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

Burg Simpson Wins Latest Battle in Avalanche Case

 April 25, 2017

Burg Simpson Wins Latest Battle in Avalanche Case

In 2012, 13-year-old Taft Conlin and four of his friends made their way through the open lower gate of Prima Cornice in Vail, a ridgetop that sits above a skiable area. After several runs in this area, an avalanche swept over Conlin and two of his friends, killing him and injuring another. His family subsequently… Read more »

Michael S. Burg Defends Gorsuch

 April 7, 2017

Michael S. Burg Defends Gorsuch

As the Senate wrestles with a Democratic filibuster of President Trump’s Supreme Court nominee Neil Gorsuch, Burg Simpson founding shareholder Michael S. Burg dialed into BBC Radio’s “Up All Night” this this week to defend the federal appellate judge. Read more »

Michael S. Burg says Gorsuch is More than Qualified

 April 6, 2017

Michael S. Burg says Gorsuch is More than Qualified

As the Senate battle over Supreme Court nominee Neil Gorsuch heads toward an actual vote this week, Burg Simpson Founding Shareholder Michael S. Burg spoke with SiriusXM’s Tim Farley on his POTUS morning radio show to discuss the confirmation fight. Read more »

Burg Simpson Launches Denver PD Scholarship

 April 5, 2017

Burg Simpson Launches Denver PD Scholarship

Burg Simpson is renewing its support of Denver’s law enforcement community with the launch of the Burg Simpson Law Firm Denver Police Officer Foundation Scholarship competition. The winner will take home a $1,500 college scholarship to pay for tuition, fees, books, meals or housing. Read more »

Device Recall - Dangerous Medical Devices Attorney – Burg Simpson

 April 24, 2017

What is a Medical Device Recall?

When a person undergoes a medical procedure involving the use of a medical device, that person trusts it’s safe and effective. Unfortunately, this isn’t always the case. When it becomes clear that a medical device is causing unexpected harm to consumers, a medical device manufacturer must take measures to address such serious problems. One such… Read more »

Fitness Tracker – Colorado Personal Injury Lawyer – Burg Simpson

 April 20, 2017

Your Fitness Tracker Could Help Your Personal Injury Case

Fitness trackers have quickly become a fixture on the American wrist over the last two years, taking the lion’s share of the wearable gadget gift market. Fitbit, the Apple Watch, and a dozen other such gizmos can track not only steps taken, but also blood pressure, heart rate, sleep quality and more. Now, fitness trackers… Read more »

Vision Screenings for Safe Driving – Personal Injury Attorney Denver – Burg Simpson

 April 19, 2017

Vision Screening Test Could Keep Roads Safer

Driving is the preferred mode of transportation for most Americans over 65. Safe driving relies on the quick and accurate assessment of visual cues. But the ability to process these cues can deteriorate with age, which can make driving dangerous for both the driver as well as everyone else on the road. In a long-term… Read more »

Teen Drivers – Colorado Personal Injury Attorneys – Burg Simpson

 April 17, 2017

Alcohol, Speed, and Darkness — A Deadly Combo for Teen Drivers

Winter brings more than just snow and ice—it brings the darkest days of the year. Even as winter moves into early spring, less daylight can mean more accidents for Colorado drivers. When combined with alcohol and speed, the trifecta of car accident conditions make winter the most dangerous time on our roads. According to statistics,… 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

Net Neutrality

 November 18, 2015

Net Neutrality: A Panel Discussion

Rick D. Bailey contributes his opinion on Net Neutrality in this panel article published in Best Lawyers® Business Edition, Summer, 2015. 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 »

Rick Bailey - Hearing and Mishearing

 November 18, 2015

Hearing and Mishearing: Psychoanalytic Observations on the Attorney-Client Relationship

Trial lawyer Rick D. Bailey co-authored this white paper with David Stevens, a practicing psychoanalyst/clinical psychologist and associate professor at the university of Colorado Health Sciences Center. They address the attorney-client relationship throught the lens of psychoanalysis and cognitive neuroscience. Download full article PDF

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