David S. Kahn Partner

     

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David Kahn focuses his practice in the areas of complex litigation and large-loss matters, commercial, intellectual property, products liability and the defense of design professionals. In addition, David has handled numerous personal injury, general liability, construction defect, and railroad and transportation matters. In addition, David also is called upon to handle matters involving new and developing areas of the law, including the firm’s Cannabis Law practice.

In the area of commercial litigation, David has handled highly sophisticated matters involving transactional law, professional liability and accounting cases that call into play his knowledge of financial services involving misrepresentation and breach of fiduciary duty claims. He has taken two such cases to verdict, one of which involved a company-killing allegation against a computer software company.

David’s varied background provides him with the ability to quickly analyze legal and factual issues, identify strategies that will advance the client's position, and properly position matters for trial and appeal. His experience as house counsel and his positions in the insurance, security and event, and transportation industries give David a unique perspective on clients’ needs and desires when they are sued. He also has experience handling criminal cases, including financial and white collar crimes, as well as experience with juvenile matters. David tried his first case approximately 25 years ago, and he continues to make frequent appearances before the state and federal courts in Nevada. In addition, David remains licensed and active in California, where he began his legal career. Early evaluation is a hallmark of David’s style, resulting in efficient case handling.

Areas of Focus

Professional Liability
David has defended a wide variety of professionals, including attorneys, accountants, real estate professionals and design professionals. He also has defended hospitals in medical malpractice claims.

Architects & Engineers
David is experienced handling matters of architect liability, including the representation of architects and landscape architects in cases involving both commercial and residential properties. Among the issues he has addressed are a large delay claim involving a skilled nursing facility; claims against a landscape architect for the entirety of a large master planned community with multiple developers with 23 miles of alleged block wall problems; and representation of an architect involved in a claim related to construction administration of a high-rise casino project.

Regarding engineer liability matters, David has handled civil, structural, geotechnical, electrical and mechanical engineering claims in cases involving high-rise commercial and residential properties. These cases have involved a structural claim related to a public educational recreation facility, an electrical claim related to build-out of a plastics factory, a structural claim related to failure at a residence, and a geotechnical claim involving faulting across numerous residences in a master planned community. He has represented surveyors in boundary and marker disputes.

Transportation
David has handled railroad, trucking and transportation matters for many years. These have included accident cases with allegations of death or serious personal injuries. Prior to becoming an attorney, David spent several years as an export shipper, giving him unique insight into transportation, trucking and shipping issues.

Commercial
Throughout his career, David has handled numerous commercial disputes, including breach of contract actions and injunctive matters, and he has litigated matters involving publishers and various small businesses. In addition, David has represented publishers and private companies in transactional matters, which have included non-compete agreements in dispute, small businesses’ disputes and corporate matters. He has formed corporations and LLC entities in Nevada and California. David has litigated a range of business matters involving contracts, collections, software development, intellectual property rights and tort issues. David also has represented local hospitals in commercial claims and suits.

Intellectual Property
Through much of his legal career, David has represented publishers, regularly handling disputes and transactional matters related to copyright issues, the rights and obligations of authors and artists, and other related litigation matters. David has tried to verdict a matter regarding computer software claims. He also has filed cases in federal court to protect well-known brand manufacturers from cyber piracy and infringement, in one recent instance drawing worldwide media attention. In a previous role, David acted as in-house counsel for a company that had developed proprietary software related to the movement of large crowds of people. In this matter, David was successful in negotiating with the International Olympic Committee to preserve all intellectual property rights for his client. He also has handled First Amendment cases. David has successfully prosecuted counterfeit seizure cases, with counterfeit goods being seized from local conventions in Las Vegas.

Product Liability
David has represented products manufacturers in the defense of liability claims. These matters have included a major automobile manufacturer, a window manufacturer involved in construction defect claims and a large case involving several thousand plastic water pipes and related claims of failure.

Accountants
David has practiced more than 10 years in the area of accountant malpractice. He has handled cases involving a criminal grand jury subpoena to an accountant for his client’s records, claims related to accountants’ handling of client tax returns and tax advice, and a claim related to accounting for gambling losses.

