Joseph W. Mark

Joey helps his clients resolve real estate and business disputes.  As a member of the firm’s Business Litigation and Real Estate Sections, Joey’s practice is focused on representing businesses, business owners and investors, developers, landowners, brokers, landlords, property managers, and homeowners throughout Colorado and throughout the country in matters involving:

·       Business disputes including ownership, governance, and shareholder issues and operational issues including breach of contract and business torts.

·       Property ownership including title, encumbrance, easement, partition, and taxation disputes.

·       Property sales and purchases including earnest money disputes, non-disclosure issues, and commission disputes.

·       Commercial lease disputes and lease enforcement.

Joey represents his clients in state and federal court and utilizes every part of the litigation process to advance his clients’ goals.

As a native Coloradan, having grown up in the Denver Metro area, Joey brings a unique understanding of market issues facing Colorado’s commercial and real estate markets.  Joey believes in a realistic and rational approach to finding the best possible solution to his clients’ real estate and business issues. Joey emphasizes candor when advising his clients so that his clients can make informed business decisions regarding the handling of their cases and disputes.

Before joining Fennemore, Joey was with the Denver firm, Moye White. Joey started there as an associate and was elevated to partner. Before joining Moye White, Joey worked as an associate for a Denver firm where he focused on commercial litigation matters including professional liability, sports and recreation, and product liability.  Additionally, Joey clerked for the Honorable Terry Fox on the Colorado Court of Appeals, where he researched and drafted many appellate opinions, both published and unpublished, on a wide array of legal issues affecting Colorado.

In his spare time, Joey enjoys spending time with his family. You will find Joey skiing (going big), golfing, cycling, fly fishing, and traveling.


  • J.D., University of Denver
    • Articles Editor, Denver Law Review
  • B.A., University of Denver

Areas Of Practice

Experienced, forward-thinking advocates who go beyond the expected for clients in dispute prevention and resolution.

Our real estate practice is one of the largest in the American West, including Arizona, California, Colorado and Nevada with experience in all aspects of the real estate development process, from due diligence, acquisition and finance, through land use permitting and entitlements, to leasing and sale.


  • Best Lawyers® Ones to Watch: Commercial Litigation, 2022 – 2024; Litigation – Real Estate, 2023 – 2024
  • Colorado Super Lawyers Rising Star: Business Litigation, 2021 – 2024

Articles and Presentations

  • Presenter, “Identifying, Classifying, and Locating Private Easements,” Colorado Land Law CLE, May 9, 2024
  • Co-Author, “Silver Linings Provide Optimistic Future for Litigation Post-Pandemic,” ColoradoBiz, September 2021
  • Chapter Author, “Colorado Causes of Action: Elements, Defenses, Remedies, and Sample Pleadings, “Promissory Estoppel,” 1st Ed. (Steven C. Choquette, ed.),” CBA-CLE, 2019
  • Author, “Fleury v. Intrawest: A Bittersweet Victory for Expert Inbounds Skiing and Riding Terrain,” 14 Law Week Colo. 26 at 16, June 2016
  • Author, “United States v. Hatch: The Significance of the Thirteenth Amendment in Contemporary American Jurisprudence,” 91 Denv. U. L. Rev. 693, 2014

Professional and Community Affiliations

  • Colorado Bar Association, Former Board of Governors Representative, 2018-2019
  • Denver Bar Association, Former Board of Trustees (2020-2021); Young Lawyers Division Executive Council Member (2017-2020)
  • Downtown Denver Partnership, Leadership Program, 2023
  • Faculty for Federal Advocates


  • Colorado
  • U.S. District Court – District of Colorado
  • U.S. Supreme Court