Partner

Josh A.

Marks

Legal Assistant

Cheryl Stasiak

Josh Marks is a long-standing partner at BHGR who has helped oversee and contribute to the firm’s expansion and reputation for successful and insightful legal work. He’s had a civil litigation practice for over thirty years—advising and advocating for private and public sector clients.  Mr. Marks is the head of the firm’s public entity practice group and co-chair of the employment group.  His areas of practice are public entity law, employment law and land use and zoning law.  In addition to doing trial work and appeals, he appears before commissions, hearing boards, local government decision-makers. Mr. Marks is often requested to speak at continuing education presentations and seminars.  He is rated AV Preeminent by Martindale Hubble and have been selected as one of the Best Lawyers in America by his peers.  Mr. Marks also has been appointed by the Colorado Governor and Attorney General to serve on a judicial nominating committee for Colorado’s 20th Judicial District. Please reference the “Experience” portion of  this biography for more details surrounding Mr. Marks’ legal expertise.

Experience

Employment Law

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, federal Occupational Safety and Health Administration,  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 successfully litigating  and trying 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

Public Entity Law

Mr. Marks has been successfully representing municipalities, counties, special districts and their employees in litigation for over 30 years in tort, contract and civil rights suits.  He is approved counsel on many of the public entity insurance pools within Colorado.  He has a broad base of experience defending public entities and employees in most areas of local government activity including police and sheriff actions, election controversies, land use litigation, employment claims, liquor and cannabis regulation, construction disputes and telecommunication tower denials. Mr. Marks is a frequent lecturer to state and federal audiences on governmental immunity and qualified immunity defenses that  arise from defending local governments and employees.  He has also conducted special investigations into public official conduct for local governments.

 In addition to trial work, Mr. Marks is equally comfortable in an appellate court, having argued and/or filed briefs before the all levels of appellate courts within Colorado, the Tenth Circuit Court of Appeals and the United States Supreme Court.

Land Use & Zoning Law

Mr. Marks’ is recognized as one of the most knowledgeable legal practitioners in land use and zoning controversies in Colorado, having been recognized by Best Lawyers in America for Land Use Litigation. He has developed considerable expertise in advising clients and in litigating land use controversies in state and federal courts.  His interest in land use dates back almost four decades when he was involved in challenges to the Lake Tahoe Regional Planning Agency before he entered law school.  His clientele includes municipal and county governments and resort developers.    He is well versed in planned unit developments, rezonings, subdivisions, development plan approvals, annexations, road regulation, vested rights, conservation easements, historic preservation, special use permits, extractive industry permits and takings law.  He has tried and successfully litigated land use cases in both Colorado and federal courts.  He has also assisted the development community and well as local governments in navigating often complex and competing land use regulations in Colorado.    

EDUCATION & ADMISSIONS

JURIS DOCTOR

UNIVERSITY OF COLORADO SCHOOL OF LAW, 1987

BACHELOR OF ARTS

UNIVERSITY OF CALIFORNIA AT SANTA BARBARA, 1983

U.S. District Court, District of Colorado

1987

Colorado

1987

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

1991

U.S. Supreme Court

2013

Professional Associations

American, Colorado, and Boulder County Bar Associations

Faculty of Federal Advocates

Defense Research Institute

Colorado Defense Lawyers Association

 

Josh’s Blog

In the News

#BoulderStrong

Boulder is our home. Boulder is our community. The senseless acts of violence at the King Soopers in South Boulder on March 22, 2021, leave us deeply saddened and horrified. On behalf of the firm, our hearts, thoughts, and prayers go out to the families affected by...

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