Jonathan A. Marks

Jonathan A. Marks

Partner

P: 303.892.7364

F: 303.893.1379

Location

Denver

Assistant

Christina Hill

P: 303.892.7511

Admitted In

  • Colorado

Jonathan Marks is a partner in the Finance & Acquisitions Group of Davis Graham & Stubbs LLP. He concentrates his practice on the design and administration of all types of employee benefit plans, executive compensation arrangements, and equity compensation plans, as well as on the employee benefits and executive compensation issues arising out of mergers, acquisitions, and public offerings. 

Mr. Marks has substantial experience designing, drafting and amending all types of benefit plans and arrangements, including qualified retirement plans (401(k), defined contribution, defined benefit, collectively-bargained, and governmental plans), tax-sheltered annuities, health and welfare plans, and other fringe benefit arrangements. He also counsels clients on the day-to-day administrative, fiduciary, and legal compliance issues that arise under their plans and has assisted clients with the preparation and negotiation of voluntary compliance program submissions and other matters pending before the Internal Revenue Service, Department of Labor, and other governmental regulatory agencies. 

Mr. Marks has assisted clients in the drafting, design, and administration of all forms of cash and equity compensation arrangements, including annual and multiyear cash bonus arrangements as well as time and performance-vested stock options, restricted stock, stock appreciation rights, and partnership equity arrangements. He has significant experience in drafting executive employment agreements, nonqualified deferred compensation plans, and supplemental retirement arrangements, and has assisted clients with the preparation of proxies and other compensation-related securities filings. 

Mr. Marks is actively involved in the transactional practice of DGS. He has prepared severance, change-in-control and retention plans and agreements, negotiated the benefits provisions in merger and acquisitions agreements, and directed the integration of benefit plans after the closing of transactions. He also has specific expertise in the calculation of golden parachutes and the implementation of strategies to mitigate golden parachute tax issues. 

Mr. Marks has worked with clients in a number of sectors, including software/high tech/data storage, mining and minerals, oil and gas production and distribution, recreation and leisure, utilities, agriculture and livestock, private equity, and tax-exempt and governmental, among others.

Mr. Marks was named a Rising Star by Thomson Reuters from 2010 to 2013 and has been listed in The Best Lawyers in America®for Employee Benefits since 2013.

Education

University of Colorado, J.D., 1999
Boston University, B.S.B.A., 1995

December 2014

Here We Go Again - Key Legal Issues for Upstream Energy Companies Raised by Recent Declines in Oil Prices

After a period of relative stability, volatility in global oil prices has returned with a vengeance in recent weeks. Slow economic growth in many regions, OPEC inaction, and surging U.S. production have combined to cause a precipitous fall in the price of oil, which continues to hit new multiyear lows.

January 2014

DGS Public Company Update

Please join DGS; Julie Lutz, SEC Regional Director; John Walsh, U.S. Attorney for the District of Colorado; Rebecca Franciscus, SEC Attorney Advisor; and your public company peers for our 8th annual event. Topics will include securities and other enforcement trends affecting public companies, an update on securities offering reform, and preparing for the 2014 proxy season.

August 2012

45 DGS Attorneys Named Best Lawyers®

Forty-five DGS attorneys were named Best Lawyers® by publisher Woodward/White, Inc. in its annual guide recognizing legal excellence.

November 2011

Summary Plan Descriptions in Today's Landscape

The Summary Plan Description (“SPD”) is:

  • A disclosure of key plan terms required by Section 104(b)(1) of ERISA;
  • Provided to participants and beneficiaries, notifying them of rights and obligations under an employee welfare plan or an employee pension plan; that is
  • Written in a manner understandable by the “average plan participant.” i.e. the SPDfor a coal mine can look different than the SPDfor an investment bank.
  • Typically, the primary means of communicating plan information to participants.

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May 2011

Jonathan Marks Expands DGS Executive Compensation & ERISA Capabilities

Davis Graham & Stubbs LLP today announced that Jonathan A. Marks, a seasoned tax lawyer who brings sophisticated executive compensation solutions and ERISA advice to businesses and their executives, has become a partner in the firm’s finance and acquisitions practice.  Prior to joining DGS, Jonathan was the leader of the Compensation & Benefits practice group at an AmLaw 200 firm. 

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