Meet our Attorneys

Brian K. Matise

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Brian Matise - Best Lawyers 2018 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 - 2018

Selected to Colorado Super Lawyers®, 2013-2016

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

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

Burg Simpson Shareholder Mari K. Perczak Set to Speak at Construction Law Event

 April 19, 2018

Burg Simpson Shareholder Mari K. Perczak Set to Speak at Construction Law Event

Burg Simpson Shareholder Mari K. Perczak will be a featured panelist at a one-day Construction Law conference on April 30 at the Embassy Suites Denver. View the Construction Law event brochure here for information and scheduling. The continuing education event, sponsored by CLE International, is targeted at a variety of construction professionals, including attorneys, owners, contractors,… Read more »

Burg Simpson Beats Big Banks Again

 April 17, 2018

Burg Simpson Beats Big Banks Again

National trial firm Burg Simpson, known for its role in holding big banks accountable for their bad acts in the mortgage-backed securities and collateralized debt obligation collapse of 2007-2008 where $7 trillion in worldwide wealth was lost, has prevailed against a big bank yet again. This time it was against UBS, in a FINRA securities… Read more »

Martindale-Hubbell Honors Nick D. Fogel

 April 16, 2018

Martindale-Hubbell Honors Nick D. Fogel

Industry awards are nice, but few mean as much as accolades from your own peers. That’s what shareholder Nick D. Fogel earned as he became the latest Burg Simpson attorney to receive a Martindale-Hubbell AV Preeminent Peer Review Rating, “awarded to only those lawyers with the highest ethical standards and professional ability.” Only about 10… Read more »

Michael S. Burg Blasts Trump Administration Handling of CFPB

 April 12, 2018

Michael S. Burg Blasts Trump Administration Handling of CFPB

The Trump Administration has taken aim at one of the few remaining protections for American consumers: the Consumer Financial Protection Bureau. Burg Simpson founding shareholder Michael S. Burg says consumers should be very concerned. “I think what they’ve done is strip away the original intent,” of the bureau as a watchdog, Michael told “Morning Briefing”… Read more »

Spinal Cord Injury– Denver Injury Attorney Denver Burg Simpson

 April 11, 2018

Surviving the First 90 Days After A Spinal Cord Injury

Every year in the United States, more than 17,000 people suffer spinal cord injuries, based on the latest data from the National Spinal Cord Injury Statistical Center. It’s estimated that there are nearly 300,000 Americans living with a spinal cord injury today. That’s a big reason why Burg Simpson takes these life-altering injuries so seriously…. Read more »

Craig Hospital and Brain Injury– Brain Injury Lawyer Denver – Denver Burg Simpson

 April 4, 2018

Burg Simpson Helps Craig Hospital Treat Brain Injuries

For better or worse, brain injuries have been in the news more frequently in recent years.  In 2009, the tragic death of actress Natasha Richardson brought attention to the perils of an epidural hematoma.  Ms. Richardson fell while taking a skiing lesson, appeared initially unhurt, but later developed a headache and was diagnosed with an… Read more »

Colorado Drivers Are Worse Than Average – Personal Injury Attorney Denver– Colorado Burg Simpson

 March 27, 2018

Colorado Drivers Are Worse Than Average

Observant commuters might have noticed a few different messages on the state’s electronic interstate signs mentioning the most recent amount of traffic deaths for the year. It’s the latest in the Colorado Department of Transportation’s two-year-old strategy to post regular death tallies on the signs as a way of increasing driver awareness. The most recent… Read more »

Stucco Installation Invites Mold- Colorado Construction Defect Law Firm - Burg Simpson

 March 21, 2018

Poor Stucco Installation is an Invitation for Mold

One of the single most critical aspects of any new home is what’s referred to as the building envelope or building enclosure. This is the part of any building that physically separates the exterior environment from the interior.  Think of it as the “skin” of a building. The construction defect attorneys at Burg Simpson recently… 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.

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