Meet our Attorneys

David P. Hersh

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Mr. David P. Hersh, the co-practice group leader of the business and commercial litigation department of Burg Simpson, focuses his practice on complex commercial matters involving contract disputes, breach of fiduciary duty, ownership disputes, construction matters, “bet your company” litigation, COVID-19 Business Interruption Claims, and professional negligence. Admitted to practice before the United States, Colorado, and Wyoming Supreme Courts, as well as numerous Federal Courts, Mr. Hersh has tried well over 145 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 has handled a number of “toxic torts”, including being appointed class counsel for more than 65,000 residents of Colorado Springs to redress contaminated groundwater.

A skilled and experienced trial lawyer, Mr. Hersh excels in the courtroom, expertly handling all aspects of litigation through his creative problem solving, persuasive communication, and outstanding analytical skills. 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.

In 2015, David P. Hersh attained the “Top Ten” status by Colorado Super Lawyers. He is one of only fifteen Colorado attorneys who has received this distinction.

 

AV Preeminent® Rating, Martindale-Hubbell

Best Lawyers in America, 2013- 2020

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

Best Lawyers®, Plaintiffs, Legal Malpractice Law, 2013 – 2019

Best Lawyers®, Plaintiffs, Professional Malpractice Law, 2013 – 2019

Best Lawyers®, Plaintiffs, Personal Injury Litigation, 2016-2019

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

Barrister’s Best People’s Choice Award, Law Week Colorado, Best Corporate Law Lawyer, 2018-2019

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

Senior Fellow, Litigation Counsel of America

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, 2009 - 2020

Top 25 Brain Injury Trial Lawyers, The National Trial Lawyers

Top 10 Insurance Bad Faith Trial Lawyers, The National Trial Lawyers

Top 10 Business Tort Trial Lawyers, The National Trial Lawyers

Selected to Colorado Super Lawyers®, 2006-2008, 2011-2020,
Top 100 Super Lawyers®: 2010, 2012-2018, 2020
In 2015, David P. Hersh attained the "Top Ten" status by Colorado Super Lawyers. He is one of only fifteen Colorado attorneys who has received this distinction.

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

5280 Magazine Top Lawyer, 2016-2020

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)

Member, Colorado Bar Association Ethics Committee

President, Arapahoe County Bar Association (ACBA)

Colorado Bar Foundation Fellow

Roster of Neutrals, American Arbitration Association

Fellow, Litigation Counsel of America

Former 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), 2014-2019

Wyoming Trial Lawyers Association

American Association for Justice (AAJ)

Member, Trial Law Institute (TLI)

Member, Colorado Supreme Court Task Force for Lawyer Well-Being

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 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

Ohio June 2020 E-News

 June 3, 2020

Ohio June 2020 E-News

Dangerous Drugs & Medical Devices, Personal Injury, Product Liability, Consumer Litigation, Mass Tort & Class Action, Business & Commercial Litigation, Employment Law, Sexual Abuse, Assault, and Harassment. June 2020 E-News GOOD LAWYERS We Have Moved Into Our New Offices! Burg Simpson’s Ohio office is now located in the PNC Center. 201 East 5th Street, Suite… Read more »

 May 29, 2020

Michael Burg Interviewed About the Body Parts Case

Michael Burg Interviewed by the Colorado Lawyer About the “Body Parts Case.” In November of 2019, trial lawyer Michael Burg, with shareholders David TeSelle, Holly Kammerer, and Paul Friedman, secured a $58.5 million verdict in punitive and compensatory damages for families who had donated bodies of their deceased loved ones to the Biological Resource Center…. Read more »

 May 21, 2020

Angela E. McGraw Featured by Women Trial Lawyers Network

In May of 2020, Burg Simpson shareholder and trial lawyer Angela McGraw was featured by the Women Trial Lawyers Network. The Women Trial Lawyers Network promotes the participation of women in the Colorado Trial Lawyers Association (CTLA), and aids in the advancement of women members into leadership positions. Additionally, the organization supplements the knowledge and experience of women by providing networking and educational… Read more »

 May 11, 2020

Burg Simpson Supports the Jeremy Bitner Fallen Officer Fund

ENGLEWOOD, CO – MAY 11, 2020 – The annual Jeremy Bitner Memorial Run is held in honor of Englewood Police Detective Jeremy Bitner. Detective Bitner lost his life in the line of duty on May 28, 2012, after being struck and killed by a drunk driver while performing a routine traffic stop. Jeremy served the… Read more »

david-hersh-case-settlement

 December 9, 2019

Settling Commercial Litigation Cases

An out-of-court settlement is a legally-binding agreement between the parties to a lawsuit that effectively puts an end to the legal matter. A settlement resolves all disputes inherent in the lawsuit, and results in dismissal of the claims filed in court.  Sometimes a settlement will contain a requirement that other court orders be entered effectuating… Read more »

Holding Pharmaceutical Companies Responsible – Mass Tort | Dangerous Drugs & Medical Devices

 November 12, 2019

Holding Pharmaceutical Companies Responsible – Mass Tort | Dangerous Drugs & Medical Devices

Burg Simpson’s Colorado mass tort attorneys have represented thousands of people who have suffered serious side effects after taking dangerous medications or those who have been hurt by a defective product.  If you have suffered injuries related to a defective drug or medical device, contact the Burg Simpson mass tort team at 303-790-2525.

bike-crash-safety

 November 8, 2019

Bike Crash Safety Video – Burg Simpson Personal Injury

The personal injury attorneys at Burg Simpson help fellow bicycle enthusiasts understand how to protect their rights after a bike crash and stay safe on the roads. If you have been hurt in a bike crash and need help, reach out to us today by calling our office or filling out our online free case… Read more »

7th Annual Jeremy Bitner Memorial Run for the Fallen Officers Fund

 July 1, 2019

7th Annual Jeremy Bitner Memorial Run for the Fallen Officers Fund

The Jeremy Bitner Foundation was established in honor of Englewood Police Detective Jeremy Bitner. Detective Bitner lost his life in the line of duty on May 28, 2012, after being struck and killed by a vehicle while performing a traffic stop. Jeremy served the Englewood Police Department for 8 years and during that time was assigned… Read more »

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