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

Tom W. Henderson Breaks Down Insurance Policy Details

 January 18, 2018

Tom W. Henderson Breaks Down Insurance Policy Details

The latest component in Burg Simpson’s ongoing professional education initiative is set for next week. Shareholder Tom W. Henderson will conduct a 90-minute web seminar, “Advising Your Business Clients on Insurance Policies,” at 9 a.m. MST on Jan 18. Designed for Colorado corporate litigation attorneys, this CE course will cover: Defining Ambiguous Terms. Understanding the… Read more »

Burg Simpson Announces its New Website Launch

 January 17, 2018

Burg Simpson Announces its New Website Launch

Burg Simpson is proud to announce the launch of a more comprehensive website that incorporates the firm’s office locations into a single site. The new Burg Simpson website, which has since focused on Colorado’s practice areas, now encompasses information for its Arizona, Ohio, and Wyoming offices all in one place, along with their practice areas,… Read more »

Mandatory Arbitration Agreements Could Be Here To Stay

 January 11, 2018

Mandatory Arbitration Agreements Could Be Here To Stay

Burg Simpson co-founder Michael S. Burg recently sat down with Law Week Colorado to discuss mandatory arbitration agreements, and what impact the #MeToo movement might have on that in the coming year. Several factors came together in 2017 to breathe new life into these controversial agreements, but experts debate whether an uptick in sexual harassment claims… Read more »

Burg Simpson Shareholders Speak at 2018 Brain Injury Summit

 January 9, 2018

Burg Simpson Shareholders Speak at 2018 Brain Injury Summit

Burg Simpson has long been a champion of traumatic brain injury victims. That commitment was on full display this week as shareholders Peter W. Burg and David P. Hersh presented at the 2018 Brain Injury Summit in Vail, Colorado. The Burg Simpson Colorado personal injury attorneys moderated, “Pearls of TBI Neuro-Litigation,” an interactive workshop, earlier… Read more »

Protect Uninsured Workers – Colorado Workers Compensation Attorneys – Burg Simpson

 January 10, 2018

Colorado Fights to Protect Uninsured Workers

The state of Colorado requires all employers with even a single employee to carry workers’ compensation insurance. It doesn’t matter if those employees are part time or full time. In fact, anyone who receives pay for services in Colorado is considered an employee, as far as workers’ compensation insurance is concerned. There are exceptions, of… Read more »

Business Dispute Options – Colorado Corporate Litigation Attorney - Burg Simpson

 January 2, 2018

What Are Your Business Dispute Options?

Business owners operate under the cloud of potential litigation nearly every day. Whether it’s a multinational corporation, a family-owned business, or a small sole proprietorship that’s just opened up its doors, business owners and leaders often face legal issues that can take time and money away from their day-to-day operations. Business and commercial law isn’t… Read more »

Plastic Surgeons Can Do Permanent Harm – Denver Medical Malpractice Lawyers– Burg Simpson

 December 27, 2017

Plastic Surgeons Can Do Permanent Harm

It might surprise – or even startle – you to find out that Colorado does not require plastic surgery centers to be licensed or even inspected by the state. These medical providers are exempt from regulations that govern other ambulatory surgery centers because providing surgical services isn’t their primary function. The state actually lets these… Read more »

Colorado Law Protects from Unfair Competition – Colorado Corporate Litigation Attorney - Burg Simpson

 December 19, 2017

Colorado Law Protects Companies from Unfair Competition

Back in June, tech giant Amazon shocked the business world when it revealed plans to acquire natural grocer Whole Foods. For the most part, the nearly $14 billion deal elicited either cheers or tears. While most people hailed the move, hoping the Web retailer would cut prices at the high-end organic food chain, others decried… 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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