• James Craig
• Katherine Lacy Crosby
• Brian F. Haara
• Katherine E. McKune
• Dustin E. Meek
• Jonathan T. Salomon
• David Tachau

David Tachau

V-Card

office: (502) 238-9901
email: dtachau@tachaulaw.com

Born Louisville, Ky. (1955); admitted to bar: Kentucky (1982). Admitted to practice: U.S. Supreme Court, U.S. Court of Appeals for the Sixth and Seventh Circuits, U.S. District Courts for the Eastern and Western Districts of Kentucky and Southern District of Indiana. Education: Harvard College (A.B., magna cum laude, 1978); University of Michigan (J.D., 1982). Senior Editor, University of Michigan Journal of Law Reform (1980-82); Author, "The Courts and the 1980 Census Challenges: Tailoring Rights to Fit Remedies," 15 U. Mich. J.L. Ref. 153 (1981); Finalist, Campbell Moot Court Competition (1982).

Law Clerk to U.S. District Judge James F. Gordon, Western District of Kentucky (1982-83). Associate (1984-89), Partner (1989-95): Brown, Todd & Heyburn, Louisville, Ky; Partner, Tachau Maddox Hovious & Dickens PLC (1995-2007). Finalist, 1989 Trial Lawyer of the Year, Trial Lawyers for Public Justice. Author: "Racketeering Influenced and Corrupt Organizations (RICO)," Chap. 131A, Caldwell's Kentucky Form Book (4th ed. 1992-93 Supp.). Special Justice, Kuprion v. Fitzgerald, 888 S.W.2d 679 (Ky. 1994).

Practice Areas: Business and employment litigation and arbitrations.

Litigation Experience

David's litigation practice has included trial court and appellate cases, and arbitration matters, representing plaintiffs and defendants from small towns in Kentucky to federal courtrooms in New York, Chicago, Indianapolis and Jacksonville. In recent years, David's practice has been concentrated in general commercial litigation, trust and estate litigation, insurance issues, healthcare matters, and employment-related disputes. David has been included in recent editions of The Best Lawyers in America and Kentucky Super Lawyers.

In general commercial matters, David has worked on a variety of contract, partnership and joint venture disputes, securities fraud and class action litigation, RICO claims, and financial institution disputes ranging from letter of credit litigation to claims of miscalculated fees. In the last few years David has handled the prosecution and defense of small business litigation matters involving dissolution of partnership agreements, diversion of corporate opportunities, interference with economic relations, breach of contract and fraud.

Significant recent matters have included the enforcement in 2008 of a hedge fund manager's non-compete agreement in New York arbitration proceedings; the enforcement in 2007 of partnership buy-out provisions in Atlanta arbitration proceedings; the dismissal in 2006 of a shareholder derivative suit against a publicly-traded client, White v. Lunsford, No. 2005-CA-1775 (Ky. App. Sept. 29, 2006); the dismissal in 2004 of a federal RICO and fraud class action lawsuit against a publicly-traded healthcare client, Pratt v. Ventas, Inc., 365 F.3d 514 (6th Cir. 2004); and a federal jury trial in 2003 resulting in a $28 million judgment for an insurance client.

In trust and estate matters, David has successfully represented beneficiaries challenging trust administration practices, individuals challenging or defending wills, and corporate fiduciaries defending their actions as executors and trustees.

Significant recent matters have included defending the executor and trustee of multiple family estates and multimillion dollar trusts in extensive state court fiduciary litigation; successfully representing a successor trustee in obtaining disgorgement of approximately $80,000 in excessive fees assessed by the former corporate fiduciary; resolving claims against two trust company clients accused of negligence; representing an individual beneficiary challenging the administration of her prominent parent's estate; and serving as litigation counsel to a financial institution client administering a $30 million estate involving renunciation of spousal rights, sale of majority ownership of a closely-held business, settlement of federal litigation against the estate, pursuit of malpractice claims against former counsel, and defense of actions to remove the executor.

In connection with insurance matters, David has represented individual and corporate policyholders, as well as insurance agencies and commercial insurers, in lawsuits involving insurance practices and disputed coverage, bad faith allegations, professional liability claims, interpretation of reinsurance treaties, and breach of contract claims.

In the healthcare context, David has represented clients in matters ranging from working to establish a regional managed care organization; defending a statute permitting licensing of a heart surgery practice; advising a statewide nursing association; representing a claims-administration entity in connection with its contractual obligations; and defending commercial claims against the nation's largest provider of services for people with disabilities.

Finally, in employment-related disputes, David has represented a number of individuals and employers. David has litigated and obtained a $500,000 settlement in 2008 for a state government employee alleging violations of Kentucky's whistleblower statute; acted as co-counsel in a federal court jury trial for a whistleblower who was awarded a $45 million judgment; and successfully defended a Kentucky state agency and its Cabinet Secretary from a whistleblower's claims pursued at three separate administrative and appellate levels. David has prosecuted claims of age, gender and racial discrimination, and he has defended discrimination claims. David has advised employees and employers concerning enforcement of noncompetition agreements, and litigated wrongful discharge allegations, claims for breach of employment contracts, and disability, civil rights and constitutional law claims. He has prosecuted claims for breach of employment agreement in proceedings administered by the National Association of Securities Dealers (NASD) and the American Arbitration Association (AAA).

From 2002 until 2006, David served on the Kentucky Board of Education, where he was chairman of the Audit Committee and a committee overseeing the Kentucky Schools for the Blind and Deaf. David has handled a variety of pro bono matters, including litigation defending the gay rights Fairness Campaign in Louisville from allegations of an unlawful political boycott, and current litigation challenging the constitutionality of state funding of private religious college programs. David currently serves on a committee of the Community Foundation of Louisville and on the Board of Teach Kentucky, an organization created to recruit highly qualified college graduates to become employed as teachers in Kentucky.