Meet our Attorneys

David P. Hersh

Shareholder

Super Lawyers 2019American Board of Trial AdvocatesBarrister's Best 2018 Award

Dave Hersh is a civil trial lawyer with the skill, passion, and experience to win your case.  When your business or health is on the line, Dave is the advocate you want in your corner, fighting for you.  For more than 35 years Dave has focused his practice on civil trial work.  Dave thrives on handling complex civil cases, presenting them simply, effectively, and persuasively to a jury.    Dave has tried well over 145 civil jury trials to verdict and has “tried” scores of civil arbitrations and bench trials to their conclusion, with an outstanding “win” record in all venues.  Dave has dedicated his life to advocating for others in their time of need.

Dave is the practice group leader of the business and commercial litigation department of Burg Simpson.  He 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, Dave has tried 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. Dave 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, Dave 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.    

“If you can’t explain it simply, you don’t understand it well enough.” 

Albert Einstein

AV Preeminent® Rating, Martindale-Hubbell

Selected to Best Lawyers in America®, 2013-2021

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

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

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

America’s Top 10 High Stakes Litigators® 2019

AVVO®, Highest Distinction of Superb 10.0 Attorney Rating

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, 2011-2021

Top 100 Super Lawyers®: 2010, 2012-2018, 2020-2021

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, 2016-2021

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 (former)

Active in the Brain Injury Alliance of Colorado (including presentations)

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

Dean's Advisory Board Member, University of Wyoming College of Law

Trial practice lecturer, University of Wyoming College of Law

Guest 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 Colorado Trial Lawyers Association Trial Lawyers College

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

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

Fellow Emeritus of the Arapahoe County Bar Foundation

Fellow Emeritus of the Colorado Bar Association foundation

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

“Federal Tort Case Results in Millions” – Interview with Law Week Colorado following $7.3 million verdict, June 3, 2014

"Professionalism and Expert Witnesses — Best Practices for Keeping You and Your Expert on the Right Side of the Ethical Line, While Still Advancing Your Client’s Very Best Case", Colorado Litigators' Summit, September 25, 2020

"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

 January 22, 2021

Former Senator Alan K. Simpson Speaks About the Importance of Societal Change

The Honorable Alan K. Simpson served three terms in the U.S. Senate and 12 years in the Wyoming House of Representatives. During the time he attended our nation, Mr. Simpson made deep friendships with colleagues on both sides of the political aisle, including the late Sens. Ted Kennedy and President Joe Biden, with whom he… Read more »

 January 21, 2021

This is Your Chance to Win the Burg Simpson Scholarship Competition!

THE DEADLINE FOR BURG SIMPSON’S COLORADO SCHOLARSHIP COMPETITION IS FEBRUARY 1st THE TOP SCHOLARSHIP for 2021 is $2,500 HIGH SCHOOL SENIORS: SUBMIT AN ESSAY ABOUT “THE JURY SYSTEM AS PROTECTOR OF RIGHTS” NOW! BACKGROUND All of us at Burg Simpson recognize the importance of access to a good education, so in 2012, we launched the Burg… Read more »

 January 20, 2021

Arizona Office E-News: January 2021

JANUARY 2021 ARIZONA E-NEWS GOOD LAWYERS Burg Simpson Features: Our Construction Defect Department Our Award -Winning Construction Defect Department is Led by Shareholders Mari Perczak and Craig Nuss Mari Perczak Craig Nuss Burg Simpson’s Construction Defect Department is led by shareholders Craig Nuss and Mari Perczak, who have established reputations in the legal industry. These… Read more »

 January 19, 2021

Burg Simpson Shareholder Angela McGraw Discusses Missed Diagnosis of Birth Defects

Burg Simpson Shareholder Angela McGraw recently published an article with Law Week Colorado on “Presenting Case of Delayed or Missed Diagnosis of Spinal Bifida and Other Serious Birth Defects.” In her article, Ms. McGraw discusses risk factors associated with spina bifida, the failures to diagnose, and when to file a lawsuit. Read the article. About… Read more »

Denver, CO – Auto Wreck with Injuries on I-70 Blocks Highway

 June 19, 2020

David Hersh: COVID-19 and Loss of Business Income

Shareholder David Hersh Discusses COVID-19 and Loss of Business Income  David P. Hersh is a shareholder and co-practice group leader with  Burg Simpson’s business and commercial litigation department.  “I am David Hersh, Co-leader of the Commercial Litigation Department at Burg Simpson. Business owners across the country have suffered from the loss of business income as… Read more »

David TeSelle Discusses Qui Tam Lawsuits

 June 18, 2020

David TeSelle Discusses Qui Tam Lawsuits

David K. TeSelle is a trial lawyer and co-practice group leader with  Burg Simpson’s business and commercial litigation department.  “Do you have confidential information about a company who is cheating the state or federal government out of money, leaving the American taxpayer holding the bag? If so, there is something you can do about it,… Read more »

 June 16, 2020

Shareholder Jacob Burg Discusses Burg Simpson’s Commitment to Pro Bono Work

Jake Burg is a shareholder and a trial lawyer with  Burg Simpson’s personal injury department. “Since the firm’s inception in 1976, Burg Simpson has been committed to providing pro bono legal services to heroes who have dedicated themselves to serving others in times of great need. As an attorney with Burg Simpson, I was proud to… Read more »

Colorado Springs, CO – Man Injured in Auto Accident on Delta Dr

 June 15, 2020

Injured in a Motorcycle Crash? Call Burg Simpson Now

Injured in a Motorcycle Crash? Call Burg Simpson Now Shareholder Stephen J. Burg is a trial lawyer and the practice group leader of the firm’s personal injury department. If you, or someone you know, has been injured in a motorcycle crash, you need someone to be on your side. Insurance companies make huge profits by… Read more »

Top 100 National Trial Lawyers Legal 500 Best Lawyers in America Super Lawyers US News 2020 Top 25 Most Influential Lawyers