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David Kaplan

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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
Ranked In Chambers | USA 2021 | David Kaplan
David is an experienced business litigator who is equally comfortable in the courtroom or before an arbitrator. He enjoys assisting his clients in disputes involving breach of contract, breach of fiduciary duty, trade secrets, fraud, business torts, and shareholder rights. 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 Frost Brown Todd law firm.

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. - 1997
    • Honors: magna cum laude
  • 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 arbitration award on counterclaim in dispute over medical billing services; claimant took nothing (Confidential Arbitration before the American Health Law Association. August 27, 2019).
  • Obtained jury defense verdict for police officer in malicious prosecution case. Molett v. Hyche, Jefferson Circuit Court Civil Action No. 12-CI-03928, affirmed in Molett v. Hyche, No. 2019-CA-1159-MR, 2020 WL 6689567, at *1 (Ky. Ct. App. Nov. 13, 2020), review denied (Sept. 22, 2021).
  • Successfully pursued interlocutory appeal to Supreme Court for order referring case to arbitration. Ally Align Health, Inc. v. Signature Advantage, LLC, 574 S.W.3d 753 (Ky. 2019).
  • Obtained Supreme Court decision ordering a public agency to disclose records on grounds that Legislative change was not retroactive Util. Mgmt. Grp., LLC v. Pike Cty. Fiscal Ct., 531 S.W.3d 3 (Ky. 2017).
  • Obtained a jury verdict for fraud and conversion against members of management of a physician-owned hospital. Buridi v. Stavens, et al., Jefferson Circuit Court Case No. 11-CI-01048, affirmed in Stavens v. Buridi, No. 2016-CA-001301-MR, 2018 WL 6601879 (Ky. Ct. App. Dec. 14, 2018).
  • Obtained voluntary dismissal of a $50 million complaint against a large credit card processor. Business Payment Systems, LLC v. National Processing Company, (U.S. District Court – WDKY, No. 3:10-cv-0669-DJH) (May 7, 2015).
  • Obtained summary judgment on behalf of an executive whose former employer breached a severance agreement. Duncan v. PremierTox 2.0, Inc., Fayette Circuit Court Case No. 13-CI-04710, affirmed in PremierTox 2.0, Inc. v. Duncan, No. 2015-CA-001011-MR, 2016 WL 6892579, at *1 (Ky. Ct. App. Nov. 23, 2016).
  • Acquired voluntary dismissal of trade secrets claims against a manufacturer of air conditioning coils. (Luvata Electrofin, Inc. v. Metal Processing International, L.P., U.S. District Court – WDKY, No. 3:11-cv-00398) (Feb. 19, 2015).
  • Obtained summary judgment for lender under indemnity provisions of a share purchase agreement. Digenis v. Stavens, et al., Jefferson Circuit Court Civil Action No. 11-CI-06260, affirmed in Stavens v. Digenis, No. 2015-CA-000359-MR, 2017 WL 1203395, at *2 (Ky. Ct. App. Mar. 31, 2017).

Honors and Awards

  • Chambers USA, Leading Lawyers in the USA – Kentucky, 2021
  • Super Lawyers, Top Rates Business Litigation Attorney in Louisville, KY, 2010-present
  • Top Attorneys in Kentucky, peer-rated, 2013-present
  • 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

  • West End Opportunity Partnership, Board Member (Gubernatorial appointee), August 2021-present
  • Legal Aid Society, Campaign Cabinet Member, 2019-present
  • Jewish Community Federation of Louisville, Annual Campaign Chair, 2020-present
  • Kentucky Governor-Elect Andy Beshear’s Transition Committee on the Budget, 2019
  • Jewish Heritage Fund for Excellence, Chair of Board of Trustees, 2016 to 2018
  • KentuckyOne Health, Board of Directors, 2016 to 2017
  • Kentucky Bar Foundation, Life Fellow, 2011 to present