OFFICE: Denver
EMAIL:
DIRECT: (720) 630-2962
MOBILE: (303) 506-5982

Mark Fogg is a Colorado Attorney with a unique command of both litigation and transaction legal work based upon a wide array of professional experiences over his 40 year legal career.  He provides his clients with seasoned counsel and the skills of an experienced trial lawyer. He tried over 200 cases to verdict as sole or lead counsel, appeared in numerous regulatory matters, and provided legal counsel to hundreds of businesses and professionals on a host of different matters.

Healthcare Law

Mark represents healthcare providers and facilities in liability, regulatory and business dispute cases. He has done so for over 35 years. He provides assistance with general regulatory healthcare compliance.  From his experience as General Counsel at COPIC, he also developed a specialty in assisting healthcare providers and facilities with compliance and the creation of system policies in innovative areas such as telehealth, professional review and Candor.

Professional Liability Defense

Mark represents all types of licensed professionals in cases and before regulatory boards and committees.  He represented hundreds of professionals including physicians, nurses, CRNAs, hospitals, therapists, veterinarians, psychologists, attorneys, law firms, actuaries and engineers.

Corporate Governance and Serving As Outside Counsel

Mark serves as outside General Counsel for several clients. As General Counsel at COPIC, Mark served as the top lawyer in a large corporation that insures approximately 15,000 physicians and 200 facilities doing business in numerous states. He was extensively involved in assisting the COPIC board, physician group boards and hospital boards.  He developed an expertise in governance issues and preparation of governance documents. He hired and managed outside counsel as well as the COPIC legal department.  He helped create the infrastructure to do business in additional states and worked on healthcare policy, legislative matters and obtaining regulatory approval in many states. He performs similar services for existing clients.

Professional Review, Quality and Risk Management, Crisis Control

Mark is an advocate for patient safety and the establishment of professional review committees and quality management programs to improve patient care.  He can assist physician groups and hospitals in establishing and effectively utilizing professional review committees and quality management.  Mark had the unique role of being on-call for thousands of physicians and numerous facilities on a 24/7 basis to assist on medical-legal issues and to help manage crisis situations. These crisis situations ranged from significant HIPAA breaches to allegations of extensive Medicare billing fraud due to allegedly unnecessary surgeries and procedures.

Education Law

Mark specializes in negotiating contracts with school districts including issues on data privacy, risk management, mandatory reporting, state and federal laws, protections for students, and immunity. He has built a network of education lawyers across the country to assist clients.

Teaching and Presentations to Healthcare Providers and Attorneys

A favorite part of Mark’s practice is teaching and presenting on important medical-legal issues to healthcare providers.  He has done this since early in his career. While General Counsel at COPIC for 9 years, he averaged giving such presentations every two to three weeks.  Representative topics include: Defense of a Healthcare Malpractice Case, Informed Consent, Legal Liability of Electronic Medical Records, Healthcare, Fraud and Abuse Laws,  Candor, Telehealth, Photography and Recording in a Healthcare Setting, HIPAA and Minors and Risk.  Mark also does extensive teaching to lawyers on mentoring, professionalism, advocacy, and leadership.

Honors and Awards

• Recipient, 2020 CBA Award of Merit, awarded annually for outstanding service or contributions to the association, the legal profession, the administration of justice or the community.
• Recipient, 2013 Best Corporate Counsel Award, The Denver Business Journal and ACC.
• Lawyer of the Year, 2012, Law Week of Colorado.
• First Runner Up, Mark and Patricia Fogg, 2012 Dancing With The Bar Stars (for legal aid).
• Recipient, 2011 Distinguished Alumni Award in Private Practice, University of Colorado Law School.
• Inducted, American College of Trial Lawyers, Washington D.C., 2010. Fellowship in the College is extended by invitation to those experienced trial lawyers who have mastered the art of advocacy and whose professional careers have been marked by the highest standards of ethical conduct, professionalism, civility and collegiality.
• Recipient, 2010 Award of Merit, Denver Bar Association, “For Extraordinary Service to the Legal Profession and the Administration of Justice.”
• Selected for the Best Lawyers in America, Medical Malpractice and Personal Injury Litigation.
• Selected for Colorado Super Lawyers, Healthcare, Personal Injury Defense: Medical Malpractice and Professional Liability: Defense.
• Recipient, 2006 St. Thomas More Award, Catholic Lawyers Guild of Colorado.  Awarded to attorneys exemplifying the intellect, integrity and moral courage of St. Thomas More.

