David represents businesses in a variety of complex commercial litigation matters. His litigation practice includes environmental, automotive, coal, agribusiness, toxic tort, securities and antitrust matters, as well as all types of business disputes. He also advises a variety of businesses as outside general counsel on corporate governance and litigation issues.
Education & Credentials
Education
Clemson University
B.S., Chemical Engineering, 1984Northern Kentucky University, Salmon P. Chase College of Law
J.D., 1987- cum laude
Bar Admission
Acknowledgements
- The Legal 500 United States
- Dispute Resolution, 2022
- Best Lawyers in America®
- Appellate, Commercial Litigation, Litigation - Antitrust, Litigation - Construction, Litigation - Environmental, 2007-2024
- Environmental Law, 2024
- "Lawyer of the Year," Litigation - Construction, 2018
- "Lawyer of the Year," Appellate Practice, 2016, 2022
- Kentucky Super Lawyers®
- Business Litigation, 2008-2011, 2018-2022, 2024
- Greater Lexington Chamber of Commerce
- Volunteer of the Year,1999
Prominent Assignments
Defended Dairy Farmers of America, a leading milk-marketing cooperative and dairy food processor, in connection with anti-trust claims in Kentucky and the Southeastern United States.
Defend Tempur-Pedic in a federal securities fraud class action filed in Lexington, Kentucky.
Represents major horse farms in central Kentucky in a wide variety of matters including employment, environmental, business disputes and general business dealings.
Represented publicly traded coal company in connection with alleged lost coal claims.
Represented publicly traded manufacturing company in connection with RCRA and CERCLA environmental claims by USEPA, state agencies and prior and adjacent property owners.
Defend Global Fitness Holdings d/b/a Urban Active against alleged class action claims in Kentucky and Ohio.
Represented steel manufacturing company in connection with citizens suit claims under environmental statutes.
Defend energy company against Clean Air Act allegations by the United States Environmental Protection Agency.
Professional Involvement
- Omega Protein, Inc., Board of Directors, 2010-present
- Chairman, Corporate Governance and Nominating Committee
- U.S. Magistrate Judge Merit Selection Panel, 2005-2006, 2009
Community Involvement
- Fayette County Bar Foundation, Inc., Board of Directors 2013-2014
- Barkley Woods Homeowners' Association, Past Secretary, Board of Directors
- St. Andrew Antiochian Orthodox Church, Parish Council, Past Chairman
- Commerce Lexington, Inc.
- General Counsel to Board of Directors, 2007-2010
- Board of Directors, 2004-2007
- Chairman, Public Policy Council, 2004-2005
- Greater Lexington Chamber of Commerce (currently Commerce Lexington, Inc.)
- Past service as a member of the Board of Directors; Chairman of the Public Policy Council; Chairman of the Legislative Affairs Committee; and Chairman of the Local Government Committee
- Fayette Education Foundation
- Board of Directors, 2007-2008
- Prevent Child Abuse of Kentucky, Board of Directors, 1998-2005, President, 2001-2003
- Prevent Child Abuse of America, Board of Directors, 2002-2004
- Kentucky World Trade Center, Inc., Board of Directors, 1999-2003
- United Way of the Bluegrass, Chairman of Professional Division, 2001
Publications/Presentations
- Co-Presenter, "Environmental Compliance Audits: A Legal and Practical Perspective," 14th Annual Kentucky Environmental Conference, Lexington, Kentucky, February 9-10, 2016
- Moderator, "The Next Business Challenge... Managing Water in an Era of Increased Quality Standards... Permitting and Compliance Challenges in Ohio, Indiana, and Kentucky," 25th Annual Business and Industry's Sustainability and Environmental, Health and Safety Symposium, Cincinnati, Ohio, March 22-23, 2016
- "The Relationship Between Federal and State Environmental Agencies," Kentucky Chamber of Commerce, 3rd Annual Environmental Permitting Course, Lexington, Kentucky, August 10-11, 2000
- "The Waste Management Program," Kentucky Chamber of Commerce, 3rd Annual Environmental Permitting Course, Lexington, Kentucky, August 10-11, 2000
- "Kentucky Division of Water Implements Watershed Management Framework," Kentucky Chamber of Commerce, Business Bulletin, Volume 13, Number 14, May 1999
- "DEP's Regulatory Agenda," Kentucky Chamber of Commerce, Environmental Newsline, Volume VIII, Issue 4, April 1998
- "Franklin Circuit Court Issues First Decision Interpreting KRS 224.01-400," Kentucky Chamber of Commerce, Environmental Newsline, Volume VII, Issue 7, 1997
- Understanding Environmental Law: A Guide to Kentucky and Federal Law & Regulations, Kentucky Chamber of Commerce, contributing author, 1996
- "EPA Issues Final Environmental Audit Policy," Kentucky Chamber of Commerce, Environmental Newsline, Volume VI, Issue 11, 1996
- "Preparing/Cross Examining Expert Witnesses," American Institute of Professional Geologists, The Use of Expert Witnesses in Environmental Disputes, Lexington, Kentucky, November 14, 1998
- "What's Ethics Got to Do with It?," American Bar Association, SONREEL, Key Environmental Issues in U.S. EPA Region IV, Atlanta, Georgia, November 6, 1998
- "Permitting Fundamentals - Water," Kentucky Chamber of Commerce, Environmental Permitting Course, Lexington, Kentucky, July, 1998
- "Kentucky Environmental Initiatives & Remediation," Annual Business & Industry's Environmental Symposium, Cincinnati, Ohio, March, 1998
- "Update on Waste Issues," Environmental Legislative and Regulatory Breakfast, Covington, Kentucky, January, 1998
- "Environmental Management and Auditing," Kentucky Chamber of Commerce, Practical Compliance with EPA Regulations, Lexington, Kentucky, November, 1997
- "The Next Hurdle: Clean Water Act and Update on KPDES Permitting," Kentucky Chamber of Commerce, Practical Compliance with EPA Regulations, Louisville, Kentucky, August, 1997
- "Judicial and Administrative Environmental Litigation," The Cambridge Institute, Tackling Environmental Issues in Kentucky, Louisville, Kentucky, June 2, 1994
- "The National Environmental Policy Act," Executive Enterprises, Inc., Environmental Regulations Course, Louisville, Kentucky, May, 1991