Meet our Attorneys

Brian K. Matise

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Attorney Brian K. Matise hero image
Brian K. Matise Lawyer of the Year 2016

Mr. Matise’s legal experience includes all aspects of general civil practice with an emphasis on complex commercial litigation, mass tort product liability litigation, special district and homeowner association law, and insurance coverage litigation. Mr. Matise has successfully tried over a dozen cases to a jury verdict or judgment and obtained several million dollars in settlements for clients.

Mr. Matise has represented special districts and homeowners associations both as general counsel and in litigation against developers. Mr. Matise obtained a jury verdict and judgment against the former developer and President of two Colorado metropolitan districts, invalidating several million dollars of contracts and a personal liability judgment against the developer. The judgment was upheld on appeal, which Mr. Matise argued. Mr. Matise also successfully brought a quo warranto action on behalf of approximately 50 homeowners to replace an illegal Board of Directors of a metropolitan district with residents lawfully appointed by the Elbert County Board of County Commissioners. Mr. Matise was successful in that action despite the refusal of the 18th Judicial District Attorney’s office to bring the action.

Mr. Matise was appointed by the U.S. District Court for the District of Colorado to serve as plaintiffs’ liaison counsel in class action securities litigation related to the Madoff scandal. Mr. Matise also served as plaintiffs’ co-liaison counsel in Qwest securities class action litigation. Mr. Matise has obtained recovery for numerous investors that have been defrauded in ponzi schemes and related securities scandals, including the Sunwest Management securities action and the National Consumer Mortgage ponzi scheme.

Mr. Matise has represented condominium associations and homeowners in protracted litigation against developers and affiliated construction entities, obtaining turnover of common elements and recovery for construction defects. Mr. Matise has also represented candidates for homeowner association boards in successful proxy contests against recalcitrant incumbent boards, ousting the former board members.

Mr. Matise has represented small businesses engaged in virtually all areas of litigation, including defending against preliminary injunctions, challenging anti-compete clauses, both bringing and defending against actions by minority shareholders in “small business divorces,” and representing small businesses in challenging government agency actions.

In 2011, Mr. Matise successfully represented a homeowners’ association in defending against trespass and related easement claims that threatened the HOA’s access and common elements. Mr. Matise tried the case to a jury verdict in favor of his client. Mr. Matise has also represented homeowner associations, metropolitan districts, and commercial clients in negotiating and closing complex real estate and easement transactions.

In the area of mass tort product liability litigation, Mr. Matise has participated in pharmaceutical product liability multidistrict litigation, including briefing key Daubert motions for the Plaintiffs’ Steering Committee in the In re: Gadolinium-Based Contrast Agent Product Liability Litigation, MDL 1909, and briefing several issues in the In re: Yasmin and Yaz litigation, MDL 2100.

Mr. Matise also has represented several plaintiffs in catastrophic personal injury and property damage litigation arising out of gas explosions and oilfield accidents.

Mr. Matise has briefed and argued approximately a dozen appeals before the Tenth Circuit Court of Appeals, the Ninth Circuit Court of Appeals, the Colorado Supreme Court, and the Colorado Court of Appeals.

Mr. Matise has also represented numerous employees in successful Title VII disparate treatment, sexual harassment, ADA, and ADEA employment litigation. In one ADA action, Mr. Matise obtained a settlement with the Nineteenth Judicial District.

Mr. Matise is a volunteer public elected official, serving as a board member, secretary-treasurer and past president of the Tollgate Crossing Metropolitan District No. 2. In 2006, the voters of that district elected Mr. Matise as the first homeowner to serve on the Board of Directors in a contested election, defeating an incumbent director that had been appointed by the developer. Mr. Matise has served on the board since then, overseeing the successful transition from developer control to homeowner control.

Mr. Matise is admitted to practice in the states of Colorado and New Mexico, as well as the Tenth Circuit Court of Appeals, Ninth Circuit Court of Appeals, and United States District Courts for the Districts of Colorado, New Mexico, Eastern District of Wisconsin.

Prior to joining Burg Simpson in 2004, Mr. Matise was involved in commercial trial work, civil rights litigation involving governmental entities, commercial/product defect litigation, and employment law. Mr. Matise served as the judicial law clerk for Hon. John Edwards Conway, Chief District Judge for the District of New Mexico, and United States Magistrate Judge Leslie C. Smith.

