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

Updates in California Employment Law: Additional Requirements for Pay Data Reporting and Pay Transparency
Updates in California Employment Law: Additional Requirements for Pay Data Reporting and Pay Transparency On September 27, 2022, Governor Gavin Newsom signed into law Senate Bill 1162 ("SB 1162"), expanding California's data reporting requirements under Government...

Client Alert: What Employers Must Convey Upon Employee Termination or Separation
Colorado's most recent legislative session, concluding in early May, pushed through several new employment-related laws that concern employers and employees alike. Senate Bill (SB) 22-234 should be of particular interest to employers, as it requires employers to...

Client Alert: Colorado Places New Restrictions on Non-Compete Agreements Between Employers and their Employees
Colorado has long disfavored non-compete agreements within the state. Historically, under C.R.S. § 8-2-113, restrictive covenants were void and unenforceable except for under specific circumstances, including: the purchase and sale of a business or the assets of a...
In the News
Merritt Named Co-Chair of the Firm’s Trusts, Estates, Probate, and Tax Practice
Shelly Merritt, a partner at Berg Hill Greenleaf Ruscitti, has been named the co-chair of the Firm's Trust, Estates, Probate, and Tax Practice. Merritt has over thirty years of experience representing individuals, families, closely-held businesses, executives, and...
BHGR Introduces the Women’s Leadership Committee
Just in time for Women's History Month, Berg Hill Greenleaf Ruscitti LLP formed and formally introduced the BHGR Women's Leadership Committee. The Women's Leadership Committee is comprised of sixteen female attorneys and was established to recognize and cultivate a...
BHGR Partnership Expands with 2023 Elections
The Berg Hill Greenleaf Ruscitti partnership gathered at our Boulder office on January 31, 2023. In that meeting, attorneys Geoff Williamson and Benjamin Wilson were elected Equity Partners, and Elizabeth Froehlke and DJ Goldfarb were elected Non-Equity Partners,...
Firm Happenings
Updates in California Employment Law: Additional Requirements for Pay Data Reporting and Pay Transparency
Updates in California Employment Law: Additional Requirements for Pay Data Reporting and Pay Transparency On September 27, 2022, Governor Gavin Newsom signed into law Senate Bill 1162 ("SB 1162"), expanding California's data reporting requirements under Government...
Client Alert: What Employers Must Convey Upon Employee Termination or Separation
Colorado's most recent legislative session, concluding in early May, pushed through several new employment-related laws that concern employers and employees alike. Senate Bill (SB) 22-234 should be of particular interest to employers, as it requires employers to...
Client Alert: Colorado Places New Restrictions on Non-Compete Agreements Between Employers and their Employees
Colorado has long disfavored non-compete agreements within the state. Historically, under C.R.S. § 8-2-113, restrictive covenants were void and unenforceable except for under specific circumstances, including: the purchase and sale of a business or the assets of a...