Meet our Attorneys

David P. Hersh

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David P. Hersh Lawyer of the Year 2016 David Hersh - Best Lawyers 2018 Martindale Hubbell AV Professional Excellence Super Lawyers David Hersh David Hersh-5280 Top Lawyer 2016 superlawyers-david-p-hersh Fellow LCA American Board of Trial Advocates

Mr. David P. Hersh focuses his practice on complex commercial matters involving contract disputes, breach of fiduciary duty, ownership disputes, construction matters, and “bet your company” litigation. Admitted to practice before both the Colorado and Wyoming Supreme Courts, as well as numerous Federal Courts, Mr. Hersh has tried well over 135 civil jury trials to verdict throughout the United States. In addition, he has served as lead counsel in a substantial number of complex commercial litigation cases as well as a number of catastrophic personal injury cases, including cases involving claims for brain injury, paraplegia/quadriplegia, severe burns and disfigurement, and limb loss.

Mr. Hersh excels in complex litigation through his creative problem solving skills in the courtroom. He believes that the benchmark of his success comes from his passion for the law and steadfast mission to be the best advocate possible for his clients.

Counselor/Therapist Malpractice

Environmental Litigation

Legal Malpractice

Pharmacy Malpractice

Professional Liability

Psychiatric Malpractice

Psychological Malpractice

Psychotherapy Law

Toxic Torts

AV Preeminent® Rating, Martindale-Hubbell

Best Lawyers® “Lawyer of the Year," Legal Malpractice Law – Plaintiffs, Denver, 2014 and 2016

Best Lawyers®, Plaintiffs, Legal Malpractice Law, 2013 – 2018

Best Lawyers®, Plaintiffs, Professional Malpractice Law, 2013 – 2018

Best Lawyers®, Plaintiffs, Personal Injury Litigation, 2016-2018

Named to the “2015 Colorado Super Lawyers® Top 10” list

Law Week Colorado's Barrister's Best - People's Choice Award: Best Commercial Litigator, 2015

Litigation Star, Benchmark Litigation, United States – Plaintiff, Mass Tort/Product Liability, 2013

Local Litigation Star, Benchmark Litigation, Colorado – Plaintiffs, 2013

U.S. Legal 500, 2012 and 2013

Top 100 Attorney, The National Trial Lawyers

Selected to Colorado Super Lawyers®, 2006-2008, 2011-2017

Selected to Colorado Super Lawyers®, 2011-2015, (Business Litigation, Top 100)

5280 Magazine Top Lawyer, 2016-2017

Order of the Barristers

National Moot Court Competition Recipient, Best Oral Advocate Award

Who’s Who in American Colleges and Universities

U.S. Supreme Court

Colorado Supreme Court

Wyoming Supreme Court

U.S. Court of Appeals, 5th Circuit

U.S. Court of Appeals, 8th Circuit

U.S. Court of Appeals, 10th Circuit

U.S. District Court, District of Colorado

U.S. District Court, District of Wyoming

Shoshone and Arapaho Tribal Court

J.D., 1983, Wake Forest University School of Law

B.S., 1981, Bob Jones University, Accounting and Public Speaking

Chair, Committee On Conduct (COC)

Member, American Board of Trial Advocates (ABOTA)

Board of Directors, CLE Colorado (Representative of the Colorado Bar Association)

Vice Chair, Committee on Conduct, U.S. District Court for the District of Colorado

President, Arapahoe County Bar Association (ACBA)

Colorado Bar Foundation Fellow

Roster of Neutrals, American Arbitration Association

Fellow, Litigation Counsel of America

Board of Governors, Colorado Bar Association

Colorado Bar Association (Litigation, Products Liability and Tort Law Sections)

Colorado Bar Association Nominating Committee

Member, Diversity Law Institute (DLI)

Wyoming Bar Association

Federal Bar Association

Faculty of Federal Advocates (FFA)

University of Wyoming College of Law Advisory Board

Faculty, University of Wyoming Law School Summer Trial Institute

University of Wyoming President's Society

The National Trial Lawyers (NTL)

Executive Board Member, Business Torts Trial Lawyers Association

Colorado Trial Lawyers Association (CTLA)

Member, American Society of Legal Advocates (ASLA)

Wyoming Trial Lawyers Association

American Association for Justice (AAJ)

Member, Trial Law Institute (TLI)

American Bar Association

Board of Directors, Arapahoe County Bar Association

Chair, Membership Committee, Arapahoe County Bar Association

Actively involved in the community through pro bono work and various non-profit organizations, including service on their boards

Committee Member, Craig Hospital PUSH for a Cure Committee

Active in the Brain Injury Alliance of Colorado

Active supporter of "Jam the Damz" and "Pedal 4 Possible," integrated cycling tours through the Denver Metro area that help raise funds for Craig Hospital, U.S. Handcycling, and Adaptive Adventures

Faculty Member, University of Wyoming College of Law Summer Trial Advocacy Institute

Advisory Board Member, University of Wyoming College of Law

Trial practice lecturer, University of Wyoming College of Law

Instructor in trial tactics for the American Bar Association-sponsored National Institute of Trial Advocacy (NITA) School

Featured speaker at numerous educational events, including the 2015 Trial Lawyers College for the Colorado Trial Lawyers Association

Former Member of the Board of Trustees, Legal Aid Foundation of Colorado

Former Member of the Board of Directors, Colorado Judicial Institute (CJI)

Fellow Emeritus of the Arapahoe County Bar Foundation

Served on the Judicial Facilities Review Commission, Arapahoe County Bar Association

"Never Give Up! Top Ten Lessons from Our Eight-Year Battle in the CDO Litigation About the Collapse of the U.S. Economy" - Colorado Trial Lawyers Association Conference, Steamboat Springs, August 4, 2016

“Legal Issues, Timely Decision Making, and Available Options for Survivors of Traumatic Brain Injury” – Brain Injury Alliance of Colorado 31st Annual Conference, Denver, October 16, 2014

“Legal Issues for Brain Injury Survivors” – Brain Injury Alliance of Colorado Regional Conference, Pueblo, April 25, 2013

“Legal Issues for Brain Injury Survivors” – Brain Injury Association of Colorado, Pueblo Regional Conference, April 25, 2013

Faculty, University of Wyoming Law School Summer Trial Institute

Instructor in trial tactics for the American Bar Association-sponsored National Institute of Trial Advocacy (NITA) School

Trial practice lecturer, University of Wyoming College of Law

Trial practice lecturer, the University of Denver Sturm College of Law

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?

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