David Kaplan

Senior Counsel
Tel: +1 (858) 720-3193
Fax: +1 (858) 793-0323 Download vCard

Mr. Kaplan practices in the firm’s California office and focuses on complex litigation, including securities class actions, individual “opt out” actions, and international securities mattersMr. Kaplan has over a decade of experience in the field of shareholder and securities litigation.  For his outstanding work advising and representing institutional investors, Mr. Kaplan has been recognized for several years as one of San Diego’s “Rising Stars” by Super Lawyers.

Mr. Kaplan has helped achieve substantial recoveries on behalf of lead plaintiffs in several securities class actions, including as a member of the teams that prosecuted In re Toyota Motor Corp. Securities Litigation ($25.5 million recovery), In re Dendreon Corp. Securities Litigation ($40 million recovery), and In re AXA Rosenberg Investor Litigation ($65 million recovery).  Mr. Kaplan currently represents lead plaintiffs in several federal class action lawsuits, including In re Fannie Mae/Freddie Mac Senior Preferred Stock Purchase Agreement Class Action Litigations pending in the District of Columbia Court of Appeals, and the Invacare Securities Litigation pending in the Northeastern District of Ohio

In addition to prosecuting complex litigation in state and federal courts, for the past five years, a significant part of Mr. Kaplan’s practice has focused on advising and representing prominent institutional investors on whether to remain in securities class actions or opt-out in order to maximize their recovery.  He is currently representing prominent institutional investors in a variety of opt out matters, including direct actions against British Petroleum (BP) in Texas federal court arising out of the 2010 Gulf of Mexico oil spill, against American International Group (AIG) in California state court and Manhattan federal court arising out of AIG’s investments the housing and subprime mortgage markets in the years leading up to the financial crisis, against Petróleo Brasileiro (Petrobras) in Manhattan federal court arising out of the long-running bribery and kickback scheme at the Brazilian oil giant, and against American Realty Capital Partners (now known as Vereit) arising out of a multi-year accounting fraud at the world’s largest net-lease REIT.  Recently, Mr. Kaplan successfully represented sixteen prominent institutional investors – including the largest U.S. public pension fund, the largest sovereign wealth fund, and the largest asset manager in the world –  that opted out of In re Countrywide Financial Corp. Securities Litigation, in a direct action that was confidentially resolved against Countrywide Financial, certain of its former executive officers, and KPMG LLP.     

Mr. Kaplan also has extensive experience counseling institutional investors on international securities claims.  Recent examples of foreign securities matters for which he has provided extensive analysis to the firm’s institutional investor clients include shareholder “group actions” pending against RBS, Lloyd’s, and Tesco in England; shareholder “mass actions” against Olympus and Toshiba in Japan; and shareholder class and collective actions in continental Europe, Canada, Australia, Taiwan, and a variety of other international jurisdictions. 

Finally, Mr. Kaplan is a member of the firm’s new matter department in which he,along with a team of attorneys, financial analysts, forensic accountants, and investigators, counsels the firm’s institutional clients on potential legal claims.   

Prior to joining BLB&G, Mr. Kaplan was a senior associate at Irell & Manella, where he represented plaintiffs, defendants, and transactional clients in a broad range of matters, including fiduciary obligations, SEC compliance, subprime mortgage disputes, commercial contract disputes, private equity investments, trade secret, and insurance coverage and bad faith litigation. 

While in law school, Mr. Kaplan served on the editorial board of the Duke Law Journal, authored The Scope of Bar Orders in Federal Securities Fraud Settlements, 52 Duke L.J. 211, 241 (2002), and was a Stanley Starr scholar and President of the Duke Law ACLU.

Education:

  • Duke University School of Law, 2003, J.D.; High Honors; Duke Law Journal; Stanley Starr Scholar
  • Washington & Lee University, 1999, B.A., cum laude

Bar Admissions:

  • California
  • U.S. Court of Appeals, Ninth Circuit
  • U.S. District Court, Central District of California
  • U.S. District Court, Northern District of California
  • U.S. District Court, Southern District of California
  • U.S. Bankruptcy Court, Central District of California