Meet our Attorneys

Nick Fogel

Shareholder

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asla_top40logo2014-sfw the-national-trial-lawyers-top-100_small the-national-trial-lawyers-top-40-under-40_small 10-best-american-institute-of-personal-injury-attorneys Nick Fogel - Super Lawyers Nick Fogel-Avvo Top Attorney Workers Compensation Award Nick Fogel - Super Lawyers Rising Stars Nick Fogel-5280 Top Lawyer 2016

Nick Fogel’s practice is devoted to helping those who have been injured while working on the job and in the line of duty. In this capacity Nick has extensive courtroom experience handling a wide variety of matters.

In 2010, Nick was selected by Law Week Colorado as one of Colorado’s Up-and-Coming Lawyers, a distinction given to attorneys who are at most in their sixth year of practice and have already accomplished tremendous things professionally and in the community. Recently, Nick has been selected by the National Trial Lawyers for inclusion in The Top 40 under 40 Association. Membership into The Top 40 under 40 Association is by invitation only and is extended exclusively to those individuals who exemplify superior qualifications, trial results, and leadership as a young trial lawyer.

Additionally, Nick has been selected by the National Trial Lawyers as one of the Top 100 Trial Lawyers in the state of Colorado. The selection is based on superior qualifications, leadership, reputation, influence, statute, and profile in the Trial Lawyer community. Since 2012, Nick has been selected to Colorado Super Lawyers® “Rising Stars,” a distinction limited to only the top 2.5 percent of qualifying lawyers in the state.

In 2008, Nick argued before the Colorado Court of Appeals resulting in the published decision of 07CA0071 Safeway, Inc. v. Industrial Claim Appeals Office of the State of Colorado and Tearsa Sloan (Colo. App. 2008), which allowed for Claimants to seek retroactive benefits in workers’ compensation claims.

Nick is an Ex-Officio Board Member and has Co-founded the Young Professional’s Division of the Colorado Judicial Institute, an organization whose goal is to preserve and enhance the independence and excellence of Colorado courts. Nick has also been named as a board member of the Friends of Denver Fire Department, an organization devoted to supporting the needs of the Denver Fire Department and Denver Firefighters. Additionally, Nick has been selected to serve on the Executive and New Media Committee for Our Courts Colorado, a nationally recognized organization that provides educational programs throughout the state to further public knowledge and understanding of state and federal courts. Nick has also been selected to serve on the Steering Committee for the Craig Hospital 1907 Ambassador’s Circle and was appointed by the State of Colorado to the Traumatic Brain Injury Medical Treatment Guidelines Advisory Panel.

Nick consistently works with various local and state unions to ensure members’ rights are being protected, including the following:

  • The Fraternal Order of Police
  • Association of Colorado State Patrol Professionals
  • Local 1886 International Association of Machinists & Aerospace Workers
  • Local 9 International Union of Operating Engineers
  • Denver Police Protection Association
  • Local 858 Denver Fire Fighters
  • Aurora Police Association
  • Cherry Hills Colorado Police Association
  • Local 7 United Food and Commercial Workers Union
  • Teamsters Local 455
  • Colorado Teamsters Local 17
  • Boulder Police Officers Association
  • Local 7 International Association of Stage Hands
  • Denver Sheriffs Fraternal Order of Police
  • Colorado Carpenters Local 1068
  • International Brotherhood of Electrical Workers Local 111
  • Bakery, Confectionery, Tobacco Workers & Grain Millers, International
  • Denver Theatrical Stage, Film and Exhibition Employees’ Union
  • Colorado Builder and Construction Trades Council
  • AFL-CIO
  • Communication Workers of America

Nick also volunteers for the ZRBG Pension Project, where he has represented two holocaust survivors in ascertaining pension benefits from the German government.

Top Lawyer, 5280 Magazine, 2016

Up-and-Coming Lawyers, Law Week Colorado, 2010

Top 40 under 40, The National Trial Lawyers

Top 100 Trial Lawyers in Colorado, The National Trial Lawyers

Selected to Super Lawyers® Rising Stars, 2012 - 2016

Top 40 Litigation Lawyer Under 40 in the state of Colorado, American Society of Legal Advocates

Named '10 Best' in Colorado, the American Institute of Personal Injury Attorneys, 2015

Colorado, 2007

U.S. District Court, District of Colorado, 2008

J.D., 2007, University of Denver, Sturm College of Law

B.A., 2003, University of Colorado, Boulder – International Affairs with an area of emphasis in Mandarin Chinese

The National Trial Lawyers, Member since 2011

Our Courts Colorado



  • New Media Committee Member


  • Executive Committee Member


Colorado Judicial Institute, Member since 2010



  • Ex-Officio Board Member


  • Co-chair Young Professionals Division


Workers’ Compensation Education Association, Member since 2010

Minoru Yasui Inn of Court

American Association for Justice (AAJ), Member since 2008

American Bar Association, Member since 2008

Colorado Trial Lawyers Association (CTLA), Member since 2008

Denver Bar Association, Member since 2008

Colorado Bar Association, Member since 2008

Legal Aid Foundation of Colorado – Associates Advisory Board

ZRBG Pension Project – Designed to ascertain pension benefits for Holocaust survivors

