Interior of the Office of Kaplan Johnson Abate & Bird LLP

David Kaplan



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.

In January 2023, David accepted a full-time position as the Chief of Staff & General Counsel to Louisville Mayor Craig Greenberg, during which time he will continue to advise existing clients with the support of other firm attorneys. 


  • 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


  • 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 defense judgment in a bench trial to resolve a competency challenge to an inter vivos transfer of $3 million worth of real estate by an individual who was later diagnosed with dementia. Morgan v. Justice, et al., Bourbon Circuit Court Civil Action No. 19-CI-254 (opinion issued February 1, 2023)
  • Largely prevailed in a bench trial by successfully defending against over $6 million worth of contract and fiduciary duty claims such that plaintiffs’ net recovery before attorney’s fees was approximately $170,000. Underhill Associates et al. v. Rhodes et al., Jefferson Circuit Court Civil Action No. 15-CI-5248 (opinion issued January 20, 2021)
  • 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, 2023
  • Super Lawyers, Top Rated Business Litigation Attorney in Louisville, KY, 2010-present
  • Top Attorneys in Kentucky, peer-rated, 2013-2023
  • Harry S. Truman Scholarship, 1992
  • Business First Top 40 Under Forty, 1998


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

Community Activities

  • Antisemitism Task Force (Gubernatorial appointee), December 2023-present
  • West End Opportunity Partnership, Board Member (Gubernatorial appointee), August 2021-December 2022
  • Legal Aid Society, Campaign Cabinet Member, 2019-2022
  • Jewish Community Federation of Louisville, Board Chair, July 2022-present
  • Kentucky Governor-Elect Andy Beshear’s Transition Committee on the Budget, 2019
  • Jewish Heritage Fund, Chair of Board of Trustees, 2016 to 2018
  • KentuckyOne Health, Board of Directors, 2016 to 2017
  • Kentucky Bar Foundation, Life Fellow, 2011 to present