Lawyers' Defense
David has handled the defense of lawyers’ liability claims in both litigation and transactional matters. His broad litigation and transactional background provides him with crucial insight when litigating case-within-a-case portions of any legal malpractice action or trial. He has handled legal malpractice matters in both Nevada and California, including the trial of one matter to verdict.

Directors & Officers
Throughout his career, David has defended directors and officers of corporations, LLCs and partnerships. Through motion practice, David has been successful in eliminating or reducing liability against corporate officers and directors, as well as owners of limited liability companies, in large loss and complex matters. David has defended directors and officers in actions arising from tort claims, construction claims, claims against design professionals and environmental consultants, contractual claims, business claims, antitrust claims and intellectual property claims. In addition to his litigation experience, David was in-house counsel for a large, privately held company that provided security and event services to professional sports teams, music events, and well-known events such as the Olympics and the Super Bowl. David’s knowledge of commercial law has helped to eliminate or reduce the involvement of the principals of the companies he represents in litigated matters.

Construction
David has handled construction defect matters on behalf of contractors, subcontractors, manufacturers and design professionals in Nevada’s Chapter 40 pre-litigation process and in the resulting litigation. By evaluating each case on its individual merits and by aggressively litigating claims, he has been successful in having them reduced or eliminated.

Environmental & Toxic Tort
David has worked on numerous cases involving mold, chemical exposure, remediation of chemical spill sites and environmental matters related to railroads. His experience includes the successful defense of an environmental consultant in a multimillion-dollar case involving claims of stigma damages related to potential exposure to anhydrous ammonia. He also has defended mold claims involving the employees of a county courthouse, as well as cases relating to remediation of gas station spills and other environmental dangers.

Cannabis Law
David applies his broad experience to the firm's developing Cannabis Law practice, where attorneys nationwide share their experience and monitor developments in their geographic areas. David represents companies and individuals in all aspects of the cannabis industry as new legal ground is paved and the firm serves U.S. markets where cannabis is legal for medical and recreational use.

Representative Matters

Queensridge v. DGI of Nevada; Mr. Kahn represented various design disciplines in a lien dispute and professional negligence lawsuit involving the design at the Tivoli Queensridge project in Las Vegas, Nevada.

B.R. Summerlin Property, LLC v. Vestin Fund I, LLC, et al.; Mr. Kahn represented the architect in a lawsuit involving the design and construction of an elderly care facility in the Summerlin community found in northwest Las Vegas, Nevada.

Canyon Ridge Church v. TJK Consulting Engineers, Inc.; Mr. Kahn represented the electrical design engineer in a lawsuit involving the construction of a church in Las Vegas, Nevada.

University of Nevada, Las Vegas v. Bennett & Jiminez, Inc.; Mr. Kahn represented the structural engineers in a lawsuit involving the design and construction of the student athletic center at the University of Nevada Las Vegas.

Seven Hills Master Community Association v. Granite Silver Development Partners; Mr. Kahn represented the landscape architect in a construction defect matter involving over twenty (20) miles of retaining walls that were allegedly defective in Henderson, Nevada.

Dorrell Square Homeowner's Association v. D.R. Horton, Inc. et al; Mr. Kahn represented the grading contractor in a construction defect matter involving allegations of structural and mechanical engineering deficiencies for a multi-unit residential neighborhood in Las Vegas, Nevada.

Virgin Valley Water District v. Vanguard Piping Systems (Canada), Inc. et al.; Mr. Kahn represented a pipe manufacturer in a matter wherein a local municipality water board alleged that the manufacturer designed, developed, manufactured, distributed, marketed and sold a failing product that caused millions in damage to the municipality’s water infrastructure.  At issue were the water systems feeding over 3000 homes, involving over 30 separate subdivisions.

Prevailed on a motion to dismiss homeowner association client in a quiet title action between a bank and former and current property owners, in a matter before Nevada's Eighth Judicial District Court.

Won summary judgment against a commercial property owner in a multimillion-dollar claim in federal court involving allegations of stigma damages against an environmental consultant.

Handled a multimillion-dollar claim against a manufacturer of plastic pipe, including thousands of residences at issue.

Handled a multimillion-dollar claim against architects and surveyors for design of commercial, office, and residential mixed-use property.

Obtained dismissal of tort claim against a railcar lessor in initial motion to dismiss.