Mr. Hersh focuses his practice on civil trial work and complex commercial litigation. Admitted to practice before both the Colorado and Wyoming Supreme Courts, as well as numerous Federal Courts, Mr. Hersh has tried well over 130 civil jury trials to verdict throughout the United States. 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.
As co-chairman of BurgSimpson’s Commercial Litigation Department, Mr. Hersh has hands-on responsibility for all types of commercial trial work. Mr. Hersh handles cases concerning business dissolution, breach of fiduciary duty, shareholder derivative actions, breach of contract, protection of confidential business information, management disputes, and other business disputes. Mr. Hersh handles disputes relating to all sorts of corporate structure including corporations, limited liability companies, limited liability partnerships, and the like.
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 and governmental entities defrauded through the use of Collateralized Debt Obligations [CDOs] and is one of the lead lawyers nationwide on civil litigation directed at the rating agencies [NRSRO’s] for their participation in the sub-prime mortgage market meltdown. Mr. Hersh is one of the leading lawyers nationwide in cases regarding residential mortgage backed securities [RMBS] and the lenders and NRSRO’s responsible for the financial market crash in 2007. Mr. Hersh has consistently been recognized as an exceptional attorney who has attained a high degree of peer recognition and professional achievement. Mr. Hersh has achieved the highest rating from his peers for quality of legal work, professionalism, and ethics by receiving an AV® Preeminent™ 5.0 out of 5 rating by Martindale-Hubbell. Mr. Hersh has consistently been selected as a Colorado Super Lawyer in the area of commercial litigation for several years. Since 2008, Mr. Hersh has also been selected to appear in each edition of Super Lawyers Corporate Counsel Magazine, a national publication of highly successful commercial law trial lawyers. In 2012, Denver’s 5280 Magazine also recognized Mr. Hersh as a Top Attorney in Colorado.
Mr. Hersh has been recognized for his excellence in civil trial work by being selected for inclusion in The Best Lawyers in America®. Best Lawyers in America® has for decades been recognized by both legal professionals and the public as the most credible and definitive guide to legal excellence in the United States. Mr. Hersh has also been recognized by Benchmark Litigation as a Local Litigation Star in Colorado for Commercial Litigation and Personal Injury trial work.
Mr. Hersh is referenced in the 2012 U.S. Legal 500, a preeminent worldwide guide to lawyers and law firms practicing in the United States. Mr. Hersh is recognized as a Fellow of the Litigation Counsel of America. The Litigation Counsel of America is an invitation only trial lawyer honorary society established to reflect the new face of the American bar based on excellence in trial work. Membership in the Litigation Counsel of America is limited to less than one-half of one percent of all 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 National Trial Lawyer’s Top 100 Trial Lawyers and is an Executive Committee Member of the Business Tort Trial Lawyers Association (BTTLA). BTTLA is a professional specialty association of trial attorneys representing victims and plaintiffs in claims involving harm to economic interests or business relationships.
Mr. Hersh serves on the Board of Trustees for the Legal Aid Foundation, a non-profit foundation that provides access to justice for those in need. Mr. Hersh volunteers his time and efforts to provide assistance to the poor and disadvantaged, helping them obtain relief and assistance through the judicial system.
Mr. Hersh serves on the Board of Directors for the Colorado Judicial Institute and chairs the Membership Development Committee for the Colorado Judicial Institute (CJI). The CJI 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 serves on the Board of Directors for the Arapahoe County Bar Association. Mr. Hersh is active in the Association, providing services to the community through the Lawyers at the Library program and speaking to both public and legal groups. Mr. Hersh chairs the Association’s Continuing Legal Education (CLE) Committee.
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 regularly tries cases in State and Federal Courts around the country, and is admitted to practice in several United States District Courts as well as the 5th, 8th, and 10th United States Circuit Courts of Appeal.
Mr. Hersh is a frequent lecturer for legal and non-legal organizations including universities 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 is a supporter of “Jam the Damz,” an integrated cycling tour through the Denver Metro area that helps raise funds for Craig Hospital, U.S. Handcycling, and Adaptive Adventures. Mr. Hersh has been a speaker at numerous continuing legal education seminars on a variety of topics related to the practice of trial law. Mr. Hersh is a faculty member for the University of Wyoming College of Law Summer Trial Advocacy Institute where he instructs law students on various topics related to trying civil cases. Mr. Hersh serves as a member of the University of Wyoming College of Law Advisory Board. In this capacity, Mr. Hersh provides advice and feedback to the college and contributes to the “future vision” of the Law School.
Mr. Hersh is a frequent trial tactics and trial practices lecturer at both the University of Wyoming College of Law and the Sturm College of Law at the University of Denver, where he teaches law students how to try civil cases. Mr. Hersh has also served as an instructor in trial tactics for the American Bar Association-sponsored National Institute of Trial Advocacy (NITA) School. In 2012, Mr. Hersh was a featured speaker at the 2012 International Symposium for Life Care Planning, held in Denver, Colorado. Mr. Hersh delivered a 90-minute presentation on “Life Care Planning in the Courtroom: What Really Happens.” Mr. Hersh is an author of business-law.burgsimpson.com, a legal blog which focuses on issues relating to business disputes and commercial litigation.
