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David P. Hersh
Shareholder
303.792.5595 (Colorado office)
dhersh@burgsimpson.com

Since his admission to practice before the Colorado Supreme Court in May of 1984, Mr. Hersh has limited his practice to civil litigation, focusing his practice on complex commercial litigation. Mr. Hersh practices in a number of substantive areas of civil law, all involving complex issues of liability and damages. Mr. Hersh has served as lead counsel in both State and Federal Courts throughout the United States in a substantial number of complex commercial litigation cases as well as a number of catastrophic personal injury cases, including cases involving claims for paraplegia/quadriplegia, brain injury, severe burns and disfigurement, and limb loss.

Mr. Hersh has achieved the highest rating from his peers for quality of legal work, professionalism, and ethics by receiving an "AV" rating by Martindale-Hubbell. Selected as a Super Lawyer in the area of commercial litigation for 2006, 2007, 2008, and 2009, Mr. Hersh has again been recognized as an exceptional attorney who has attained a high degree of peer recognition and professional achievement. Super Lawyers represent an elite top 5% of the practicing attorneys in Colorado who are selected by peer review. Mr. Hersh was also selected to appear in the recently published inaugural edition of Super Lawyers Corporate Counsel, a national publication of highly successful commercial law trial lawyers.

Mr. Hersh is recognized as a Fellow of the Litigation Counsel of America. The Litigation Counsel of America is a trial lawyer honorary society established to reflect the new face of the American bar. Membership is limited, representing less than one-half of one percent of American lawyers and is by invitation only. Membership includes placement of a maximum of 3,500 Fellows, who are selected and invited into Fellowship after being evaluated on effectiveness and accomplishment in litigation and trial work, along with ethical reputation.

Mr. Hersh has met the standard of excellence for selection as one of the American Trial Lawyers Association's Top 100 Trial Lawyers.

Mr. Hersh serves on the Board of Directors for the Colorado Judicial Institute. The Colorado Judicial Institute is one of the only independent and nonpartisan citizen's groups in the nation devoted to the excellence and independence of its state courts. Established in 1979, CJI was originally formed to preserve Colorado's merit election system for judges. Its mission has broadened to include public education about the judiciary, support for judicial education, recognition of judicial excellence, and collaboration with the public, the legislature and the judiciary to improve Colorado's courts.

Mr. Hersh has acted as lead counsel in commercial litigation cases with damages ranging as high as five-hundred-million dollars [$ 500,000,000.00].  Mr. Hersh has litigated commercial disputes involving a wide variety of financial instruments, commercial transactions, contracts, indentures, leases and commercial paper.  Mr. Hersh is currently serving as co-lead counsel on major lawsuits seeking redress for investors defrauded through the use of Collateralized Debt Obligations [CDOs].

In addition, Mr. Hersh has served as lead counsel in commercial loss cases with damages well into the hundreds of millions of dollars including antitrust, RICO and COCCA claims, residential and commercial building collapse, business demise and business interruption, and environmental losses. Mr. Hersh has acted as lead counsel in lawsuits against contractors, engineers, construction managers, and owners in construction litigation on both commercial and residential projects.

In the area of environmental litigation, Mr. Hersh has extensive experience representing claimants and Potentially Responsible Parties (PRPs) in federal toxic waste litigation, including CERCLA/RCRA litigation, Leaking Underground Storage Tank (LUST) litigation, and state toxic tort litigation. Recently, Mr. Hersh has served as lead counsel in one of the very few Park System Resource Protection Act (PSRPA) cases to actually be litigated under 16 U.S.C. §19jj. This litigated case involves defense of claims made by the United States government for extensive damage to a terrestrial resource [Rocky Mountain National Park] alleged to result from the use of an instrumentality [in this case a water ditch].

Mr. Hersh has been actively involved in litigating claims relating to both personal injuries and property damage involving asbestos construction materials, as well as suits against owners, design professionals, and building contractors (including Heating, Ventilating, and Air Conditioning (HVAC) contractors and subcontractors) in indoor environmental quality litigation, toxic mold suits, "sick building" syndrome cases, and low concentration dosage toxic exposure litigation. Mr. Hersh has handled a substantial number of cases involving claims of personal injury and/or property damage arising from exposure to or distribution of PCBs, pesticides, defoliants (such as 2-4-D and Agent Orange), cleaning solvents and chemicals, and industrial chemicals and wastes of varying types (such as T.C.E. (Trichloroethylene) and other chlorinated solvents).

Mr. Hersh has appeared numerous times before the Colorado Court of Appeals and Supreme Court, as well as the Tenth Circuit Court of Appeals, on behalf of clients. Mr. Hersh is admitted to practice before the Supreme Court of the United States and the States of Colorado and Wyoming.

Mr. Hersh is a frequent lecturer for legal and non-legal organizations including university and other higher education institutions; he is actively involved in the community through pro bono work and his service in various non-profit organizations, including service on their boards. Mr. Hersh is a member of the Craig Hospital PUSH for a Cure Committee which raises funds for Craig Hospital to assist with research for traumatic brain injury patients. Mr. Hersh is active in the Brain Injury Association for Colorado, helping traumatically brain injured patients and their families cope with their injuries and the resulting medical, fiscal, and legal challenges. Mr. Hersh serves on the board of directors of several civic associations providing important public services.

Mr. Hersh has also served as an instructor in trial tactics for the American Bar Association-sponsored National Institute of Trial Advocacy (NITA) school.

Practice Areas

Bar Admissions

  • U.S. Supreme Court
  • Colorado Supreme Court
  • Wyoming Supreme Court
  • U.S. Court of Appeals, 5th Circuit
  • U.S. Court of Appeals, 8th Circuit
  • U.S. Court of Appeals, 10th Circuit
  • U.S. District Court, District of Colorado
  • U.S. District Court, District of Wyoming

Education

  • J.D., 1983, Wake Forest University School of Law
  • B.S., 1981, Bob Jones University

Honors / Awards

Super Lawyers is a registered trademark of Key Professional Media, Inc.

  • Top 100 Attorney, American Trial Lawyers Association
  • Order of the Barristers
  • National Moot Court Competition Recipient, Best Oral Advocate Award
  • Who's Who in American Colleges and Universities

Professional Affiliations

  • American Trial Lawyers Association
  • Fellow, Litigation Counsel of America
  • Faculty of Federal Advocates
  • Colorado Judicial Institute Board of Directors
  • American Association for Justice (AAJ)
  • Colorado Trial Lawyers Association (CTLA)
  • Federal Bar Association
  • Colorado Bar Association (Litigation, Products Liability and Tort Law Sections)
  • Wyoming Bar Association
  • Judicial Facilities Review Commission, Arapahoe County Bar Association
  • Arapahoe County Bar Association
  • Fellow Emeritus of the Arapahoe County Bar Foundation
  • Brain Injury Association of Colorado
  • Craig Hospital PUSH Fundraising Committee
  • American Bar Association
  • American Society for Testing and Materials (ASTM) (inactive)

The Wyoming State Bar does not certify any lawyer as a specialist or expert. Anyone considering a lawyer should independently investigate the lawyer's credentials and ability, and not rely upon advertisements or self-proclaimed expertise.

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