Meet our Attorneys

Nick Fogel

Shareholder

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.

Save

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

Arapahoe County Bar Association Fellow

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.

Burg Simpson’s Alan K. Simpson Urges Trump to Keep Campaign Promise

 March 23, 2017

Burg Simpson’s Alan K. Simpson Urges Trump to Keep Campaign Promise

One of President Trump’s newest proposed executive orders is meant to protect “religious liberty.” Instead, it has the potential to legalize the discrimination of gays, women, and other minorities. As such, Burg Simpson founding shareholder Alan Simpson urges the president to think twice before signing it, arguing that not only is the measure wildly unpopular… Read more »

Michael S. Burg Makes Case for Supreme Court Nominee

 March 23, 2017

Michael S. Burg Makes Case for Supreme Court Nominee

Supreme Court nominee Neil Gorsuch’s lengthy Senate confirmation hearing is expected to wrap up this week. President Trump nominated Gorsuch, a 10th Circuit Appellate judge, last month to fill the late Justice Scalia’s seat after his sudden death last year. The Colorado native has drawn strong Republican support but faces critical Democrats concerned about his… Read more »

Winners Awarded in Burg Simpson College Scholarship Competition

 March 15, 2017

Winners Awarded in Burg Simpson College Scholarship Competition

Denver, CO – Burg Simpson Eldredge Hersh & Jardine, one of America’s foremost plaintiff trial firms, announced the winners of its Fifth Annual College Scholarship Competition. Launched in 2012, the competition encourages seniors from across the state to write a 1,500-word essay about the importance of the civil jury system as the guardian of American… Read more »

5th Annual Jeremy Bitner 5K to support fallen officers

 March 7, 2017

5th Annual Jeremy Bitner 5K to support fallen officers

Denver, Colorado – On May 28th, 2012 Englewood Police Detective Jeremy Bitner lost his life after he was struck and killed by a vehicle while performing a traffic stop. The 8-year police veteran left behind his wife as well as a young son and daughter, and his absence was felt by other family members and… Read more »

Are Medical Malpractice Caps Costing Injured Colorado Residents?

 March 3, 2017

Are Medical Malpractice Caps Costing Injured Colorado Residents?

A recent article in the Legal Examiner, a legal periodical, asks provocative questions as to whether Colorado’s medical malpractice caps on non-economic damages are costing injured Colorado residents who have been the victims of medical malpractice.  The often-cited justification for caps on medical malpractice damages is to prevent the premiums for physicians’ medical malpractice liability… Read more »

Burg Simpson’s Colorado Insurance Bad Faith Attorneys Help Win Fight to Strengthen Consumer Rights

 February 24, 2017

Burg Simpson’s Colorado Insurance Bad Faith Attorneys Help Win Fight to Strengthen Consumer Rights

Burg Simpson congratulates shareholders Thomas W. Henderson and Brian K. Matise and attorney Nelson Boyle for their great win. On behalf of the Colorado Trial Lawyers Association, these Burg Simpson attorneys submitted a pro bono “friend of the court” brief in Nibert v. Geico Casualty Co, 2017COA23. With their help, Colorado insurance consumers’ rights are… Read more »

Recall Alert: Comprehensive Reverse Shoulder Recalled by Zimmer Biomet

 February 17, 2017

Recall Alert: Comprehensive Reverse Shoulder Recalled by Zimmer Biomet

Zimmer Biomet has issued a Class I Recall of its Comprehensive Reverse Shoulder due to higher than reported fracture rates.  Zimmer Biomet issued the recall on December 15, 2016.  The Zimmer recall includes thousands of Comprehensive Reverse Shoulders.  The recalled devices were distributed between October 2008 and September 2015.  As part of the shoulder recall,… Read more »

Burg Simpson Construction Defect Group Discuss Colorado Municipal Ordinances

 January 30, 2017

Burg Simpson Construction Defect Group Discuss Colorado Municipal Ordinances

Ronald Sandgrund (Of Counsel), along with Associates Jennifer Seidman, Leslie Tuft and Nelson Boyle of the Burg Simpson Construction Defect Group have co-authored a three-part article in The Colorado Lawyer. The article discusses the many recently enacted construction defect Colorado municipal ordinances, including their “right-of-repair,” “HOA disclosure and consent-to-sue” and arbitration procedures. Part 1 of… 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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