Rich Marsh

Principal Areas of Practice:
Real estate law, including buy/sell; finance; landlord/tenant; investment;
title insurance; land use/zoning; construction and permitting; mechanics
liens and public works; and related litigation.

Business law, including entity formation and company governance;
operating and shareholder agreements; customer and supply contracts;
franchise and licensing agreements; non-compete agreements; trade
secret law; federal and state unfair competition law; and related
litigation.

Business tort, contract and unfair competition litigation, including all
types of business contracts; shareholder and member disputes; federal
Lanham Act; federal Trademark Act; federal computer fraud statutes;
franchise agreements; Colorado Deceptive Trade Practices Act; federal
qui tam and federal claims statutes; and business fraud, interference
and slander.

Employment law, including federal and state anti-discrimination; wrongful
discharge; whistleblower; qui tam and federal claims; employee handbooks;
employee recruitment, governance and termination; and related litigation.

Church organization law, including non-profit formation, governance and
operation; ecclesiastical law; First Amendment; exempt organizations; clergy
misconduct; and related litigation.

Chancellor (General Counsel), Rocky Mountain Conference of The United
Methodist Church.

Education:
Northwestern University (B.A. 1975); IIT-Chicago Kent College of Law (J.D. cum laude 1979).

Admitted To Practice:
Admitted to bar: Illinois (1979); Colorado (1985); U.S. District Court/Colorado;
U.S. Court of Appeals/10th Circuit.

Previous Affiliations:
Partner – Massey Showalter & Marsh, P.C. (Denver)
Partner – Marsh & Kolko, P.C. (Denver)
Partner – Grant McHendrie Haines & Crouse, P.C. (Denver)
Associate – Schumacher Jones Kelly Olson & Pusch (Chicago)
Municipal Judge – Town of Eads, Colorado

Professional Affiliations:
Member: American (Litigation Section; Committee on Business Torts Litigation), Colorado
(Sections on Litigation and Real Estate Law), Boulder County Bar Associations; Colorado Trial
Lawyers Association; Plaintiff Employment Law Association.

Civic Involvement:
Board Member, Longmont YMCA (2005–);
Legal Counsel to Carbon Valley Chamber of Commerce (2009-)
President/Board Member, University of Colorado Parents Association (2003-2007)
President/Board Member, Carbon Valley Chamber of Commerce (1998-2003)
President/Board Member, Kiowa County Chamber of Commerce (1995-1998)
Officer/Board Member, South Metro Denver Chamber of Commerce (1990-1993)

Representative Cases and Practice Areas:
Insurer representation in bad faith breach of bank fidelity coverage, federal court jury.
Greenhorn Valley State Bank.

Remand proceedings in state trial court following decision of Colorado Supreme Court in
Stoertroen v Beneficial Finance Corp. Real estate brokerage.

Liability of condominium developers for latent defects in conversion of existing rental
property. State court bench trial and appeal.

Multiple cases involving lender liability for deficiency foreclosure bids. State court
jury and bench trials, motion practice.

Lawyer liability for mishandled series of foreclosures divesting former client of investment
portfolio. State court jury, settled in 7 figures.

Litigation and arbitration proceedings involving asset purchase and stock purchase agreements,
breaches of warranty and representations.

Defense of civil forgery and wrongful notary involving real estate transfer. State bench trial.

Trade secret and non-compete litigation in state and federal courts, preliminary injunction
hearings. Industries include oil well pump controllers, specialty magazines, trade shows,
high-tech marketing reps, nutritional supplements.

Section 1983 litigation in state and federal courts involving land use decisions by county
and municipal bodies. Trials and appeals.

Lender representation in complex asset recovery matters involving real estate foreclosures,
marshalling, receiverships, pre-judgment attachments, replevin proceedings, related litigation
of lender liability claims.

Creditor Committee representation in Chapter 11 proceedings – building supply industry.

Lender and creditor representation in Chapter 11 proceedings. Industries include steel, coal,
building supplies, office supplies, real estate developers.

Creditor representation in non-discharge, exemption, preference and transfer litigation in
bankruptcy court.

General contractor representation in construction defect, delay damage litigation. Bench trials
and appeals.

Representation of Resolution Trust Corporation, FDIC and FSLIC involving failed S&Ls.

Ecclesiastical, religious organization and non-profit corporation law. All issues from formation
through operations to dissolution and discontinuance.

Commodity broker jury trial in federal court, hedge and speculator margins in grain futures.
Geldermann & Co. v. Hartley

Breach of express family trust agreements, undue influence, control of closely-held family
corporations. State court bench trial and appeals. Collins v Nugent.

Taxability of interest income on FSLIC-mandated reserve accounts. Bell Federal S&L v Illinois.
Trial, appeal, petition for certiorari with USSCt

Dealer termination of copy machine distributor, antitrust counterclaims. Federal court.
Sharp Electronics.

Manufacturer liability for copy machine defects brought by end-lessee, privity of contract,
consequential and extra-contractual damages. State court MSJ, appeals. Spiegel v Sharp Electronics.

Alleged race and sex discrimination in lending practices of federally-chartered S&L. Federal
court. Bell Federal S&L.

Closed numerous residential property transactions funded by HUD incentive loans for inner city
blight areas. NHS Chicago

Copyright and trademark litigation involving advertising specialty industry. Advertising
Specialties v Janus. Federal court.

Probate court litigation raising de novo issue of liability of parent’s estate for educational
and health expenses of adult children from prior marriage.

Title VII race and sex discrimination in employment, employer representation. Bench trials,
federal court.

ADEA federal court bench and jury trials, employee representation.

Election fraud, manipulation of absentee ballots, Chicago alderman, FBI sting operation.

Clients represented in litigation:
Am. Fed. S&L of Iowa; Amer Home Life Ins. Co.; Bell Fed. S&L of Chgo; Beneficial Finance Corporation;
Capitol Bankers Life Ins. Co.; Celotex Corporation; Central Life Assurance Company;
Chicago Title Ins. Co.; Colorado Nat’l Bank of Golden, NA; Commonwealth Mortgage Acceptance Corp.;
FDIC; First Denver (Megapolitan) Mtge. Co.; First Interstate Bank of Golden, NA; Gold Bond Building
Products; Paul Harvey; Heritage S&L Assn. of Lamar; Kiowa County School Dist RE-1;
Kiowa County Hospital District (Weisbrod Hospital); Illinois Mutual Life Ins. Co.;
Johnson Controls, Inc.; Resolution Trust Corporation; Santa Fe Mining Co; Santa Fe Railroad;
Sharp Electronics Corporation; Sunwest Banks of New Mexico, NA; Tarkett Industries; Ticor Title
Insurance; United Bank of Northglenn, NA; Verex Assurance Inc.

Parties Opposed in litigation:
Sundstrand Corporation; Kikkoman Corporation; State Farm Insurance; Kaiser Steel Corporation;
Kaiser Coal Corporation; Occidental Petroleum; Geldermann & Co.; Sun Microsystems;
Amer. Furn. Warehouse.