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Lawyer Profile

Image of David P. Hersh

David P. Hersh

Burg Simpson Eldredge Hersh & Jardine, P.C.
  • Recognized Since:
    2013
  • Recognized in:
    Commercial Litigation
    Construction Law...
  • Law School:
    Wake Forest University
  • Website:
    http://www.burgsimpson.com
  • E-mail:
    dhersh@burgsimpson.com
  • Languages:
    English
  • Gender:
    Male
  • Ethnicity:
    White
  • Location:
    40 Inverness Drive East
    Englewood, CO 80112

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.

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  • Lawyer Bio
  • Client Comments
  • Lawyer Practice Areas
  • Firm Details
  • Case History

Lawyer Bio

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.

Read more on firm website
  • Education
  • Bar Admissions
  • Affiliations
  • Award List
  • Additional Information
  • Lawyer of the Year Badge
  • Lawyer of the Year Badge

Education:

  • Wake Forest University , JD, graduated 1983
  • Bob Jones University, BS, graduated 1981

Bar Admissions:

  • Colorado, Colorado Bar Association
  • Wyoming, Wyoming State Bar
  • United States, U.S. Supreme Court
  • United States, Colorado Supreme Court
  • United States, Wyoming Supreme Court
  • United States, U.S. Court of Appeals 5th, 8th, 10th Circuit
  • United States, U.S. District Court, District of Colorado, 1984
  • United States, U.S. District Court, District of Wyoming

Affiliations:

  • American Arbitration Association - Neutral
  • Arapahoe County Bar Association - Secretary
  • Colorado Judicial Institute - Board Member
  • Craig Hospital PUSH Fundraising Committee - Committee Member
  • Faculty of Federal Advocates - Member
  • United States District Court Committee on Conduct - Member
  • University of Wyoming School of Law - Dean's Advisory Board Member
  • Wyoming Trial Lawyers - Member

Named "Lawyer of the Year" by Best Lawyers for:

  • Legal Malpractice Law - Plaintiffs, Denver (2016)
  • Legal Malpractice Law - Plaintiffs, Denver (2014)
 

Recognized in The Best Lawyers in America for work in:

  • Commercial Litigation
  • Construction Law
  • Legal Malpractice Law - Plaintiffs
  • Personal Injury Litigation - Plaintiffs
  • Product Liability Litigation - Plaintiffs
  • Professional Malpractice Law - Plaintiffs
 

Awards:

  • Who’s Who in American Colleges and Universities
  • Colorado Bar Foundation Fellow
  • National Moot Court Competition Recipient, Best Oral Advocate Award
  • Order of the Barristers
  • 5280 Magazine Top Lawyer, 2012, 2016
  • Selected to Colorado Super Lawyers®, 2011-2015, (Business Litigation, Top 100)
  • Selected to Colorado Super Lawyers®, 2006-2008, 2011-2016
  • Top 100 Attorney, The National Trial Lawyers
  • U.S. Legal 500, 2012 and 2013
  • Local Litigation Star, Benchmark Litigation, Colorado – Plaintiffs, 2013
  • Litigation Star, Benchmark Litigation, United States – Plaintiff, Mass Tort/Product Liability, 2013
  • Law Week Colorado's Barrister's Best - People's Choice Award: Best Commercial Litigator, 2015
  • Named to the “2015 Colorado Super Lawyers® Top 10” list
  • Best Lawyers®, Plaintiffs, Personal Injury Litigation, 2016
  • Best Lawyers®, Plaintiffs, Professional Malpractice Law, 2013 – 2016
  • Best Lawyers®, Plaintiffs, Legal Malpractice Law, 2013 – 2016
  • Best Lawyers® “Lawyer of the Year," Legal Malpractice Law – Plaintiffs, Denver, 2014 and 2016
  • AV Preeminent® Rating, Martindale-Hubbell

Special Focus:

  • COVID-19
 

Additional Information:

Practice Areas

Brain Injury

Catastrophic Injuries

Commercial Litigation

Counselor/Therapist Malpractice

Environmental Litigation

Legal Malpractice

Pharmacy Malpractice

Products Liability

Professional Liability

Psychiatric Malpractice

Psychological Malpractice

Psychotherapy Law

Toxic Torts

 