National Trial Lawyers Top 100, Civil Plaintiff

Best Lawyers® “Lawyer of the Year 2016,” Mass Tort Litigation/Class Actions – Plaintiffs, Denver

Selected to Best Lawyers® in America, 2013-2021

Selected to Colorado Super Lawyers®, 2013-2017 and 2019-2021

Order of the Coif

Phi Alpha Delta

New Mexico Law Review Editor-in-chief, 1997-1998

Jessup Moot Court Team, 1996-1998

NACDL Mock Trial Team, 1996

New Mexico Court of Appeals Appellate Advocacy Moot Court Champion, 1996

Colorado, 2002

New Mexico, 1998

Montana, 2012

U.S. District Court, District of Nebraska, 2017

U.S. District Court, District of Montana, 2012

U.S. Court of Appeals, 10th Circuit

U.S. Court of Appeals, 9th Circuit

U.S. District Court, District of Colorado

U.S. District Court, District of New Mexico

U.S. District Court, Eastern District of Wisconsin

U.S Court of Federal Claims, 2018

J.D., 1998, University of New Mexico, summa cum laude

B.S., 1980, University of Redlands, CA, magna cum laude

Colorado Trial Lawyers Association

Colorado Bar Association

Arapahoe County Bar Association:
• Board of Directors - 2017 to present
• Chairman of the CLE Committee - 2016 to present

Denver Bar Association

State Bar of New Mexico

Montana State Bar Association

“The Colorado Supreme Court May Have Granted Developers the Right to Perpetually Control Common Interest Communities,” Trial Talk, August/September 2017, co-authored with Mari K. Perczak, Jennifer A. Seidman, Leslie A. Tuft, and Ronald M. Sandgrund

Implied Employment Contracts Based on Written Policy Statement Are Not Subject to Governmental Immunity, New Mexico Law Review, Vol. 27, No. 3

Editorial Board Member, The Corporate Observer

 May 12, 2021

Law Week Colorado Recognizes Burg Simpson’s 34 Super Lawyers!

Every year, in a special edition, Law Week Colorado acknowledges the attorneys who have been recognized by Super Lawyers ®. Published by Circuit Media, Law Week Colorado is the state’s only news outlet specifically for lawyers, law firms, corporate counsel, and the judiciary. See more here The 34 Burg Simpson attorneys recognized by Super Lawyers ® for 2021 include: Colorado Michael S. Burg –… Read more »

 May 12, 2021

Stephen Burg Represents Those Injured in Motorcycle Collisions

Stephen Burg is a shareholder and a trial attorney at the law firm Burg Simpson Eldredge Hersh Jardine, P.C. Mr. Burg leads the firm’s Personal Injury department, and his practice focuses on representing victims of motorcycle collisions, auto crashes, trucking accidents, and other personal injury matters, including wrongful death. If You Have Been Injured in… Read more »

 May 10, 2021

Burg Simpson is Proud to Support Craig Hospital’s 20th Anniversary Celebration!

Burg Simpson shareholder Peter Burg has been honored to serve Craig Hospital for over a decade. He is a former member of both the Craig Hospital Operating Board and Foundation Board having served the maximum six-year terms on both boards. Peter is also a former Board Chair of Craig’s Operating Board, a past Craig Hospital PUSH… Read more »

 May 5, 2021

Burg Simpson Scholarship Winner Has Plans to Become a Lawyer

Ms. Devin Kircher, one of the ten 2021 Burg Simpson scholarship winners, recently reached out to thank Burg Simpson founder Michael Burg and the firm. She said: “I sincerely thank you for selecting me to be a recipient of the Burg Simpson Scholarship award. As an aspiring lawyer, I am honored to have been recognized… Read more »

Denver, CO – Auto Wreck with Injuries on I-70 Blocks Highway

 June 19, 2020

David Hersh: COVID-19 and Loss of Business Income

Shareholder David Hersh Discusses COVID-19 and Loss of Business Income  David P. Hersh is a shareholder and co-practice group leader with  Burg Simpson’s business and commercial litigation department.  “I am David Hersh, Co-leader of the Commercial Litigation Department at Burg Simpson. Business owners across the country have suffered from the loss of business income as… Read more »

David TeSelle Discusses Qui Tam Lawsuits

 June 18, 2020

David TeSelle Discusses Qui Tam Lawsuits

David K. TeSelle is a trial lawyer and co-practice group leader with  Burg Simpson’s business and commercial litigation department.  “Do you have confidential information about a company who is cheating the state or federal government out of money, leaving the American taxpayer holding the bag? If so, there is something you can do about it,… Read more »

 June 16, 2020

Shareholder Jacob Burg Discusses Burg Simpson’s Commitment to Pro Bono Work

Jake Burg is a shareholder and a trial lawyer with  Burg Simpson’s personal injury department. “Since the firm’s inception in 1976, Burg Simpson has been committed to providing pro bono legal services to heroes who have dedicated themselves to serving others in times of great need. As an attorney with Burg Simpson, I was proud to… Read more »

Aurora, CO – Motorcyclist Loses Life in Crash on E Yale Ave near S Truckee St

 June 15, 2020

Injured in a Motorcycle Crash? Call Burg Simpson Now

Injured in a Motorcycle Crash? Call Burg Simpson Now Shareholder Stephen J. Burg is a trial lawyer and the practice group leader of the firm’s personal injury department. If you, or someone you know, has been injured in a motorcycle crash, you need someone to be on your side. Insurance companies make huge profits by… Read more »

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