Meet our Attorneys

Brian K. Matise

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Brian K. Matise Lawyer of the Year 2016 Brian Matise - Super Lawyers

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 also 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.

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

Selected to Best Lawyers® in America, 2013 - 2019

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

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 Bar Association

Arapahoe County Bar Association

Denver Bar Association

State Bar of New Mexico

Montana State Bar Association

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

More Legislation Needed to Regulate the Body Broker Industry

 October 17, 2018

More Legislation Needed to Regulate the Body Broker Industry

Michael S. Burg, the founder and a shareholder of Burg Simpson Eldredge Hersh & Jardine, was interviewed by Noel Brennan from 9 News on October 16th. Kyle Clark Next reached out to Mr. Burg regarding his op-ed about body brokers that appeared in Westword on August 30, 2018. Burg explained that body brokers differ from… Read more »

The Merrimack Valley Gas Explosion – Victims Represented by BurgSimpson

 October 15, 2018

The Merrimack Valley Gas Explosion – Victims Represented by BurgSimpson

The Law Firm of Burg Simpson Eldredge Hersh & Jardine to address those affected by the Merrimack Valley Gas Explosions Burg Simpson is a nationally recognized trial firm with extensive experience handling lawsuits involving gas explosions.  They have received multi-million dollar verdicts in gas explosion cases, and are currently working to assist those harmed by… Read more »

Mass Torts Made Perfect – 2018

 October 9, 2018

Mass Torts Made Perfect – 2018

Burg Simpson’s mass tort team recently attended the Mass Torts Made Perfect bi-annual conference held on Oct 3rd through the 5th in Las Vegas. The conferences are designed for individuals working in the area of plaintiff mass torts and personal injury litigation, as well as securities and toxic torts. The conferences are the largest plaintiff mass… Read more »

Barrister’s Best

 October 8, 2018

Barrister’s Best

The attorneys and professional staff at Burg Simpson Eldredge Hersh & Jardine congratulate Michael S. Burg and David P. Hersh for receiving Law Week Colorado’s Barrister’s Best Awards for 2019! Michael Burg, the firm’s founder, was selected as Barrister’s Best by People’s Choice for Best Class Action/Mass Tort Lawyer, Plaintiffs. David P. Hersh, a shareholder… Read more »

 October 17, 2018

More Legislation Needed To Regulate the Body Broker Industry

Michael S. Burg, the founder and a shareholder of Burg Simpson Eldredge Hersh & Jardine, was interviewed by Noel Brennan from 9 News on October 16th. Kyle Clark Next reached out to Mr. Burg regarding his op-ed about body brokers that appeared in Westword on August 30, 2018. Burg explained that body brokers differ from… Read more »

 October 16, 2018

Your Personal Injury Case

Burg Simpson Represents Personal Injury Plaintiffs If you have been injured due to the carelessness of another party, you could be entitled to compensation for the pain, suffering, and loss that were the result of your experience. The Denver personal injury lawyers at Burg Simpson have been successfully advocating for personal injury victims for more than 4… Read more »

 October 12, 2018

Preliminary Report Released for Boston Explosion

The preliminary report released by the National Transportation Safety Board on Thursday stated that over-pressurized natural gas lines were the source of the explosions and fires that devastated neighborhoods north of Boston on September 13th. The report indicated that utility workers contracted by Columbia Gas had failed to account for critical pressure sensors as they… Read more »

 October 10, 2018

The Denver Business Journals’ 40 Under 40 Awards

Burg Simpson is pleased to announce that Stephen Burg and Nick Fogel have been nominated for this award! The Denver Business Journal’s 40 Under 40 Awards celebrate the up-and-comers and people that the Denver community should know. The nominees are the future executives and influencers to watch in the Denver business community and beyond. No… 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.

Ring of Fire: The Unseen Economic Crisis

 February 29, 2016

Ring of Fire: The Unseen Economic Crisis

Ring of Fire host Farron Cousins talks with Michael Burg about taxes and the government’s resistance to upgrade America’s infrastructure.

Top 100 National Trial Lawyers Legal 500 Best Lawyers in America Super Lawyers US News 2014 Top 25 Most Influential Lawyers