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David Kaplan

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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