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David Kaplan

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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, debtor-creditor relations, lender liability, 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.

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. - 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 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 muli-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

  • Harry S. Truman Scholarship, 1992
  • Business First Top 40 Under Forty, 1998
  • Kentucky Super Lawyer

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 to 2018
  • Jewish Heritage Fund for Excellence, Chair of Grants Committee, 2014 to 2016
  • KentuckyOne Health, 2016 to 2017