Organizations and Public Service

Catholic Lawyers Guild:

• President, 2002.
• Board of Directors, 2001 – present.
• Liaison to the Denver Archdiocese, 2004 – 2006.

Colorado Defense Lawyers Association

Colorado Judicial Institute:

• Board of Directors, 2007 – 2016.
• Emeritus Director, 2016-present.
• Policy Committee, 2007-2009.
• Board Development Committee, 2009-2019.
• Chair, Governance Documents Workgroup, 2017-2018.

Colorado Supreme Court Chief Justice Commission on the Legal Profession:

• Appointed member, 2011.
• Chair, Working Group B, Development of Professional Identity and Social Responsibility for New Attorneys, 2011-2014.
• Member, New Lawyer Working Group, 2014 – 2019.
• Member, Leadership Working Group, 2016 – 2019.

Colorado Task Force on Lawyer Well-Being:

• Appointed by Justice Marquez, 2018.
• Chair, Making the Business Case for Attorney Well-Being Committee, 2018-2019.
• Committee Member, Well-Being Pilot Program, 2019 – 2021.
• Committee Member, Well-Being Implementation, 2022 – present.

CU Health Law:

• Health Law Advisory Board, 2013-2016.
• Health Law Mock Trial Coach – National Competition, 2013, 2014.

CU Law Alumni Board:

• Member, 2013 – 2021.
• Chair, Nominating Committee, 2016 – 2021.

Denver Athletic Club

Escuela de Guadalupe Elementary School:

• Board of Trustees, 2008 – 2015.

Judicial Performance Commission:

• Commissioner, Appointed by Colorado Chief Justice Brian Boatright

Legal Aid Foundation:

• Board of Trustees: 2012-2013.

Healing Waters:

• Volunteer fly fishing guide for disabled veterans, 2009 – present.

Physician Insurance Association of America (now the Medical Professional Liability Association):

• Member, In-House Counsel Seminar Planning Committee, 2015 – 2020.

Regis Jesuit High School:

• Mission and Identity Board Committee, 2006 – 2008.
• Educational Policies Committee, 2003 – 2006.
• Coach, Mock Trial, 2005.

Sacred Heart Jesuit Retreat House:

• Advisory Board, 2019-present.

Bar Association Activities & Memberships

American Bar Association:

• Fellow, American Bar Foundation.
• CBA Delegate to the ABA, 2018-2020

Arapahoe County Bar Association:

• Fellow, Arapahoe County Bar Foundation.

Colorado Bar Association:

• Chair, CBA Nominating Committee, 2017.
• Chair, Executive Director Search Committee, 2014.
• President of the Colorado Bar Association, 2012-2013.
• President-Elect of the Colorado Bar Association, 2011-2012
• Representative, CBA Board of Governors.
• Member, Executive Council, 2008 – 2009, and 2011 – 2014.
• Member, Legislative Policy Committee, 2011 – 2014.
• Member, Joint Management Committee, 2011 – 2014.
• Member, Budget Committee, 2011 – 2013.
• Coordinator, Professionalism Vignette Project, 2006-2007. (CBA/DBA winner of the 2009 American Bar Association E. Smythe Gambrell Professionalism Award).
• Chairperson, Professionalism Committee, 2006 – 2007.
• Fellow, Colorado Bar Foundation.
• Member, Ethics Committee, 1987 – 2002.
• Member, Ethics Education Subcommittee, 1992 – 1997 (participated in numerous ethics presentations).
• Member, Ethics Calling Subcommittee, 1992- 2002.
• Chairperson, Rule 4.5 Subcommittee, Threatening Prosecution, Colorado Rules of Professional Conduct (resulting in an amended Rule and new Comment, 1997).
• Chairperson, Ethics Opinion 92 Subcommittee, “Practice Restrictions in Settlement Agreements,” Colorado Ethics Handbook, p. 377; 22 Colo. Law. 8, p. 1673.
• Member, Interprofessional Committee, 1986 – 1987.
• Member, Criminal Justice Committee, 1980 – 1981.

