Partner
Josh A.
Marks
Legal Assistant
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.
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
Honors & Awards
Best Lawyers, Civil Rights Law, Litigation – Labor and Employment Litigation, Land Use and Zoning, since 2018

Josh’s Blog

Understanding the EEOC’s Proposed “Enforcement Guidance on Harassment in the Workplace” and How Your Business Should Respond
The United States Equal Employment Opportunity Commission (EEOC) is seeking public comment on its proposed “Enforcement Guidance on Harassment in the Workplace” through November 1, 2023. The proposed guidance provides a legal analysis of standards for harassment and...
What is Civil Litigation? An Overview of the Civil Litigation Process
This article provides general information only. It is not legal advice. Individuals or entities considering legal action should consult with an attorney to understand the unique aspects of their case and the court systems in which their cases may be filed or pending....

Colorado Employment Law Changes 2023
This legislative summary is informational only. The presentation or use of this information does not in any manner constitute an attorney-client relationship between BHGR and the website user. While the information on this site concerns legal issues, it is not...
In the News
Berg Hill Greenleaf Ruscitti Sponsors the 2024 Construction SuperConference
Our team is en route to Hollywood, Florida, to attend the 2024 Construction SuperConference. This is the firm's third year sponsoring this national construction event, and we are thrilled to see our colleagues and friends over the next few days. Attending this year's...
Recognizing Our Native Lands
All over the United States, we occupy lands that are recognized by treaty as the territories of Indigenous Nations. For Native American Heritage Month, BHGR wanted to recognize the territories of Indigenous Nations that our offices occupy.Boulder/Denver Office Many of...
LGBTQ+ Through History
LGBTQ+ History Month is a month-long celebration of the history of the diverse lesbian, gay, bisexual, transgender, and queer community as well as the importance of civil rights movements in progressing gay rights. In 1995, a resolution passed by the General Assembly...
Firm Happenings
Berg Hill Greenleaf Ruscitti Sponsors the 2024 Construction SuperConference
Our team is en route to Hollywood, Florida, to attend the 2024 Construction SuperConference. This is the firm's third year sponsoring this national construction event, and we are thrilled to see our colleagues and friends over the next few days. Attending this year's...
Understanding the EEOC’s Proposed “Enforcement Guidance on Harassment in the Workplace” and How Your Business Should Respond
The United States Equal Employment Opportunity Commission (EEOC) is seeking public comment on its proposed “Enforcement Guidance on Harassment in the Workplace” through November 1, 2023. The proposed guidance provides a legal analysis of standards for harassment and...
What is Civil Litigation? An Overview of the Civil Litigation Process
This article provides general information only. It is not legal advice. Individuals or entities considering legal action should consult with an attorney to understand the unique aspects of their case and the court systems in which their cases may be filed or pending....