Burmese Refugee Legal Clinic, 2010

American Israel Public Affairs Committee – Young Leadership Council Member

2010 & 2011 Denver Softball League Champion

Friends of Denver Fire Department – Board Member

Craig Hospital 1907 Ambassador’s Circle



  • Steering Committee Member


  • Oversight Committee Member


Published Decision: 07CA0071 Safeway, Inc. v. Industrial Claim Appeals Office of the State of Colorado and Tearsa Sloan (Colo. App. 2008), Argued

Nick frequently lectures on Personal Injury and Workers’ Compensation to First Responder and Labor organizations. Please contact Nick if your union or organization would like a free informational seminar on Civil or Workers’ Compensation law and benefits.

Mike Burg’s Book, Trial By Fire: One Man’s Battle to End Corporate Greed and Save Lives, is a Bestseller!

 August 25, 2016

Mike Burg’s Book, Trial By Fire: One Man’s Battle to End Corporate Greed and Save Lives, is a Bestseller!

Denver, Colorado – Already an Amazon bestseller, Mike Burg’s new book, Trial By Fire: One Man’s Battle to End Corporate Greed and Save Lives, continues its climb. The book reached the number 2 spot this week on the Denver Post newspaper’s list of the Denver area’s best selling nonfiction books. Mike Burg has built one… Read more »

Burg Simpson Launches 2016-2017 Colorado High School Scholarship Competition

 August 24, 2016

Burg Simpson Launches 2016-2017 Colorado High School Scholarship Competition

Denver, Colorado – Burg Simpson Eldredge Hersh & Jardine, P.C. is once again offering its annual scholarship competition. Now in its fifth year, the competition is based upon written essays and aims to teach the next generation about the importance of the jury system as the guardian of American rights and liberties. Burg Simpson awards… Read more »

20 Burg Simpson Attorneys Named to the 2017 Best Lawyers ® in America List

 August 15, 2016

20 Burg Simpson Attorneys Named to the 2017 Best Lawyers ® in America List

Denver, Colorado – Burg Simpson Eldredge Hersh & Jardine, P.C. is proud to announce that 20 lawyers have been named to the 2017 Edition of Best Lawyers ®, one of the most respected peer review publications in the legal profession. The following attorneys were listed as 2017 “Lawyers of the Year” in various categories. Only… Read more »

Burg Simpson Attorneys to Address 2016 CTLA Convention

 July 27, 2016

Burg Simpson Attorneys to Address 2016 CTLA Convention

Burg Simpson is delighted to be attending the 2016 CTLA Convention (Colorado Trial Lawyers Association) in Steamboat Springs, Colorado. Shareholder David P. Hersh and Associate Nelson P. Boyle will each be hosting a session for CTLA members. On Thursday, August 4, David P. Hersh will host a session for CTLA members entitled, “Never Give Up!… Read more »

Colorado Court of Appeals Finds Insurance Company Conduct “Unreasonable”

 August 25, 2016

Colorado Court of Appeals Finds Insurance Company Conduct “Unreasonable”

Today, the Colorado Court of Appeals issued a decision in favor of a policyholder and against an insurance company that delayed payment of benefits owed. After the policyholder and insurance company disagreed on how much was owed under the policy for hail damage to the roofs at a townhome complex, they used the appraisal process… Read more »

Mike Burg Holds First Book Signing for Trial by Fire at Tattered Cover

 August 18, 2016

Mike Burg Holds First Book Signing for Trial by Fire at Tattered Cover

Earlier this month at the Tattered Cover Book Store in Denver, Colorado, a crowd of over 100 were treated to an audience with Burg Simpson attorney and author, Mike Burg. Speaking about his new book, Trial By Fire: One Man’s Battle to End Corporate Greed and Save Lives, Mike discussed his childhood and his motivations… Read more »

Talcum Powder and Ovarian Cancer?

 August 12, 2016

Talcum Powder and Ovarian Cancer?

Many cases of ovarian cancer diagnosed each year may have been caused by the regular use of talcum powder. Talc is a mineral made up of silicon, magnesium and oxygen. Because of its unique ability to absorb moisture, talc is common ingredient in Johnson & Johnson Baby Powder, Shower to Shower, and other household products… Read more »

Contaminated Olympus Endoscope Lead to Outbreak of Fatal Bacterial Infections

 July 28, 2016

Contaminated Olympus Endoscope Lead to Outbreak of Fatal Bacterial Infections

Olympus’ Surgical Scope Exposes Patients to Risk of Infection Medical device manufacturer Olympus Medical Systems Corp. (Olympus) is under investigation because its surgical device has been linked to serious infections, including some strains of drug-resistant bacteria known as “superbugs.” Olympus manufactures and sells a device called a duodenoscope that is used in endoscopic retrograde cholangiopancreatography… 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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