Meet our Attorneys

David P. Hersh

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David P. Hersh Lawyer of the Year 2016 David Hersh - Best Lawyers 2017 Martindale Hubbell AV Professional Excellence Super Lawyers David Hersh David Hersh-5280 Top Lawyer 2016 superlawyers-david-p-hersh Fellow LCA American Board of Trial Advocates

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.

Counselor/Therapist Malpractice

Environmental Litigation

Legal Malpractice

Pharmacy Malpractice

Professional Liability

Psychiatric Malpractice

Psychological Malpractice

Psychotherapy Law

Toxic Torts

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

"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

Gov. Hickenlooper Signs Workers Comp PTSD Bill Into Law

 June 8, 2017

Gov. Hickenlooper Signs Workers Comp PTSD Bill Into Law

The third time’s the charm for PTSD relief for Colorado’s first responders. After a pair of failed attempts over the past few years, the legislature finally sent a bill to the governor this year that would allow first responders to apply for mental impairment claim under Colorado workers’ compensation law after a “psychologically traumatic event.”… Read more »

Michael Burg Blasts Big Pharma

 June 6, 2017

Michael Burg Blasts Big Pharma

The political environment in DC couldn’t be better for Big Pharma. And it’s about to get worse, which is what worries Burg Simpson co-founder Michael S. Burg. “Dr. Scott Gottlieb, the newly appointed commissioner of the Food and Drug Administration, is so financially tied to Big Pharma that he could not possibly be a reliable… Read more »

Burg Simpson Eldredge Hersh & Jardine Selected to the Legal 500 List For 2017

 May 31, 2017

Burg Simpson Eldredge Hersh & Jardine Selected to the Legal 500 List For 2017

This Year Marks the Sixth Time the Denver-Based Law Firm Has Been Named to the Prestigious List May 29, 2017 (Denver, CO) – Burg Simpson Eldredge Hersh & Jardine, one of America’s foremost plaintiff trial firms, is proud to announce it has been selected to The Legal 500 for 2017 and founding shareholder Michael S…. Read more »

Nick D. Fogel Earns Workers’ Comp Honor

 May 24, 2017

Nick D. Fogel Earns Workers’ Comp Honor

The awards just keep coming in for the attorneys at Burg Simpson. The Professionals in Workers’ Compensation (PWC) named shareholder Nick D. Fogel the 2016 Outstanding Claimant Attorney of the Year. Nick is Burg Simpson’s workers’ compensation department head and has extensive experience working with clients who’ve been injured at work. “I was humbled and… Read more »

Breach of Contact – Colorado Corporate Litigation Attorneys- Burg Simpson

 June 22, 2017

HOW LONG DOES A PARTY HAVE TO PERFORM HIS OR HER DUTY UNDER A CONTRACT?

If you are in the business world, a common cause of action you may encounter is for breach of contract. A breach of contract occurs when one party fails to perform an agreed-upon duty as specified in the contract, whether it’s verbal or written.  Sometimes the question arises as to how long a party to… Read more »

Second Jobs – Denver Work Comp Lawyers - Burg Simpson

 June 21, 2017

Does a Second Job Threaten Your Workers’ Comp Claim?

Colorado’s one of the more fortunate states in the country right now. While the national unemployment rate hovers around 4.3 percent, the Centennial State boasts a rate of nearly half that at 2.3 percent. Not only is it the lowest unemployment rate in the nation, it’s so low that the state’s jobless rate has only… Read more »

Jeremy Bitner Memorial Run- Burg Simpson

 June 19, 2017

Runners, Walkers Race to Honor Jeremy Bitner

Clouds may have threatened Colorado skies early Saturday morning, but that didn’t stop hundreds of runners, walkers, and children from showing up at Englewood’s Cornerstone Park for the 2017 Jeremy Bitner Memorial 5K/10K Run & 5K Walk. The fifth annual race honored the late Englewood Police Detective Jeremy Bitner, who died in the line of… Read more »

Texting and Driving – Colorado Personal Injury Attorneys – Burg Simpson

 June 16, 2017

Colorado Cracks Down on Texting and Driving

In late-February of last year, 28-year-old Athina Munoz barreled south down a rural Colorado highway when she realized she had an urgent text message to send. She swerved into oncoming traffic as she did so, killing an older couple on a motorcycle instantly. Munoz also tested three times the limit for alcohol, which helped earn… 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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