Josh A. Marks
J.D., University of Colorado School of Law, 1987
B.A., University of California at Santa Barbara, 1983
U.S. District Court, District of Colorado, 1987
U.S. District Court, Tenth Circuit Court of Appeals, 1991
U.S. Supreme Court, 2013
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.
American, Colorado, and Boulder County Bar Associations
Faculty of Federal Advocates
Defense Research Institute
Colorado Defense Lawyers Association