Firm-Wide blog

Settling Commercial Litigation Cases

By Burg Simpson
December 9, 2019
4 min read

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 the intent of the parties.

Most lawsuits are settled by mutual agreement between the parties before the trial begins, There are many reasons why lawsuits are settled outside of the courtroom, but the primary reasons why so few proceed to trial are:

  1. The process of taking your case to trial can be lengthy, difficult, and expensive.
  2. There is an inherent element of uncertainty in every trial.
  3. Settlement provides the parties with “control” over the outcome of their case.
  4. A compromise is often superior to the risk of an adverse outcome.
  5. Agreeing to a settlement will end the conflict.
  6. The terms and conditions of a settlement may be kept private, with only the fact of settlement being placed into the public domain.


About Burg Simpson

Business and corporate litigation issues can be highly complex, expensive, and time-consuming. Burg Simpson’s commercial litigation attorneys offer a free consultation to discuss your legal matter. Burg Simpson will work with you to find the most effective resolution to your business or commercial legal matter.  Call Burg Simpson at (720) 500-5825 or fill out our FREE CASE EVALUATION form to obtain the expertise only a highly-skilled business litigation lawyer can provide.

Business and Commercial Litigation


Practice Group Leaders: David P. Hersh & David K. TeSelle


At Burg Simpson, Mr. David P. Hersh and Mr. David K. TeSelle are Preferred Shareholders and Co-Leaders of Burg Simpson’s Complex Commercial Trial Team.  Their team includes over a dozen of the best trial lawyers in the country.


David P. Hersh – Shareholder & Co Practice Group Leader for Commercial Litigation

David P. Hersh - Burg Simpson

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.

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 K. TeSelle – Shareholder & Co Practice Group Leader for Commercial Litigation

David K. TeSelle, shareholder and co-practice group leader commercial litigation

Trial Lawyer David K. TeSelle is a Colorado and Arizona licensed attorney who has successfully tried numerous cases to jury verdicts in both state and federal court, as well as private arbitration.  Mr. TeSelle was a lead counsel in 2019 on one of the largest personal injury jury verdicts in Arizona history ($58.5 million). He has also successfully battled the largest banks in the world including in litigation related to the 2008 economic collapse (the so-called “Big Short” cases) and regularly represents numerous plaintiffs in large class action and mass tort actions against corporate bad actors, large and small. Mr. TeSelle has represented both plaintiffs and defendants, and his focus is on complex trial litigation. Mr. TeSelle has recovered hundreds of millions of dollars for his clients.

Mr. TeSelle’s primary practice areas include: Complex Commercial Litigation; “Bet Your Business” Litigation; Catastrophic Injuries; Mass Torts; Class Action; Shareholder, Partnership and LLC Member Disputes; Fiduciary Duty Violations; Construction Defects; Securities; Insurance Bad-Faith; Lender Liability; Shareholder Derivative Actions

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