Marsha M. Piccone is a trial and appellate lawyer and former Colorado Court of Appeals Judge. She has years of experience as national counsel, regional counsel, and local counsel in litigation involving business disputes, product liability, insurance, personal injury, and torts. Businesses of all sizes, rely on Marsha’s multifaceted experience to guide them through the most complex legal problems through litigation, arbitration, and appeal.
As a trial lawyer, Marsha has been a partner with top litigation firms in Colorado. She has represented corporate clients on a national level and served as local counsel working in conjunction with corporate legal departments. She has been a lead attorney directing trial teams in matters involving multi-million dollar claims in high-stakes litigation. For many years, Marsha protected consumer product companies in industries involving vaccines, medical devices, pharmaceuticals, insurance, and manufacturing.
As an appellate attorney, Marsha has handled cases at the state and federal levels. Her appellate work has involved insurance coverage, toxic torts, product liability, commercial litigation, trade secrets, and breach of fiduciary duty appeals. Marsha’s experience and years of practice as a litigator and appellate lawyer have made her a respected and trusted resource for professionals and businesses involved in complex litigation matters.
In 2003, Marsha was the sixth woman to be appointed a Judge on the Colorado Court of Appeals. While on the bench, she authored nearly 200 appellate opinions and participated on appellate panels ruling on hundreds of other appeals. As a leader in the Colorado legal community, Marsha remains involved with the Colorado judicial system through her service as the appointed Chair of the Colorado Supreme Court’s Committee on Civil Jury Instructions.
Marsha’s practice at RBF Law focuses on appellate law, complex commercial litigation, and products liability litigation. She regularly serves as co-counsel and local counsel assisting out-of-state legal teams with their Colorado cases. Marsha also serves as an arbitrator and mediator in commercial and business disputes. Marsha is a speaker and writer providing thought leadership to members of the bar on a range of issues involving complex commercial litigation, business litigation, product liability litigation, litigation management, and appellate law.
SPECIFIC AREAS OF PRACTICE
- Appellate Law
- Complex Commercial Litigation
- Product Liability Litigation
- Medical Device, MDL, and Pharmaceutical Litigation
- Class Actions
- Toxic Tort Litigation
- Alternative Dispute Resolution
Served as regional trial counsel for a global biological manufacturer and was responsible for coordinating numerous product liability cases in a region stretching from the Pacific Northwest to Texas.
Experience as lead counsel in numerous product liability cases and participated on a trial team coordinating hundreds of cases throughout the country, ultimately securing successful dismissals of these cases. Served as trial counsel obtaining summary judgment in product liability cases involving failure to warn and defective design.
Member of the national trial counsel team for an international consumer product manufacturer based in Colorado.
Local counsel and member of national counsel trial teams involved in medical device and pharmaceutical litigation. Responsible for handling experts including depositions and trial testimony in complicated disciplines such as epidemiology, immunology, neuroimmunology, rheumatology, psychiatry, neurology, ophthalmology, pharmacology, oncology, orthopedics, toxicology, and neurotoxicology.
Lead counsel for a defendant in multi-million dollar putative class actions and was successful in having cases dismissed early in the litigation.
Member of trial team representing a uranium milling company in a five-week jury trial in a toxic tort case involving multiple plaintiffs alleging personal injury and property damage. Continued to represent the client through the Tenth Circuit appeal wherein the jury verdict was successfully reversed in client’s favor.
Appellate counsel responsible for appeals involving insurance coverage, toxic torts, product liability, commercial litigation, trade secrets, and breach of fiduciary duty.
