Meet our Attorneys

Brian K. Matise

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Brian Matise - Best Lawyers 2017 Brian K. Matise Lawyer of the Year 2016 Brian Matise - Super Lawyers

Mr. Matise’s legal experience includes all aspects of general civil practice with an emphasis on complex commercial litigation, mass tort product liability litigation, special district and homeowner association law, and insurance coverage litigation. Mr. Matise has successfully tried over a dozen cases to a jury verdict or judgment, and obtained several million dollars in settlements for clients.

Mr. Matise has represented special districts and homeowners associations both as general counsel and in litigation against developers. Mr. Matise obtained a jury verdict and judgment against the former developer and President of two Colorado metropolitan districts, invalidating several million dollars of contracts and a personal liability judgment against the developer. The judgment was upheld on appeal, which Mr. Matise argued. Mr. Matise also successfully brought a quo warranto action on behalf of approximately 50 homeowners to replace an illegal Board of Directors of a metropolitan district with residents lawfully appointed by the Elbert County Board of County Commissioners. Mr. Matise was successful in that action despite the refusal of the 18th Judicial District Attorney’s office to bring the action.

Mr. Matise was appointed by the U.S. District Court for the District of Colorado to serve as plaintiffs’ liaison counsel in class action securities litigation related to the Madoff scandal. Mr. Matise also served as plaintiffs’ co-liaison counsel in Qwest securities class action litigation. Mr. Matise has also obtained recovery for numerous investors that have been defrauded in ponzi schemes and related securities scandals, including the Sunwest Management securities action and the National Consumer Mortgage ponzi scheme.

Mr. Matise has represented condominium associations and homeowners in protracted litigation against developers and affiliated construction entities, obtaining turnover of common elements and recovery for construction defects. Mr. Matise has also represented candidates for homeowner association boards in successful proxy contests against recalcitrant incumbent boards, ousting the former board members.

Mr. Matise has represented small businesses engaged in virtually all areas of litigation, including defending against preliminary injunctions, challenging anti-compete clauses, both bringing and defending against actions by minority shareholders in “small business divorces,” and representing small businesses in challenging government agency actions.

In 2011, Mr. Matise successfully represented a homeowners’ association in defending against trespass and related easement claims that threatened the HOA’s access and common elements. Mr. Matise tried the case to a jury verdict in favor of his client. Mr. Matise has also represented homeowner associations, metropolitan districts, and commercial clients in negotiating and closing complex real estate and easement transactions.

In the area of mass tort product liability litigation, Mr. Matise has participated in pharmaceutical product liability multidistrict litigation, including briefing key Daubert motions for the Plaintiffs’ Steering Committee in the In re: Gadolinium-Based Contrast Agent Product Liability Litigation, MDL 1909, and briefing several issues in the In re: Yasmin and Yaz litigation, MDL 2100.

Mr. Matise also has represented several plaintiffs in catastrophic personal injury and property damage litigation arising out of gas explosions and oilfield accidents.

Mr. Matise has briefed and argued approximately a dozen appeals before the Tenth Circuit Court of Appeals, the Ninth Circuit Court of Appeals, the Colorado Supreme Court, and the Colorado Court of Appeals.

Mr. Matise has also represented numerous employees in successful Title VII disparate treatment, sexual harassment, ADA, and ADEA employment litigation. In one ADA action, Mr. Matise obtained a settlement with the Nineteenth Judicial District.

Mr. Matise is a volunteer public elected official, serving as a board member, secretary-treasurer and past president of the Tollgate Crossing Metropolitan District No. 2. In 2006, the voters of that district elected Mr. Matise as the first homeowner to serve on the Board of Directors in a contested election, defeating an incumbent director that had been appointed by the developer. Mr. Matise has served on the board since then, overseeing the successful transition from developer control to homeowner control.

Mr. Matise is admitted to practice in the states of Colorado and New Mexico, as well as the Tenth Circuit Court of Appeals, Ninth Circuit Court of Appeals, and United States District Courts for the Districts of Colorado, New Mexico, Eastern District of Wisconsin.

