Mr. David P. Hersh, the co-practice group leader of the business and commercial litigation department of Burg Simpson, 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, 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.
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.
Honors & Accolades
AV Preeminent Rating, Martindale-Hubbell
Best Lawyers in America, 2013- 2020
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
Barrister’s Best People’s Choice Award, Law Week Colorado, Best Corporate Law Lawyer, 2018-2019
Law Week Colorado's Barrister's Best - People's Choice Award: Best Commercial Litigator, 2015
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, 2011-2020,
Top 100 Super Lawyers : 2010, 2012-2018, 2020
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, 2016-2020
Order of the Barristers
National Moot Court Competition Recipient, Best Oral Advocate Award
Who’s Who in American Colleges and Universities
Community Involvement
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
Publications & Media
2019 - 2020: Short Informational and Promotional Videos
•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
Bike Crash Safety video, Nov. 8, 2019
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
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
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
