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.

Burg Simpson Attorneys to Participate in University of Wyoming Summer Trial Institute

 July 15, 2016

Burg Simpson Attorneys to Participate in University of Wyoming Summer Trial Institute

Nearly 50 volunteer attorneys and judges will again provide intensive instruction to third-year University of Wyoming College of Law students during the 2016 Summer Trial Institute course at UW in August. This practical “hands on” course teaches students essential trial skills and strategies, with these future litigators receiving direct feedback from seasoned lawyers, judges, faculty and peers. Participation in a mock jury trial in front of… Read more »

Mike Burg’s “Trial by Fire” Now Available

 July 7, 2016

Mike Burg’s “Trial by Fire” Now Available

Denver, Colorado – Burg Simpson Eldredge Hersh & Jardine, P.C. is proud to announce that its founding member, Michael “Mike” Burg, has released his book, Trial by Fire: One Man’s Battle to End Corporate Greed and Save Lives. The book demonstrates Mike’s unwavering personal commitment to stand up for the weary, weak, and the downtrodden… Read more »

Graham D. Hersh Selected as Member of Operation TBI Freedom Advisory Committee

 July 1, 2016

Graham D. Hersh Selected as Member of Operation TBI Freedom Advisory Committee

Denver, Colorado – Burg Simpson Eldredge Hersh & Jardine, P.C. is proud to announce that attorney Graham D. Hersh has been selected as a member of the Operation TBI Freedom Advisory Committee. Operation TBI Freedom has proudly assisted military service members and veterans with traumatic brain injury who have served on or after September 11,… Read more »

Jacob M. Burg Accepted as Member of Colorado Bar Association Fee Arbitration Committee

 June 29, 2016

Jacob M. Burg Accepted as Member of Colorado Bar Association Fee Arbitration Committee

Denver, Colorado – Burg Simpson Eldredge Hersh & Jardine, P.C. is proud to announce that attorney Jacob M. Burg has been accepted as a member of the Colorado Bar Association Fee Arbitration Committee. This committee provides free service to lawyers and clients in disputes over fees. Committee members serve as arbitrators with the goal of… Read more »

Defective Aluminum–Clad Windows Mean Trouble for Homeowners

 July 8, 2016

Defective Aluminum–Clad Windows Mean Trouble for Homeowners

When you buy or build a home you don’t expect your windows to be defective. Thousands of homeowners nationwide, however, may have defective aluminum-clad windows installed in their homes. Unfortunately, many of these homeowners are in the dark about the cause of their problem until after spending thousands of dollars replacing windows they shouldn’t have… Read more »

Steps You Should Take After an Auto Accident

 May 10, 2016

Steps You Should Take After an Auto Accident

Auto accidents happen every day on Colorado roads. These car crashes range from minor fender benders to deadly collisions. If you’ve ever been in a car accident then you likely know how confusing it can be to know what to do next. This post will provide you with guidance to help you handle those critical… Read more »

Burg Simpson Attorney Scott Sullan Discusses Colorado Springs Landslides

 April 29, 2016

Burg Simpson Attorney Scott Sullan Discusses Colorado Springs Landslides

The recent Colorado Springs landslides have prompted questions and concerns from local homeowners. The Gazette is publishing a special report about the landslide hazards in Colorado Springs and what, if anything is being done about them. As part of this special report, The Gazette recently interviewed Burg Simpson construction defects attorney Scott Sullan about important… Read more »

business-law-contract-2

 April 27, 2016

NFL v. NFLPA and Brady – Beware the Downside of a Broad Arbitration Clause Before You Agree

A three judge panel of the Second Circuit Court of Appeals issued its opinion re-instating the NFL commissioner’s four game suspension of Tom Brady for his role in “deflate-gate”, the NFL sideshow over whether Tom Brady was complicit in intentionally deflating footballs during a playoff game to gain an unfair competitive advantage over the opponent…. 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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