Prior to joining Burg Simpson in 2004, Mr. Matise was involved in commercial trial work, civil rights litigation involving governmental entities, commercial/product defect litigation, and employment law. Mr. Matise served as the judicial law clerk for Hon. John Edwards Conway, Chief District Judge for the District of New Mexico, and United States Magistrate Judge Leslie C. Smith.

Best Lawyers® “Lawyer of the Year 2016,” Mass Tort Litigation/Class Actions – Plaintiffs, Denver

Selected to Best Lawyers® in America, 2013 - 2017

Selected to Colorado Super Lawyers®, 2013-2016

Order of the Coif

Phi Alpha Delta

New Mexico Law Review Editor-in-chief, 1997-1998

Jessup Moot Court Team, 1996-1998

NACDL Mock Trial Team, 1996

New Mexico Court of Appeals Appellate Advocacy Moot Court Champion, 1996

Colorado, 2002

New Mexico

Montana, 2012

U.S. District Court, District of Montana, 2012

U.S. Court of Appeals, 10th Circuit

U.S. Court of Appeals, 9th Circuit

U.S. District Court, District of Colorado

U.S. District Court, District of New Mexico

U.S. District Court, Eastern District of Wisconsin

J.D., 1998, University of New Mexico, summa cum laude

B.S., 1980, University of Redlands, CA, magna cum laude

Colorado Bar Association

Arapahoe County Bar Association

Denver Bar Association

State Bar of New Mexico

Montana State Bar Association

Implied Employment Contracts Based on Written Policy Statement Are Not Subject to Governmental Immunity, New Mexico Law Review, Vol. 27, No. 3

Editorial Board Member, The Corporate Observer

Alan K. Simpson Argues For a 28th Amendment

 August 16, 2017

Alan K. Simpson Argues For a 28th Amendment

Are corporation’s people? It might sound like a simple question, but it’s one the U.S. Supreme Court answered in the affirmative when it handed down its landmark Citizens United v. Federal Election Commission decision in 2010. That 5-4 ruling struck down a prohibition against certain election communications by nonprofits, corporations, labor unions, and other associations…. Read more »

Michael S. Burg Blasts Supreme Court Big Pharma Ruling

 August 15, 2017

Michael S. Burg Blasts Supreme Court Big Pharma Ruling

Earlier this summer, the U.S. Supreme Court handed Big Pharma a big victory. In Bristol-Myers Squibb Co. v. Superior Court of California, the high court struck down California’s effort to widen the scope of non-residents seeking relief from dangerous drugs. In an 8-1 decision, the court ruled against nearly 680 plaintiffs who were suing the… Read more »

Burg Simpson Eldredge Hersh & Jardine Attorneys Recognized in 2018 Edition of The Best Lawyers in America©

 August 15, 2017

Burg Simpson Eldredge Hersh & Jardine Attorneys Recognized in 2018 Edition of The Best Lawyers in America©

  Twenty-Three Attorneys Were Listed in The Best Lawyers in America ® 2018 Four Attorneys Listed as 2018 Best Lawyers “Lawyer of the Year” In Their Practice Area and Region August 15, 2017 (Denver, CO) – Burg Simpson Eldredge Hersh & Jardine, P.C., one of America’s foremost plaintiff trial firms, is proud to announce several… Read more »

Weyerhaeuser Floor Joists Could Be Poisoning Your Home

 August 9, 2017

Weyerhaeuser Floor Joists Could Be Poisoning Your Home

August 9, 2017 (Denver, CO) – Thousands of new homes may be uninhabitable due to excessive levels of formaldehyde, a known carcinogen, found in the joists of finished and unfinished basements. Homeowners and construction workers have reported feeling ill, with burning eyes and respiratory issues, after exposure to hazardous levels of formaldehyde present in these… Read more »

Employee versus Contractor – Denver Workers Compensation Attorney – Burg Simpson

 August 23, 2017

Are you an Employee or an Independent Contractor?

