Mr. David Paul Hersh

1984, Colorado
1993, Wyoming
U.S. 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. Court of Appeals, 10th Circuit
U.S. District Court, District of Wyoming
2023, Arizona

Project Participant, Colorado Supreme Court Well-Being Recognition Program for Legal Employers Pilot Project
President, The National Trial Lawyers’ Insurance Bad Faith – Top 10 Trial Lawyers Association
Senior 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)
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),

of the Litigation Counsel of America. The Litigation Counsel of America is an invitation only trial lawyer honorary society established to reflect the new face of the American bar based on excellence in trial work. Membership in the Litigation Counsel of America is limited to less than one-half of one percent of all American lawyers and is by invitation only. Membership includes placement of a maximum of 3,500 Fellows who are selected and invited into Fellowship after being evaluated on effectiveness and accomplishment in litigation and trial work, along with ethical reputation.Mr. Hersh has met the standard of excellence for selection as one of The National Trial Lawyer's Top 100 Trial Lawyers and is an Executive Committee Member of the Business Tort Trial Lawyers Association (BTTLA). BTTLA is a professional specialty association of trial attorneys representing victims and plaintiffs in claims involving harm to economic interests or business relationships.Mr. Hersh serves on the Board of Trustees for the Legal Aid Foundation, a non-profit foundation that provides access to justice for those in need. Mr. Hersh volunteers his time and efforts to provide assistance to the poor and disadvantaged, helping them obtain relief and assistance through the judicial system.Mr. Hersh serves on the Board of Directors for the Colorado Judicial Institute and chairs the Membership Development Committee for the Colorado Judicial Institute (CJI). The CJI is one of the only independent and nonpartisan citizen's groups in the nation devoted to the excellence and independence of its state courts. Established in 1979, CJI was originally formed to preserve Colorado's merit election system for judges. Its mission has broadened to include public education about the judiciary, support for judicial education, recognition of judicial excellence, and collaboration with the public, the legislature and the judiciary to improve Colorado's courts. Mr. Hersh serves on the Board of Directors for the Arapahoe County Bar Association. Mr. Hersh is active in the Association, providing services to the community through the Lawyers at the Library program and speaking to both public and legal groups. Mr. Hersh chairs the Association's Continuing Legal Education (CLE) Committee.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.Mr. Hersh has acted as lead counsel in lawsuits against contractors, engineers, construction managers, and owners in construction litigation on both commercial and residential projects. In the area of environmental litigation, 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, and state toxic tort litigation.Recently, Mr. Hersh 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. This litigated case involves defense of claims made by the United States government for extensive damage to a terrestrial resource [Rocky Mountain National Park] alleged to result from the use of an instrumentality [in this case a water ditch]. Mr. Hersh has been actively involved in litigating claims relating to both personal injuries and property damage involving asbestos construction materials, as well as suits 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 claims of personal injury and/or property damage arising from 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.Mr. Hersh has appeared numerous times before the Colorado Court of Appeals and Supreme Court, as well as the Tenth Circuit Court of Appeals, on behalf of clients. Mr. Hersh is admitted to practice before the Supreme Court of the United States and the States of Colorado and Wyoming. Mr. Hersh regularly tries cases in State and Federal Courts around the country, and is admitted to practice in several United States District Courts as well as the 5th, 8th, and 10th United States Circuit Courts of Appeal.Mr. Hersh is a frequent lecturer for legal and non-legal organizations including universities and other higher education institutions. He is actively involved in the community through pro bono work and his service in various non-profit organizations, including service on their boards. Mr. Hersh is a member of the Craig Hospital PUSH for a Cure Committee which raises funds for Craig Hospital to assist with research for traumatic brain injury patients. Mr. Hersh is active in the Brain Injury Association for Colorado helping traumatically brain injured patients and their families cope with their injuries and the resulting medical, fiscal, and legal challenges.Mr. Hersh serves on the board of directors of several civic associations providing important public services. Mr. Hersh is a supporter of “Jam the Damz,” an integrated cycling tour through the Denver Metro area that helps raise funds for Craig Hospital, U.S. Handcycling, and Adaptive Adventures. Mr. Hersh has been a speaker at numerous continuing legal education seminars on a variety of topics related to the practice of trial law. Mr. Hersh is a faculty member for the University of Wyoming College of Law Summer Trial Advocacy Institute where he instructs law students on various topics related to trying civil cases. Mr. Hersh serves as a member of the University of Wyoming College of Law Advisory Board. In this capacity, Mr. Hersh provides advice and feedback to the college and contributes to the “future vision” of the Law School.Mr. Hersh is a frequent trial tactics and trial practices lecturer at both the University of Wyoming College of Law and the Sturm College of Law at the University of Denver, where he teaches law students how to try civil cases. Mr. Hersh has also served as an instructor in trial tactics for the American Bar Association-sponsored National Institute of Trial Advocacy (NITA) School. In 2012, Mr. Hersh was a featured speaker at the 2012 International Symposium for Life Care Planning, held in Denver, Colorado. Mr. Hersh delivered a 90-minute presentation on “Life Care Planning in the Courtroom: What Really Happens.” Mr. Hersh is an author of business-law.burgsimpson.com, a legal blog which focuses on issues relating to business disputes and commercial litigation. Member: 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, 1984; U.S. District Court, District of Wyoming.