Marc D. Flink

Partner

Denver
T +1.303.764.4030
F +1.303.861.7805

Overview

Marc Flink is a seasoned litigator with a depth of experience in commercial and complex litigation spanning areas such as First Amendment law, agricultural cooperative law, Indian country jurisdictional issues, and protection of trade secrets and covenants not to compete. Marc is a thoughtful and passionate advocate for his clients and provides practical, thorough advice throughout representation to most effectively address their needs, regardless of industry or concern.

Marc has been listed in The Best Lawyers in America© in the area of Litigation – First Amendment since 2007.

Select Experience

  • Defended agricultural cooperative in disputes with shareholders regarding delivery obligations and aspects of the Agricultural Fair Practices Act (AFPA). Defeated effort to enjoin client through enforcement of shareholder agreement with growers, and resolved matter after prevailing on issues and defeating the plaintiff's motion for preliminary injunction.
  • Represented uranium exploration, development and production company in matter before the U.S. Environmental Protection Agency regarding appeal of a decision that land outside an established reservation was declared Indian country. Argued case before en banc panel of the Tenth Circuit Court of Appeals and won decision on behalf of client that land was not Indian country.
  • Represented uranium exploration, development and production company in Texas state court and Court of Appeals regarding question of termination status of mineral lease. Prevailed in convincing court that lease was commercially viable and, therefore, lease had not terminated.
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Experience

  • Defended agricultural cooperative in disputes with shareholders regarding delivery obligations and aspects of the Agricultural Fair Practices Act (AFPA). Defeated effort to enjoin client through enforcement of shareholder agreement with growers, and resolved matter after prevailing on issues and defeating the plaintiff's motion for preliminary injunction.
  • Represented uranium exploration, development and production company in matter before the U.S. Environmental Protection Agency regarding appeal of a decision that land outside an established reservation was declared Indian country. Argued case before en banc panel of the Tenth Circuit Court of Appeals and won decision on behalf of client that land was not Indian country.
  • Represented uranium exploration, development and production company in Texas state court and Court of Appeals regarding question of termination status of mineral lease. Prevailed in convincing court that lease was commercially viable and, therefore, lease had not terminated.
  • Served as First Amendment and media attorney for major metropolitan newspaper in a wide range of matters that included prepublication review of news articles and successful representation relating to news-gathering issues such as open record and open meeting disputes, access to courts, expanded media coverage, defense of subpoenas issued to reporters, and defense of libel and privacy claims.
  • Successfully briefed and argued case for client at Colorado Supreme Court regarding Colorado Consumer Protection Act matter.
  • Prepared and presented a paper at a conference sponsored by the Rocky Mountain Mineral Law Foundation on the subject of Navajo Indian country and the Navajo ban on uranium mining.
  • Appointed special assistant attorney general for Wyoming in the 1990s, representing state's interest in defending attack on state's reapportionment plan.

Recognitions and Memberships

Recognitions

  • The Best Lawyers in America© (2007 to 2018)
    • Denver: Litigation – First Amendment 
      • Best Lawyers® 2017 "Lawyer of the Year"
  • 5280 Magazine: Top Colorado Lawyer, Media/First Amendment Law (2016)
  • Colorado "Super Lawyer" (2006 to 2017)
  • Martindale-Hubbell: AV Preeminent

Memberships

  • American Bar Association
  • Colorado Bar Association
  • Denver Bar Association

Community

  • Middlebury College Rocky Mountain Alumni Association
  • Grand Huts Association: Hut Master
  • Edwin A. Bemis Littleton Public Library Board (1997 to 2005)

Prior Positions

  • BakerHostetler Cleveland office (1979 to 1982)

Admissions

  • U.S. Supreme Court, 2000
  • U.S. Court of Federal Claims, 1998
  • U.S. Court of Appeals, Tenth Circuit, 1983
  • U.S. District Court, District of Colorado, 1982
  • U.S. Court of Appeals, Ninth Circuit, 1998
  • Colorado, 1983
  • Southern Ute Indian Tribal Court
  • Ohio [Inactive], 1979

Education

  • J.D., Case Western Reserve University School of Law, 1979, Order of the Coif
  • B.A., Middlebury College, 1976