Denver Bar Association:

• President of the Denver Bar Association, 2008 – 2009.
• President-Elect of the Denver Bar Association, 2007-2008.
• Member, Board of Trustees, 2007 – 2010.
• Co-chair, Barristers Benefit Ball Committee, 2007 – 2008.
• Member, Budget Committee, 2007 – 2010.
• Member, Nominating Committee, 2007 – 2008.
• Member, Joint Management Committee, 2007 – 2010.
• Chairperson, Professionalism Committee, 2005 – 2006.
• Member, Professionalism Coordinating Council, 1999 – 2020
• Panel Member, DBA Metropolitan Professionalism Conciliation Program, (now known as the Peer Professionalism Group) 1998 – 2011.

Publications

“Defects in Ineffective Assistance Standards Used in State Courts,” 50 University of Colorado  Law Review 389 (1979).

President’s Column, Denver Bar Association, The Docket:

• “Comes Now The Citizen Lawyer,” June 1, 2009.
• “She Made It All Worthwhile,” May 1, 2009.
• “A Jewel In Our Lives,” April 1, 2009.
• “Thanks For Saving My Dad’s Home,” March 1, 2009.
• “The Faces Of Lincoln,” February 1, 2009.
• “I Resolve To Have Fewer Regrets,” January 1, 2009.
• “Professionalism – What Are The Next Steps?” December 1, 2008.
• “My Friends John,” November 1, 2008.
• “Our Oath of Professionalism,” October 1, 2008.
• “All Together Now,” September 1, 2008.

CBA President’s Messages:

• “The Colorado Mentor Program – How It Works,” August, 2012.
• “The CBA Young Lawyers Division – Helping With Professional Transitions, Developing New Ideas, and Forming Lasting Relationships,” September, 2012.
• “Colorado Women’s Bar Association – Paying It Forward,” October, 2012.
• “Improving the Profession and the Community One Goal at a Time,” November, 2012.
• “Our Unflappable Friend Chuck Turner,” January, 2013.
• “Work and Life – I Choose Both,” February, 2013.
• “Thanks for Letting Me Hang at Your Bar – What You Taught Me,” March, 2013.
• “Some Advice for the Law School Graduating Class of 2013 (and Anybody Else Who Will Listen,”) May, 2013.
• “Bar Associations – Building Your Career and Boosting the Profession,” June, 2013.
• “Teaching Professionalism: The Council’s Vignette Program,” 39 Colo. Law. 1, p.23 (January, 2010).

Faculty & Lecturer

Mark lectures on average every two to three weeks to a broad array of audiences including healthcare organizations, law schools and medical schools on representative topics such as:

• Leadership
• The Legal Liability of Electronic Medical Records; Communicating With Care;
• Fraud and Abuse in Healthcare;
• Photography and Recording in Healthcare Settings;
• Developments in Telehealth Law;
• Social Media and Liability Issues; HIPAA Privacy Rules;
• Tales From the Legal Hotline;
• Physician Advertising;
• Medicolegal Issues in OB-GYN;
• Mock Trials;
• Mock Depositions;
• A Career in Health Law;
• Defending a Healthcare Malpractice Case.
• Covid-19: Medical-Legal Impact
• Professionalism
• Never Events
• Liability for Medical Providers
• Informed Consent

Personal

Born in Detroit, Michigan. Married, Patricia Lettko Fogg, speech pathologist, Presbyterian/St. Luke’s Hospital, Denver, CO; three children, Jim, attorney at Ogborn Mihm in Denver, Becca, private photography business, Aurora, Colo., and Mike, Artist, Denver.

Lector and Eucharistic Minister, St. Mary’s Parish (1992-2008), Littleton, Lector, Sacred Heart Retreat House (2012 – present), Sedalia, Colorado;

Coach, Arapahoe and Apache Baseball Leagues, (1992-2000), Littleton. Enjoys baseball, football, scuba, traveling, fly-fishing and hanging out in Montana.

Diversity, Equity, & Inclusion