David Kaplan

Phone: 502-416-1631

Email: [email protected]

David Kaplan

David is an experienced business litigator who is equally comfortable in the courtroom or before an arbitrator. He excels at representing his clients in disputes involving breach of contract, fraud, breach of fiduciary duty, lender liability, shareholder derivative actions, and disputes inside partnerships and closely held companies. His litigation experience extends across numerous industries including health care, financial services, payment processing, real estate, gaming, and hospitality. David’s clients value his loyalty, tactical skills, aggressiveness, and ability to problem-solve in complex circumstances. David previously served as Chief of Staff to the Kentucky Speaker of the House, as an Assistant Attorney General, and as a member of the regional law firm Frost Brown Todd.

Areas of Practice

  • Appellate and Constitutional Law
  • Complex Commercial & Business Litigation
  • Arbitration & Alternative Dispute Resolution
  • Class Action
  • Fiduciary and Corporate Governance Litigation
  • Securities & Wealth Management Litigation & Arbitration
  • First Amendment & Media Law
  • Healthcare
  • Managed Care Litigation

Admissions

  • Kentucky
  • United States Court of Appeals for the Sixth Circuit
  • United States District Court for the Northern District of Indiana
  • United States District Court for the Southern District of Indiana
  • United States District Court for the Eastern District of Kentucky
  • United States District Court for the Western District of Kentucky

Education

  • Harvard Law School, Cambridge, Massachusetts
    • J.D. magna cum laude - 1997
  • Harvard University, John F. Kennedy School of Government, Cambridge, Massachusetts
    • Masters in Public Policy/Administration - 1997
  • University of North Carolina at Chapel Hill, Chapel Hill, North Carolina
    • B.A. - 1993
    • Major: Public Policy & Philosophy

Representative Matters

  • Obtained a jury verdict for fraud and conversion against members of management of a physician-owned hospital.
  • Obtained voluntary dismissal of a $50 million complaint against a large credit card processor.
  • Acquired voluntary dismissal of trade secrets claims against a manufacturer of air conditioning coils.
  • Obtained summary judgment on behalf of an executive whose former employer breached a severance agreement.
  • Obtained summary judgment enforcing indemnity obligations associated with a share purchase agreement.
  • Acquired summary judgment against a bank which refused to honor a letter of credit.
  • Favorably settled breach of fiduciary duty claims brought by a minority shareholder which was also the defendant's secured lender.
  • Favorably settled claims by creditors seeking to enforce multi-million dollar personal guaranties while the primary obligor was in bankruptcy.
  • Successfully settled claims to enforce personal guaranties given by franchisees for a large restaurant chain.
  • Closed a law enforcement investigation alleging misconduct by a utility in connection with a $250 million regulatory approval.
  • Successfully represented a municipal government in a complex civil rights class action allegedly involving hundreds of class members.

Honors and Awards

  • Kentucky Super Lawyer (2010-2018)
  • Harry S. Truman Scholarship (1992)
  • Business First Top 40 Under Forty (1998)

Clerkship

  • Law Clerk, Hon. John G. Heyburn II, U.S. District Court for Western District of Kentucky

Community Activities

  • Jewish Heritage Fund for Excellence, Chair of Board of Trustees (2016-2018)
  • Jewish Heritage Fund for Excellence, Chair of Grants Committee (2014-2016)
  • KentuckyOne Health (2016-2017)