David Marcus Email & Phone Number

Us

• Lead internal counsel for Colorado and Arizona for all transactional and litigation matters including entity structure and formation, contract drafting and review, contract disputes, and risk/liability mitigation. • Managed external legal representation in high-stakes arbitration cases valued at multi-million dollars, ensuring strategic alignment with company objectives and achieving favorable outcomes.• Revamped critical company contracts to proactively minimize risk exposure and liability, enhancing overall legal protection and safeguarding company interests.• Provided expert testimony before the Colorado Senate on legislative matters affecting the company, effectively communicating key insights and recommendations to inform decision-making processes.• Negotiated advantageous settlements to resolve vendor disputes, resulting in significant cost savings for the company while maintaining positive vendor relationships.• Implemented a comprehensive reorganization of the company's structure within Colorado, strategically designed to reduce legal liabilities.

Golden, Co, Us

Denver, Colorado, Us

• Fractional general counsel to multiple software development, construction, commercial real estate, and consumer products entities, advising on corporate governance, regulatory compliance, intellectual property, risk mitigation, data privacy, consumer protection, contracting, and employment matters.• Won favorable jury verdict in negligence and consumer protection action against custom homebuilder of $1.8 million home.• Defeated multiple defamation claims via motions to dismiss or for summary judgment.• Negotiated favorable settlement for class action bank overdraft litigation.• Avoided breach of contract litigation by pre-suit negotiation of remedy on behalf of multi-national consumer products company.• Presented successful oral argument at Colorado Court of Appeals on breach of lease and attorney fees.• Prevailed completely in bench trial against failed bidder in $22 million hotel transaction asserting unfounded breach of contract claims.• Negotiated settlement on behalf of California-based family office in negligence and misrepresentation action involving construction of 96-unit multi-family residential complex.• Organized Colorado Bar Association Litigation Section continuing education presentation series.• Drafted Products Liability chapter of LexisNexis Colorado Practice Series.

Representative matters:• Domestication of a Hong Kong judgment, unwinding of a fraudulent transfer of real estate, and an award of attorneys fees totaling $7 million judgment on COCCA, conspiracy claims for a client seeking payment for accounting services rendered;• Prevailed in partnership dispute allowing distribution of proceeds from $6.4 million real estate sale;• 2019 Top-10 Colorado jury verdict of $1.6 million for client injured as a result of a residential construction design defect;• $1.2 million judgment for defective home systems installation;• Favorable verdict at trial for client defending $1 million claim for successor in interest liability;• Defeated intervention by parties attempting to interfere with a $3.2 million real estate deal;• Domesticated $1.9 million sister state judgment over objection, forcing debtor to sell Colorado real estate to pay foreclosure deficiency judgment;• Obtained summary judgment for client based on alleged acts in oil spill being too far removed from injury to constitute proximate cause;• Obtained recovery of attorney fees in settlement for defendant clients in real estate disclosure matter.Published Cases:Ledroit Law v. Kim, et al. 360 P.3d 247 (Colo. App. 2015) - Arguing the proper mechanism for service of process on a US-based defendant in a foreign action under the Hague Service Convention for purposes of domesticating a foreign-country money judgment.Deines v. Atlas Energy Servs., LLC, 2021 COA 24 - Defending summary judgment on the issue of proximate cause with respect to tort claims.

Golden - Genesee Exit Off I-70, Colorado, Us

Jd, Law

Ba, Political Science, Anthropology

Education record