Jonathan R. Marz

Jonathan R. Marz


Jonathan R. Marz's Profile Image
Phone: 916.492.5097
Bio Representative Matters Speaking/Writing Of Note

Jonathan R. Marz is a partner at Diepenbrock Elkin Gleason LLP, focusing on construction, government contracts, and business litigation.

 

In his construction and government contracts practices, Mr. Marz represents prime contractors, subcontractors, and other public and private entities in all phases of construction, from bidding and pre-construction through contract close-out.  In his litigation practice, Mr. Marz represents contractors, subcontractors, suppliers, and owners in complex construction cases involving, among other issues, construction delay and/or acceleration claims; claims involving extra work and construction defects; and public contracting bid disputes.

 

In Mr. Marz’s extensive business litigation practice, he counsels and represents clients in disputes including and involving contracts; trade secrets; unfair competition; covenants not to compete; and other business disputes and torts.

 

Mr. Marz also has significant experience in matters and disputes involving the procurement, use, and development of land, as well as environmental issues.

Business

Obtained $1.5m judgment against global financial services firm and two of its employees for misappropriation of trade secrets from, and unfair competition against, the former employer of one of the defendants.

Represented developer in claims against seller in excess of $46 million related to purchase and sale contract with “put right.” Issues involved contract interpretation, sufficiency of wetlands permit delivered, and mitigation required for wetlands and endangered species, and an understanding of the processes and requirements of various agencies, including the U.S. Army Corps of Engineers and the U.S. Fish & Wildlife Service.

Defended corporation in class action case alleging false advertising and seeking $70 million in damages, plus injunctive relief.  Successfully settled the case with a nominal payment.  Work also involved arbitrating a $3.8 million attorney fee demand and achieving an arbitration award substantially exonerating our client. 


Construction

Represented major construction contractor in resolving multi-party dispute over design and construction of water treatment plant, while avoiding contract termination.

Defended construction engineering firm against a subcontractor’s claim for $1.6 million in alleged labor inefficiencies related to municipal wastewater treatment plant project for which client served as design engineer and construction manager.


Government Contracts

Represented marina concession contractor in litigation challenging State’s early termination of its contract.

Represented contractor in protest against municipal project owner for improper award of $5 million project.


Litigation

Obtained $1.5m judgment against global financial services firm and two of its employees for misappropriation of trade secrets from, and unfair competition against, the former employer of one of the defendants.

Represented developer in claims against seller in excess of $46 million related to purchase and sale contract with “put right.” Issues involved contract interpretation, sufficiency of wetlands permit delivered, and mitigation required for wetlands and endangered species, and an understanding of the processes and requirements of various agencies, including the U.S. Army Corps of Engineers and the U.S. Fish & Wildlife Service.

Represented property owner in action to quiet title action to confirm easement rights. Successfully obtained judgment in favor of owner.

Represented agricultural water users in twin, high-profile cases challenging federal agencies’ biological opinions related to endangered aquatic species. Litigation team obtained summary judgments finding that biological opinions were arbitrary, capricious and not supported by best available science. Team also obtained multiple injunctions pre- and post-judgment enjoining aspects of biological opinion’s “reasonable and prudent alternatives” that limited water exports from Sacramento-San Joaquin River Delta.

Represented major agricultural water suppliers before Central Valley Regional Water Quality Control Board regarding issuance of National Pollutant Discharge Elimination System permits under the federal Clean Water Act.

Represented major construction contractor in resolving multi-party dispute over design and construction of water treatment plant, while avoiding contract termination.

Defended construction engineering firm against a subcontractor’s claim for $1.6 million in alleged labor inefficiencies related to municipal wastewater treatment plant project for which client served as design engineer and construction manager.

Defended corporation in class action case alleging false advertising and seeking $70 million in damages, plus injunctive relief.  Successfully settled the case with a nominal payment.  Work also involved arbitrating a $3.8 million attorney fee demand and achieving an arbitration award substantially exonerating our client. 


Real Estate

Represented developer in claims against seller in excess of $46 million related to purchase and sale contract with “put right.” Issues involved contract interpretation, sufficiency of wetlands permit delivered, and mitigation required for wetlands and endangered species, and an understanding of the processes and requirements of various agencies, including the U.S. Army Corps of Engineers and the U.S. Fish & Wildlife Service.

Represented property owner in action to quiet title action to confirm easement rights. Successfully obtained judgment in favor of owner.

Mr. Marz is member of the Sacramento County Bar Association, Federal Bar Association, and the American Bar Association and its Forum on the Construction Industry.

Jonathan is a member of the Associated General Contractors of California, including its Legal Advisory Committee, which is tasked with following and developing laws affecting the construction industry.

Mr. Marz is also an active member of the Rotary Club of Sacramento.  Jonathan has been elected to the Rotary Club’s Board of Directors, with his term to commence in 2018.

Jonathan sits on the Board of Directors of GRID Alternatives North Valley, a nonprofit that helps deliver solar power to low-income families and provides hands on, job training skills for job seekers and community volunteers.  Jonathan is presently the Secretary of the Board of Directors.

While in law school, Jonathan received a High Tech Law Certificate through Santa Clara University’s High Tech Law Institute.  Additionally, Jonathan was a member of the Santa Clara Computer and High Technology Law Journal, for which he served as an Articles Editor.

JONATHAN'S NEWS

 

EDUCATION

University of California, Davis
B.A., Political Science and History, 1999

University of Santa Clara School of Law
J.D., 2002

 

ADMISSIONS

California (2002)

U.S. District Courts for the Eastern District of California, Northern District of California, Southern District of California, Central District of California

U.S. Court of Appeals for the Ninth Circuit 

 

PRACTICE AREAS

Business

Construction

Government Contracts

Litigation

 

 

 

 

 

 

 

Diepenbrock Elkin Gleason LLP
500 Capitol Mall
Suite 2200
Sacramento, CA 95814
Phone: 916.492.5000
Fax: 916.446.2640