David Kaplan

David is an experienced business litigator who is equally comfortable in the courtroom or before an arbitrator. David 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.

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.
  • Obtained 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.
  • Obtained 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.
  • Favorably 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.
Education & Clerkship
  • Law Clerk, U.S. District Court for Western District of Kentucky (1997-1998)
  • Harvard Law School, JD, magna cum laude (1997)
  • Harvard University, John F. Kennedy School of Government, Masters in Public Policy/Administration (1997)
  • University of North Carolina at Chapel Hill, BA Public Policy & Philosophy (1993)
Honors & Awards
  • Harry S. Truman Scholarship (1992)
  • Business First Top 40 Under Forty (1998)
  • Kentucky Super Lawyer (2010-2016)
Board Positions & Community Service
  • Jewish Heritage Fund for Excellence
      Chair of Board of Trustees
  • KentuckyOne Health
      Member, Board of Directors