Meet our Attorneys

David P. Hersh

Shareholder

Mr. David P. Hersh focuses his practice on complex commercial matters involving contract disputes, breach of fiduciary duty, ownership disputes, construction matters, “bet your company” litigation, 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.

David P. Hersh also has the distinction of being one of only fifteen Colorado attorneys who has attained the “Top Ten” status by Colorado Super Lawyers since 2015.

 

Environmental Litigation

Legal Malpractice

Pharmacy Malpractice

Professional Liability & Malpractice

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 – 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

Law Week Colorado’s Barrister’s Best -Best Corporate Law Lawyer, 2018

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

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, 2011-2019
David P. Hersh also has the distinction of being one of only fifteen Colorado attorneys who has attained the "Top Ten" status by Colorado Super Lawyers since 2015.

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

5280 Magazine Top Lawyer, 2016-2019

Order of the Barristers

National Moot Court Competition Recipient, Best Oral Advocate Award

Who’s Who in American Colleges and Universities

Best Lawyers in America, 2013- 2019

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

 June 12, 2019

Burg Simpson to Sponsor the 7th Annual Jeremy Bitner Memorial Run!

Burg Simpson is proud to sponsor the 7th annual Jeremy Bitner Memorial Run. The Jeremy Bitner Foundation was established in honor of Englewood Police Detective Jeremy Bitner after he lost his life in the line of duty in 2012. Burg Simpson shareholder Nick Fogel, the practice group leader of the firm’s workers’ compensation department, helped to develop the… Read more »

Ohio Attorney Kenneth Daly hero image

 May 23, 2019

Kenneth M. Daly Now Licensed to Practice in the State of Kentucky

Kenneth M. Daly Now Licensed to Practice in the State of Kentucky Kentucky Just Got Lucky! Burg Simpson is pleased to announce that Kenneth Daly, an attorney in the firm with an established practice in Ohio, recently passed the Kentucky bar. Kenneth is excited about the opportunity to expand his practice to include the citizens of… Read more »

Ohio Attorney Melanie S. Bailey hero image

 May 22, 2019

Melanie S. Bailey Published in Cincinnati Bar Association Report

Melanie S. Bailey Published in Cincinnati Bar Association Report Melaine S. Bailey authored an article published in the CBA Report regarding the ability of consumers to hold drug manufacturers liable for failure to warn of adverse reactions to prescription medications. In the article, Brand Name Drug or Generic Drug: Generic may foil your client’s failure to warn… Read more »

Swearing In Ceremony

 May 15, 2019

Burg Simpson Congratulates Ms. Jessica Powell, Esq.

Burg Simpson Congratulates Ms. Jessica Powell, Esq. Congratulations to Jessica Powell on her admission to the practice of law in the State of Ohio! Ms. Jessica Powell, an associate at Burg Simpson in Cincinnati, OH, was sworn in at the Admissions Ceremony on May 13, 2019. Pictured is Ms. Jessica Powell at the Admissions Ceremony. Jessica… Read more »

The 2019 Burg Simpson Scholarship Awards Dinner

 May 7, 2019

The 2019 Burg Simpson Scholarship Awards Dinner

The 2019 Burg Simpson Scholarship Awards Dinner was held at Maggiano’s on April 25th to recognize the ten winners of the firm’s annual scholarship competition. The firm’s founder Michael Burg, and shareholders Peter Burg and Stephan Marsh presented awards to the 2019 winners! This year’s recipients included Ms. Madison Frotten, Mr. Dale Kim, Ms. McKenna… Read more »

Burg Simpson | Workers’ Compensation

 April 17, 2019

Burg Simpson | Workers’ Compensation

Shareholder Nick Fogel is the practice group leader of the Workers’ Compensation division at Burg Simpson. Workers’ Compensation is a form of insurance that protects employees when they are injured on the job or in the line of duty. Workers’ compensation provides both wage replacement and medical benefits. Filing a workers’ compensation claim can be… Read more »

Burg Simpson | We Are Here To Help

 April 5, 2019

Burg Simpson | We Are Here To Help

Burg Simpson is a law firm committed to helping injured people rebuild their lives after a serious accident or injury. Our trial lawyers have handled nearly every kind of injury or wrongful death case. The team at Burg Simpson has the resources, nationwide reputation, or proven track record of success when it comes to helping… Read more »

Becoming Whole Again

 April 4, 2019

Becoming Whole Again

If you or a loved one has suffered a loss due to an injury or death because of the negligence of another, you are entitled to receive full and fair compensation for your pain and suffering. Burg Simpson’s office in Arizona can help you navigate your personal injury claim. Burg Simpson attorney, Scott A. Ambrose… Read more »

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