David Hersh

Burg Simpson Eldredge Hersh & Jardine, PC - Colorado
40 Inverness Drive East
Englewood, CO 80112
303-792-5595
www.burgsimpson.com


 

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

Albert Einstein

 

Dave Hersh is a civil trial lawyer with the skill, passion, and experience to win your case.  When your business or health are 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.              

 

AREAS OF PRACTICE
       
  • COVID-19 Business Interruption Claims
  •    
  • Brain Injury
  •    
  • Construction Defects
  •    
  • Catastrophic Injuries
  •    
  • Commercial Litigation
  •    
  • Environmental Litigation
  •    
  • Legal Malpractice
  •    
  • Pharmacy Malpractice
  •    
  • Products Liability
  •    
  • Professional Liability & Malpractice

 

 

HONORS AND ACCOLADES

Recipient of the Charles B. Dillion Award of Merit, 2021

AV Preeminent® Rating, Martindale-Hubbell

Best Lawyers in America, 2013- 2021

Best Lawyers®
       
  • “Lawyer of the Year," Legal Malpractice Law – Plaintiffs, Denver, 2014 and 2016
  •    
  • Plaintiffs, Legal Malpractice Law,
  •    
  • Plaintiffs, Professional Malpractice Law
  •    
  • Best Lawyers®, Plaintiffs, Personal Injury Litigation

Law Week Colorado's, Barrister's Best
       
  • People’s Choice Award,  Best Corporate Law Lawyer, 2018-2019
  •    
  • Barrister's Choice (Editorial Selection): Best Class Action/Mass Tort Lawyer- Plaintiffs, 2020
  •    
  • Barrister's Best - People's Choice Award: Best Commercial Litigator, 2015

Senior Fellow, Litigation Counsel of America

America’s Top 10 High Stakes Litigators® 2020

America's Top 100 Personal Injury Attorneys® 2021

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

U.S. Legal 500, 2012 and 2013
       
  • The National Trial Lawyers:
  •    
  • Top 100 Attorney, Civil Litigation
  •    
  • Top 25 Brain Injury Trial Lawyers
  •    
  • Top 25 Class Action Trial Lawyers
  •    
  • Top 10 Insurance Bad Faith Trial Lawyers
  •    
  • Top 10 Business Tort Trial Lawyers

Colorado Super Lawyers®:
       
  • Top 100 Super Lawyers® for Business Litigation, 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.

5280 Magazine Top Lawyer, Civil Litigation

Order of the Barristers

 

 

BAR ADMISSIONS
       
  • S. Supreme Court
  •    
  • Colorado Supreme Court
  •    
  • Wyoming Supreme Court
  •    
  • S. Court of Appeals, 5th Circuit
  •    
  • S. Court of Appeals, 8th Circuit

       
  • S. Court of Appeals, 10th Circuit
  •    
  • S. District Court, District of Colorado
  •    
  • S. District Court, District of Wyoming
  •    
  • Shoshone and Arapaho Tribal Court

 

EDUCATION

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

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

 

PROFESSIONAL AFFILIATIONS

 

Positions

President, The National Trial Lawyers’ Insurance Bad Faith – Top 10 Trial Lawyers Association

Fellow, Litigation Counsel of America

Fellow, Colorado Bar Foundation

Past President, Arapahoe County Bar Association (ACBA)

Fellow, Arapahoe County Bar Association Foundation

Executive Board Member, Business Torts Trial Lawyers Association

Past Chair, United States District Court for the District of Colorado Committee On Conduct

Board of Directors, CLE Colorado (Former)

Board of Governors, Colorado Bar Association (Former)

Colorado Bar Association Ethics Committee (Former)

 

Memberships

American Board of Trial Advocates (ABOTA)

Roster of Neutrals, American Arbitration Association

Colorado Bar Association Nominating Committee (former)

Colorado Supreme Court Task Force for Lawyer Well-Being

University of Wyoming College of Law Dean’s Advisory Board

University of Wyoming President's Society

Federal Bar Association

Member and Presenter, Faculty of Federal Advocates (FFA)

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

Wyoming Bar Association

The National Trial Lawyers (NTL)

Colorado Trial Lawyers Association (CTLA)

Wyoming Trial Lawyers Association

Diversity Law Institute (DLI)

American Society of Legal Advocates (ASLA), 2014-2019

American Association for Justice (AAJ)

Trial Law Institute (TLI)

 

 

COMMUNITY INVOLVEMENT

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

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

Active supporter and team leader for the Craig Hospital "Pedal 4 Possible," raising funds to support rehabilitation at Craig Hospital

Committee Member, Craig Hospital PUSH for a Cure Committee (former)

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

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

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

 

PUBLICATIONS & MEDIA

 

Video

Civil Jury Trials Post-COVID 19

Access to the Courts Post-COVID 19

Virtual Trials Post-COVID 19

Spring Bike Safety

Methods of Dispute Resolution - Introduction

Arbitration

Negotiating Your Case During COVID

Mediation

Getting Your Case Resolved During COVID

Focusing on Wellness in 2021

Commercial Contracts

Strategy for 2021

Bicycle Safety, 2020

Pedal 4 Possible | Craig Hospital, 2020

COVID-19 Pandemic and Selecting a Forum for Your Case, 2020

Statutes of Limitation, 2020

Lawyer Well-Being, 2020

COVID-19 Loss of Business Income, 2020

COVID-19 Outdoor Fun and Safety, 2020

Trial Work During COVID-19, 2020

Raising Awareness Regarding Lawyer Well-Being and Work-Life Balance, 2020

Arbitration vs. Litigation, 2019

What is a Commercial Litigation Case? 2019

Case Settlement, 2019

Mediation vs. Arbitration, 2019

 

Written

"The Pursuit of Attorney Well-Being," The Colorado Lawyer, April 2021

Hersh, David P. "When Drivers Run Red Lights." www.burgsimpson.com, September 4, 2019

Hersh, David P. "Colorado "Stop-As-Yield" Law." www.burgsimson.com, March 19, 2019

"Never Give Up: Top Ten Lessons from Our Eight-Year Battle in the CDO Litigation about the Collapse of the U.S. Economy" - Trial Talk, October/November 2016

10/13/2015: Farron Cousins interviews attorney and shareholder Dave Hersh about the way that large corporations remove the public’s right to a trial by jury. It’s all in the fine print – when purchasing certain goods or services, such as a cell phone or bank account, we could be agreeing to not sue the business who created or sold us the product if something goes wrong.

“Selection of Independent Colorado Judges” – The Docket, January 23, 2015

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

“Up In Smoke” – Law Week Colorado

 

LECTURES & SEMINARS

“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”, 2020 Litigators’ Summit, Video, September 25, 2020.

"Managing and Proving the Complex Brain Injury Case" - The Colorado Trial Lawyers Association (CTLA) Annual Convention, August 9, 2019

"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

TEACHING POSITIONS

Faculty, University of Wyoming Law School Summer Trial Institute

Guest 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