- Top Lawyers of Denver, Denver Post (2016)
- Best Lawyers in America, Appellate Practice (2011-2013)
- Best Lawyers in America, Product Liability – Defendant (2013)
- Best Lawyers in America, Product Liability – Litigation (2012)
- Colorado Super Lawyers (2007-2011)
- Martindale-Hubbell AV Preeminent Peer Review Rated (5.0/5.0)
PROFESSIONAL AND COMMUNITY AFFILIATIONS
- Chair, appointed by the Colorado Supreme Court, Colorado Supreme Court Committee on Pattern Civil Jury Instructions
- Panel Member, American Arbitration Association
- Fellow, Colorado Bar Foundation
- Fellow, American Bar Foundation
- Member, Colorado Bar Association
- Member, Denver Bar Association
- Member, American Bar Association
- Member, International Association of Defense Counsel
- Member, Colorado Women’s Bar Association
PRESENTATIONS AND PUBLICATIONS
- “Drafting Clauses for Alternative Dispute Resolution, Out-of-Court Procedures, and More,” Panelist, Business Law Institute, Colorado Bar Association (September 2017)
- “Claiming Your Value: Preparing Transition Proposals,” Panelist, Colorado Women’s Bar Association (May 2017)
- “Making Your Record – Top Considerations for Preserving the Record at Trial,” Co-Presenter, Colorado Defense Lawyers Association Trial Academy (April 2016)
- “Gender Gaps in the Legal Profession,” Co-Presenter, University of Colorado Law School (November 2015)
- “How to Navigate a Legal Career in a Multi-Generational World,” Panelist, University of Colorado Law School (January 2013)
- “The Art and Ethics of Objections,” Annual Meeting, Colorado Defense Lawyers Association (July 2009)
- “Duty to Report Up the Ladder,” Annual Meeting, International Association of Defense Counsel (July 2009)
- “Consumer Product Safety Improvement Jeopardy,” Panelist, Annual Meeting, International Association of Defense Counsel (July 2009)
- “Appellate Practice Hot Topics 2008,” CLE, Colorado Bar Association (October 2008)
- “The Year in Review: Hot Topics in Medical Device Litigation,” Panelist, Current Issues in Medical Device Litigation, ABA Section of Litigation (October 2008)
- “Tips from the Bench” Mid-Year Meeting,” International Association of Defense Counsel (February 2008) and Association of Corporate Counsel, Colorado Chapter (February 2008)
- “Maintaining High Ethical Standards in Chemical Litigation,” Preventing & Defending Chemical Products Liability Litigation, American Conference Institute (November 2007)
- “Tips on Breaking Through the Glass Ceiling,” Interview, Entrepreneur Magazine’s Women in Business Radio Show (July 2007)
- “2006 Appellate Practice in Federal and State Court,” Panel Moderator, Colorado Bar Association CLE (November 2006)
- “Ethical Considerations for Trial Lawyers,” Panelist, Women in Products Liability Regional CLE Workshop, ABA Section of Litigation Products Liability Committee (September 2006)
- “Appellate Specialists or Trial Lawyer for Appeals?” Contributing Author, Trial Talk (2006)
- CBS News Radio, Guest Commentator for United States Senate confirmation hearings for Supreme Court Justice Samuel Alito (January 2006)
- CBA President’s Visit, Speaker, Boulder County Bar Association (2005)
- “View from the State Court Bench: Motions that Move Judges,” Panelist, Colorado Bar Association 4th Annual Litigation Institute (October 2004)
- “Report on the Glass Ceiling – Women Breaking Through,” Panelist, 7th Annual Women in Products Liability Regional CLE Workshop, ABA Section of Litigation Products Liability Committee (November 2003)
- National Forum for Women Corporate Counsel, Program Co-Chair, Annual Meeting (November 1999)
- “Running a Successful In-House Law Department,” Panelist, National Forum for Women Corporate Counsel Annual Meeting (November 1997)
- “Ensuring Smooth Sailing for the In-House/Outside Counsel Relationship,” Program Co-Chair, The Litigation Management Institute, ABA Section of Litigation (November 1997)
- “Streamlining Multiparty and Multidistrict Litigation,” Panelist, The Litigation Management Institute, ABA Section of Litigation (December 1997)
- “60 Ideas in 60 Minutes,” Panelist, American Corporate Counsel Association Annual Meeting (1996)
- Subcommittee on Pharmaceutical and Medical Devices, Contributing Author, ABA Products Liability Committee Section of Litigation, State by State Surveys (1993-1996)
Admitted to Practice
U.S. District Courts:
District of Colorado
Eastern, Western, and Southern Districts of Texas
U.S. Circuit Courts of Appeal:
University of Colorado School of Law
University of Colorado at Boulder
B.S., with honors