Lawyer Client Comments

Lawyer Practice Areas

Key: Awarded in Best Lawyers Not Currently Awarded for this Area in Best Lawyers

Firm Details

Image for Burg Simpson Eldredge Hersh & Jardine, P.C. View Firm Profile
Burg Simpson Eldredge Hersh & Jardine, P.C.
http://www.burgsimpson.com
 
Headquarters
40 Inverness Drive East
Englewood, CO 80112
(303) 792.5595
6 Office Locations
in 1 Country

United States

United States

Arizona

Arizona

Phoenix, AZ

2390 East Camelback Road, Suite 403

Phoenix, AZ 85016

United States

(602) 777.7000

Get Directions

Nevada

Nevada

Las Vegas, NV

3993 Howard Hughes Parkway, Suite 470

Las Vegas, NV 89169

United States

(702) 668.2070

Get Directions

New Mexico

New Mexico

Albuquerque, NM

4801 Lang Avenue NE, Suite 110

Albuquerque, NM 87109

United States

(505) 424.1850

Get Directions

Ohio

Ohio

Cincinnati, OH

PNC Center

201 East 5th St. , Suite 1340

Cincinnati, OH 45202

United States

(513) 852.5600

Get Directions

Wyoming

Wyoming

Cody, WY

1135 Fourteenth Street

Cody, WY 82414-0490

United States

(307) 527.7891

Get Directions

Lawyer Case History

Commercial Litigation

Mr. Hersh has litigated commercial disputes involving a wide variety of financial instruments, commercial transactions, contracts, indentures, leases and commercial paper. He currently serves as co-lead counsel on major lawsuits seeking redress for investors and governmental entities defrauded through the use of Collateralized Debt Obligations [CDOs] and is one of the lead lawyers nationwide on civil litigation directed at the rating agencies [NRSRO’s] for their participation in the sub-prime mortgage market meltdown. Mr. Hersh is one of the leading lawyers nationwide in cases regarding residential mortgage backed securities [RMBS] and the lenders and NRSRO’s responsible for the financial market crash in 2007. Mr. Hersh has served as lead counsel in commercial loss cases with damages well into the hundreds of millions of dollars including antitrust, RICO and COCCA claims, residential and commercial building collapse, business demise and business interruption, and environmental losses.

Legal Malpractice

Mr. Hersh regularly represents in asserting legal malpractice claims against their former counsel. Mr. Hersh has been successful in recovering millions of dollars for clients who have been harmed by the negligence of their prior legal counsel.

Personal Injury

Mr. Hersh has served as lead counsel in a number of catastrophic personal injury cases, including cases involving claims for paraplegia/quadriplegia, brain injury, severe burns and disfigurement, electrocution, and limb loss.

Environmental Litigation and toxic Torts

Mr. Hersh has extensive experience representing claimants and potentially responsible parties (PRPs) in federal toxic waste litigation, including CERCLA/RCRA litigation, Leaking Underground Storage Tank (LUST) litigation, state toxic tort litigation. He has served as lead counsel in one of the very few Park System Resource Protection Act (PSRPA) cases to actually be litigated under 16 U.S.C. §19jj. Mr. Hersh has litigated claims involving asbestos construction materials, as well as against owners, design professionals, and building contractors (including heating, ventilating, and air conditioning (HVAC) contractors and subcontractors) in indoor environmental quality litigation, toxic mold suits, "sick building" syndrome cases, and low concentration dosage toxic exposure litigation. Mr. Hersh has handled a substantial number of cases involving exposure to or distribution of PCBs, pesticides, defoliants (such as 2-4-D and Agent Orange), cleaning solvents and chemicals, and industrial chemicals and wastes of varying types (such as T.C.E. (Trichloroethylene) and other chlorinated solvents.

Construction Litigation

Mr. Hersh has acted as lead counsel in lawsuits against contractors, developers, engineers, construction managers, and owners in construction litigation on both commercial and residential projects involving single home and multiple party claims.
 
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