Professional Associations

American, Colorado, and Boulder County Bar Associations

Faculty of Federal Advocates

Defense Research Institute

Colorado Defense Lawyers Association


Josh’s Blog

COVID-19 State Orders

As the nation continues to see more issued orders, employers need to stay appraised of whether they are essential or non-essential in the states in which they operate.California  Colorado Delaware Hawaii Illinois Indiana Louisana  Michigan  Minnesota...

In the News

BizWest: Ruscitti Talks Force Majeure

Right now, Ruscitti said he’s telling clients to be ready to assert or defend force majeure and to document in detail how the COVID-19 pandemic is affecting them. He’s also advising them not to panic and to remember that their companies are not the only ones dealing...

Firm Happenings


SBA Loans Under the CARES Act

On March 27, 2020 President Trump signed the CARES Act[1]. This client alert provides a brief overview of many of the SBA[2] provisions of the CARES Act that are likely to be of benefit to our clients.  PAYCHECK PROTECTION PROGRAM The CARES Act Paycheck...