AV Preeminent® Rating, Martindale-Hubbell
Best Lawyers® “Lawyer of the Year," Legal Malpractice Law – Plaintiffs, Denver, 2014 and 2016
Best Lawyers®, Plaintiffs, Legal Malpractice Law, 2013 – 2017
Best Lawyers®, Plaintiffs, Professional Malpractice Law, 2013 – 2017
Best Lawyers®, Plaintiffs, Personal Injury Litigation, 2016-2017
Named to the “2015 Colorado Super Lawyers® Top 10” list
Law Week Colorado's Barrister's Best - People's Choice Award: Best Commercial Litigator, 2015
Litigation Star, Benchmark Litigation, United States – Plaintiff, Mass Tort/Product Liability, 2013
Local Litigation Star, Benchmark Litigation, Colorado – Plaintiffs, 2013
U.S. Legal 500, 2012 and 2013
Top 100 Attorney, The National Trial Lawyers
Selected to Colorado Super Lawyers®, 2006-2008, 2011-2016
Selected to Colorado Super Lawyers®, 2011-2015, (Business Litigation, Top 100)
5280 Magazine Top Lawyer, 2012, 2016
Order of the Barristers
National Moot Court Competition Recipient, Best Oral Advocate Award
Colorado Bar Foundation Fellow
Who’s Who in American Colleges and Universities
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, 1984
U.S. District Court, District of Wyoming
J.D., 1983, Wake Forest University School of Law
B.S., 1981, Bob Jones University, Accounting and Public Speaking
Member, American Board of Trial Advocates (ABOTA)
Board of Directors, CLE Colorado (Representative of the Colorado Bar Association)
Vice Chair, Committee on Conduct, U.S. District Court for the District of Colorado
Board of Directors, Colorado Judicial Institute (CJI)
President-Elect, Arapahoe County Bar Association (ACBA)
Roster of Neutrals, American Arbitration Association
Fellow, Litigation Counsel of America
Board of Governors, Colorado Bar Association
Colorado Bar Association (Litigation, Products Liability and Tort Law Sections)
Colorado Bar Association Nominating Committee
Member, Diversity Law Institute (DLI)
Wyoming Bar Association
Federal Bar Association
Faculty of Federal Advocates (FFA)
University of Wyoming College of Law Advisory Board
Faculty, University of Wyoming Law School Summer Trial Institute
University of Wyoming President's Society
The National Trial Lawyers (NTL)
Executive Board Member, Business Torts Trial Lawyers Association
Colorado Trial Lawyers Association (CTLA)
Member, American Society of Legal Advocates (ASLA)
Wyoming Trial Lawyers Association
American Association for Justice (AAJ)
Member, Trial Law Institute (TLI)
American Bar Association
Board of Directors, Arapahoe County Bar Association
Chair, Membership Committee, Arapahoe County Bar Association
Committee Member, Craig Hospital PUSH for a Cure Committee
Brain Injury Alliance of Colorado
Active supporter of "Jam the Damz" and "Pedal 4 Possible," integrated cycling tours through the Denver Metro area that help raise funds for Craig Hospital, U.S. Handcycling, and Adaptive Adventures
Fellow Emeritus of the Arapahoe County Bar Foundation
Judicial Facilities Review Commission, Arapahoe County Bar Association
Advisory Board Member, University of Wyoming College of Law
Featured speaker at numerous educational events, including the 2015 Trial Lawyers College for the Colorado Trial Lawyers Association
Former Member of the Board of Trustees, Legal Aid Foundation of Colorado
Fellow Emeritus of the Arapahoe County Bar Foundation
Served on the Judicial Facilities Review Commission, Arapahoe County Bar Association
10/13/2015: Farron Cousins interviews attorney and shareholder Dave Hersh about the way that large corporations remove the public’s right to a trial by jury. It’s all in the fine print – when purchasing certain goods or services, such as a cell phone or bank account, we could be agreeing to not sue the business who created or sold us the product if something goes wrong.
“Federal Tort Case Results in Millions” – Interview with Law Week Colorado following $7.3 million verdict, June 3, 2014
"Never Give Up! Top Ten Lessons from Our Eight-Year Battle in the CDO Litigation About the Collapse of the U.S. Economy" - Colorado Trial Lawyers Association Conference, Steamboat Springs, August 4, 2016
“Legal Issues, Timely Decision Making, and Available Options for Survivors of Traumatic Brain Injury” – Brain Injury Alliance of Colorado 31st Annual Conference, Denver, October 16, 2014
“Legal Issues for Brain Injury Survivors” – Brain Injury Alliance of Colorado Regional Conference, Pueblo, April 25, 2013
“Legal Issues for Brain Injury Survivors” – Brain Injury Association of Colorado, Pueblo Regional Conference, April 25, 2013
Faculty, University of Wyoming Law School Summer Trial Institute
Instructor in trial tactics for the American Bar Association-sponsored National Institute of Trial Advocacy (NITA) School
Trial practice lecturer, University of Wyoming College of Law
Trial practice lecturer, the University of Denver Sturm College of Law