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Mark Wiletsky

Partner

1800 Broadway, Suite 300, Boulder, CO 80302

Mark Wiletsky partners with clients to provide timely, practical solutions to difficult business challenges, from employment-related issues to unfair competition and other business disputes, so that clients can stay focused on achieving their business objectives.

Businesses today face a variety of competitive threats, whether it’s competitors trying to steal trade secrets, proprietary information, poach employees, file frivolous lawsuits, or gain market share through unlawful competition.  Mark helps companies find creative solutions in these areas by developing a thorough understanding of the business and finding solutions, whether that comes in the form of aggressively prosecuting or defending such claims in court, preparing written agreements, or negotiating a resolution to meet his clients’ needs. Mark also has extensive commercial litigation experience, handling complex disputes involving real estate developments, ownership rights, and defamation, among others.

When disputes arise, escalate, and require litigation, Mark draws on 20 years of experience defending businesses in state and federal courts, administrative hearings, and arbitrations. Mark is also an effective appellate advocate, handling cases in state and federal appellate courts around the country, including the United States Supreme Court.

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Experience

Accommodations, Disabilities, Leaves
Discrimination, Harassment, Retaliation and Litigation
Employment Litigation and Class Actions
HR Counseling, Compliance, and Risk Management
  • Employment Policies, Handbooks, and Manuals
  • Executive Compensation and Employment Contracts
  • Hiring, Discipline, Performance Evaluations, and Terminations
  • Non-Competes, Trade Secrets and Unfair Competition
  • Pay Practices and Independent Contractors
  • Workplace Privacy and Data Security
  • Severance Agreements
Labor Management Relations
Commercial Litigation
  • Appeals
  • Business Torts
  • Real Estate Disputes

Client Results

Representative Matters
  • Mark’s wide-ranging industry experience includes working with clients operating in the healthcare, aerospace, software design, engineering, architecture, airline, and real estate industries, on:

Trade Secrets, Non-Competes, Unfair Competition, and Commercial Litigation
  • Lead counsel prosecuting an unfair competition case against a competitor engaging in providing health care without appropriate licensure under state law, which resulted in competitor shutting down its unlawful operation. 

  • Lead counsel in obtaining preliminary injunction in federal court against former owners and executives of business who started competing business, in violation of non-compete agreements, after leaving company.

  • Successfully defended the client on appeal against a claim involving the enforceability of a noncompetition agreement in Reed Mill & Lumber Co. v. Jensen, 165 P.3d 733 (Colo. Ct. App. 2006).

  • Prevailed on all claims after multi-day arbitration involving complex real estate development dispute and awarded attorneys’ fees in excess of one million dollars.

Employment Litigation
  • Successfully defended airline in jury trial involving discrimination and retaliation claims.

  • Lead counsel defending a healthcare transporter against significant statutory whistleblower claims; reached successful resolution of claims just before trial. 

  • Successfully moved to dismiss case against client and individual supervisors filed by a former employee for breach of contract and related causes of action. 

News

Publications

Speaking Engagements

Education

Bar Admissions

Court Admissions

Recognition

  • Chambers USA: America’s Leading Lawyers for Business, Labor & Employment, Recognised Practitioner, 2018
  • The Best Lawyers in America© Litigation - Labor and Employment, 2013-2018
  • Colorado Super Lawyers® Rising Stars, 2011

Professional and Civic Affiliations

  • Boulder County Bar Association, Employment Law and In House Counsel Sections, Past Co-Chair
  • American, Colorado, and Boulder Bar Associations, Member
  • Faculty of Federal Advocates, Member
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