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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 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 Sues Feds over Floodwater Release

 October 17, 2017

Burg Simpson Sues Feds over Floodwater Release

Late one night in September 2013, after days of constant rainfall, the U.S. Bureau of Reclamation opened the floodgates of Olympus Dam in Larimer County, Colorado. More than 5,000 cubic feet of water per second rushed down the Big Thompson River, destroying several homes along the way. Overall, the flooding that year killed 10 people… Read more »

Michael S. Burg’s Hall of Fame Portrait Unveiled

 October 12, 2017

Michael S. Burg’s Hall of Fame Portrait Unveiled

Temple University unveiled Burg Simpson founder Michael S. Burg’s portrait in its Trial Lawyer Hall of Fame earlier this month. Michael attended the ceremony, where he expressed his concern for the future of the profession. “The framers of the Constitution and the Declaration of Independence understood the importance of the jury trial and how important… Read more »

Alan K. Simpson Supports Return to Civil Discourse

 September 28, 2017

Alan K. Simpson Supports Return to Civil Discourse

Over the last several years, the tone of American politics has become increasingly unpleasant, to put it mildly. It’s something Burg Simpson co-founder Alan K. Simpson wants to see change. One thing Simpson would like to see is lawmakers spending more time listening to their constituents. It’s something he made a priority during his own… Read more »

Michael S. Burg Discusses Equifax CEO’s Sudden Retirement

 September 27, 2017

Michael S. Burg Discusses Equifax CEO’s Sudden Retirement

Burg Simpson founding shareholder Michael S. Burg spoke with Reuters this week about the abrupt retirement of Equifax CEO Richard Smith following the credit reporting agency’s massive data breach. “They didn’t do anything to protect the consumers and their information,” Burg told the news service, “Then they attempted to keep people from being able to… Read more »

Youth Sports Pose High Concussion Risks – Denver Injury Attorney– Burg Simpson

 October 19, 2017

Youth Sports Pose Higher Concussion Risk

Every year, the start of the NFL season reboots the conversation about the sport’s health risks, especially when it comes to concussions. In 2009, the NFL addressed increased concerns over player safety by instituting the “NFL Game Day Concussion Protocol,” which employs multiple independent consultants and requires the immediate removal of players suspected of suffering… Read more »

Surgery Errors– Colorado Medical Lawsuit Attorneys – Burg Simpson

 October 16, 2017

Surgical Errors Are More Common Than You Think

It is hard to believe that only heart disease and cancer kill more people in this country than medical mistakes. But it is true. Medical errors kill roughly 250,000 Americans annually. Despite that, only 28 states require hospitals to report these fatal errors, making it especially difficult to track these tragedies. The cost of surgical… Read more »

Temporary versus Permanent Disability – Workers Comp Lawyers in Denver – Burg Simpson

 October 10, 2017

What’s the Difference between Temporary and Permanent Disability?

What most employees don’t realize after they’ve been hurt on the job is that they’re entitled to more than medical benefits. If you’ve been injured at work – and have missed three shifts or three calendar days of work – you’re also entitled to compensation for a portion of the wages you’ve lost because of… Read more »

Minority Shareholders Have Rights – Colorado Corporate Litigation Attorneys - Burg Simpson

 October 4, 2017

Minority Shareholders Have Rights, Too

By definition, minority shareholders don’t have much say in how a company is run. They’re a lot like Delaware in a presidential election. But the law does afford them protections to prevent their rights from being trampled, while also granting remedies in case those rights have been violated. Minority shareholder rights are violated when the… 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?

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