David Tachau

In recent years, David’s practice has been concentrated in general commercial litigation, trust and estate litigation, employment-related disputes, insurance and healthcare disputes, and public advocacy and constitutional litigation.

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. Noteworthy matters include a state court jury trial resulting in a $2.3 million judgment in 2022, and a previous federal jury trial in Louisville resulting in a $28 million judgment in 2003.

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

In employment-related disputes, David has represented a number of individuals and employers concerning enforcement of noncompetition agreements, wrongful discharge allegations, claims for breach of employment contracts, and disability, civil rights and constitutional law claims. David has obtained a $500,000 settlement for a state government employee alleging violations of Kentucky’s whistleblower statute; another $490,000 settlement for a university administrative employee alleging religious discrimination; dismissal of breach of contract and noncompetition claims against the founder of a successful local business; dismissal of a whistleblower’s claims against a Kentucky state agency and its Cabinet Secretary at three separate administrative and appellate levels; and early in his career he acted as co-counsel in a federal court jury trial for a whistleblower who was awarded a $45 million judgment.

In connection with insurance matters, David has represented individual and corporate policyholders, as well as insurance agencies and commercial insurers, in disputes and lawsuits involving insurance practices and coverage issues, 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.

David has handled a variety of public interest and pro bono matters, including representing the Jefferson County Board of Education in a challenge to legislation limiting their duties and powers, representing the Jefferson County Teachers Association in their successful 2020 challenge of a tax recall petition aimed at blocking millions of dollars in additional funds for local public schools; advising the University of Louisville Foundation in connection with numerous Open Records Act issues; serving as outside counsel for a nonprofit agency which provides residential services to adults with intellectual disabilities; acting as the prosecutor retained by the Louisville Metro Council in 2013 to pursue censure and removal charges against a Council member; serving as co-counsel in a successful First Amendment challenge to a Bar Association reprimand of a Kentucky attorney who had publicly criticized the Kentucky Legislative Ethics Commission, Berry v. Schmitt, 688 F.3d 290 (6th Cir. 2012); successfully challenging the constitutionality of state funding for a private religious college, University of the Cumberlands v. Pennybacker, 308 S.W.3d 668 (Ky. 2010); and defending the LGBT Fairness Campaign in Louisville from allegations of an unlawful political boycott from 1994-98.