In today’s economy, the popularity of independent contractors has ascended for several years. Whether it’s driving around strangers for money or building Web pages from home, it seems like more people than ever are forgoing employee status and embracing life as an independent contractor. In fact, a recent Intuit study claims that slightly more than… Read more »

Traumatic Brain Injuries – Denver Injury Lawyer – Burg Simpson

 August 16, 2017

What you Should Know About Traumatic Brain Injuries

Few things can change – or end – a life as quickly as a Traumatic Brain Injury. TBIs play a role in nearly a third of injury deaths in the United States. More than 150 people die every day as a result of these devastating injuries, which works out to more than 50,000 fatalities annually…. Read more »

HR 1215 Bill – Colorado Medical Lawsuit Attorneys – Burg Simpson

 August 10, 2017

Legislation Threatens Medical Malpractice Victims

While Congress distracted the country with the drama of a failed Affordable Care Act repeal vote, lawmakers quietly – and barely – passed HR 1215, the “Protecting Access to Care Act of 2017,” on June 28. The bill makes it much harder for victims of medical malpractice to hold health care providers responsible for their… Read more »

Underride Accidents – Denver Injury Attorney – Burg Simpson

 August 9, 2017

What are the Dangers of Truck Underride Accidents?

In 2004, 26-year-old Roya Sadigh and her fiancé were on their way home for Thanksgiving in a blizzard. Their car hit a patch of ice, spun out of control, and slid beneath a tractor-trailer. The truck’s rear wheels ran over the car, crushing it. Sadigh died before she could make it to the hospital. These… Read more »

Ring of Fire: Even Republicans Are Disgusted by The Republican Party

 May 3, 2016

Ring of Fire: Even Republicans Are Disgusted by The Republican Party

A Ring of Fire first! Host Farron Cousins talks to former Senator Alan Simpson in a unique opportunity on Ring of Fire to speak with a Republican about the current state of the Republican Party.

CBS 4: Michael Burg Inducted to Trial Lawyer Hall of Fame

 April 28, 2016

CBS 4: Michael Burg Inducted to Trial Lawyer Hall of Fame

CBS 4 in Denver highlights Burg Simpson attorney Michael S. Burg’s induction into the Trial Lawyer Hall of Fame

Radio 850KOA: Michael Burg Inducted to Trial Lawyer Hall of Fame

 April 28, 2016

Radio 850KOA: Michael Burg Inducted to Trial Lawyer Hall of Fame

Denver’s Radio 850KOA ran a news story about Michael Burg’s induction into the Trial Lawyer Hall of Fame.

Burg Simpson Legal Minute: Civil Justice System

 April 21, 2016

Burg Simpson Legal Minute: Civil Justice System

Burg Simpson shareholder Calvin Tregre Jr. examines changes to the civil justice system, where limitations have been placed on monetary awards to seriously injured victims of corporate negligence. Are you protected?

Trial Talk magazine

 November 18, 2015

Trial Talk: Cross Appeal? Now What?

Burg Simpson Attorney and Shareholder Diane Vaksdal Smith’s article, published in CTLA’s Trial Talk, April/May 2015, addresses specifics of appellate practice and procedure. Download full article PDF

The Trial Lawyer Magazine

 November 18, 2015

Homebuilders v. Homeowners

Threats to Shift an Already Tilted Playing Field More in Favor of Homebuilders Burg Simpson attorneys Jennifer A. Seidman and Ronald M. Sandgrund examine what could happen if lawmakers allow builders to take advantage of and mischaracterize the causes of the Great Recession’s lingering effects, and the facts regarding the real causes of the decline… Read more »

Pop Culture

 November 18, 2015

Part IV – Does Popular Culture Influence Lawyers, Judges, and Juries?

TV and Movies – What We Love and Love to Hate Twelve Angry Men, To Kill a Mockingbird, the O.J. Simpson debacle…do these movies and televised lawsuits influence decision makers? Burg Simpson attorney Ronald M. Sandgrund continues the panel series dialogue, with Part IV addressing TV and movies. Download full article PDF

Pop Culture Part 3

 November 18, 2015

Part III – Does Popular Culture Influence Lawyers, Judges, and Juries?

Managing Popular Culture’s Influence Popular culture generally has been defined as “culture based on the tastes of ordinary people rather than an educated elite.” Part III investigates whether popular culture may be undermining the rule of law. Burg Simpson attorney Ronald M. Sandgrund mediates this panel article. Download full article PDF

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