Meet David W. Kash

David W. Kash

Partner

David is a partner in the Phoenix office at Koeller Nebeker Carlson Haluck, LLP.  He is a well-recognized trial and business lawyer with extensive experience in international and domestic civil cases including business disputes, surety law, construction law, transportation law, insurance, products liability, aviation law, professional malpractice, director and officer liability, lender liability, RICO, and civil rights.  He also represents clients in arbitrations and commercial transactions.  David has extensive experience in doing business with Native American communities. His experience and commitment to excellence in his work addresses clients’ objectives to consistently achieve optimal outcomes.

He is a featured speaker and a contributing author of articles for numerous organizations including the following: American Bar Association Tort and Insurance Practice, Transportation Lawyers Association, International Association of Defense Counsel, Chicago Surety Claims Association, National Bond Claims Association, and the Pearlman Association.

David is heavily involved with his community and has served as a past Board Member for Phoenix Children’s Cancer Center, the Phoenix Sister Cities Commission, Scottsdale Symphony Orchestra and British-American Chamber of Commerce.

  • Construction Claims & Litigation
  • Product Liability
  • Commercial Trucking & Transportation Litigation
  • Insurance Coverage & Related Matters
  • Business & Transaction Law
  • Professional Liability
  • Government Tort Liability
  • Employment & Workers Compensation Law

  • American Bar Association
  • International Association of Defense Counsel
    • Transportation Committee Vice Chair of Communications
    • Foundation Board President (2013 – 2014)
    • Arizona State Membership Past Chair
    • Alternate Dispute Resolution Committee, Past Chair
    • Fidelity and Surety Committee, Past Chair
  • National Bond Claims Association
  • Pearlman Association
  • Transportation Lawyers Association
  • Trucking Industry Defense Association
  • Arizona Association for Economic Development
  • Tribal Economic Development Committee, Past Chair

  • AV Preeminent Rated Lawyer in Martindale Hubbell®
  • Southwest Super Lawyer – Business Litigation and Surety
  • Selected to “The Best Lawyers in America” – Commercial Litigation
  • Sustaining Member of “Arizona’s Finest Lawyers”

  • Author, “A Primer on Preemption”, IADC, International Association of Defense Counsel, Transportation Committee Newsletter, May 2020.
  • Author, “Presenting Science and Animation to the Jury”, The Transportation Lawyer, December 2019, Vol. 21 No. 3.
  • Speaker at Pearlman Association Conference, Woodinville, WA, paper entitled “Debarment”, September, 2018.
  • Co-author of brief of the Trucking Industry Defense Association as Amicus Curiae in support of Petition for Review in J.B. Hunt v. Ortega, in the Supreme Court of the United States, March, 2018 (seeking the enforcement of the doctrine of “pre-emption” under the Federal Aviation Administration Authorization Act of 1994 in favor of motor carriers).
  • Program Co-Chair, “Bonding Without Borders: Suretyship in the Global Economy of the 21st Century,” American Bar Association Meeting, The Roosevelt, A Waldorf-Astoria Hotel, New Orleans, LA, January, 2017.
  • Co-Authored “Moving Heaven and Earth: The Site Contractor, Spearin Doctrine,” The American Bar Association Fidelity and Surety Meeting, The Waldorf-Astoria Hotel, New York, January, 2016.
  • Speaker at Transportation Lawyers Association Annual Meeting program entitled, “Fundamental Tenets and Duties of Officers and Directors in Closely Held Corporations,” May, 2015 and author of article in The Transportation Lawyer, December, 2015, Vol. 17. No. 3.
  • Speaker at Swiss Re continuing education program for surety and insurance claims personnel entitled, “Sovereignty & Suretyship: Contracting (Bonding) with Native American Tribes,” May, 2015 and August, 2013.
  • Co-Authored “Bad News for Construction Insurers Might be Good News for Sureties,” Fidelity & Surety Newsletter, International Association of Defense Counsel, March 2014.
  • Co-Authored “Getting to Zero: A Method of Projecting Losses on Your Client’s Next Surety Claim,” Fidelity & Surety Newsletter, International Association of Defense Counsel, November, 2013.
  • Co-Authored “Project Documentation: How to Teach the Project Guys What the Lawyers Need,” Construction Newsletter, International Association of Defense Counsel, March, 2013.
  • Co-Authored “Getting to Zero through a Great Takeover Agreement,” Fidelity & Surety Newsletter, International Association of Defense Counsel, February, 2013.
  • Speaker at International Association of Defense Counsel program entitled, “The Decision To Seek Arbitration – Be Careful What You Wish For…” July, 2012.
  • Co-Authored “Deconstructing Subdivision Bonds,” Defense Counsel Journal, International Association of Defense Counsel, January, 2012.
  • Authored “Practical ADR,” Alternative Dispute Resolution Committee Newsletter, International Association of Defense Counsel, August, 2011.
  • Moderator and Speaker at International Association of Defense Counsel program entitled, “Overcoming the Vanishing Trial; A Trial Lawyer’s Skills Are More Vital Than Ever for Effective Advocacy at Mediation,” February, 2011.
  • Chair of the International Association of Defense Counsel ADR Committee and author of article entitled, “How to Protect Your CEO from Being Subject to an Arbitration Award, When Not a Party to the Arbitration Agreement,” January, 2010.
  • Speaker at Transportation Lawyers Association program entitled, “Mediating a Complex Multi-Party Transportation Case,” May, 2009.
  • Co-Authored “Mediation from Counsel’s Perspective,” Forum on Advanced Litigation Strategy, International Association of Defense Counsel, November, 2007.
  • Chair and Speaker at International Association of Defense Counsel program entitled, “Forum on Advanced Litigation Studies,” November, 2007.
  • Speaker at program entitled, “Unfair Competition and Advertising Injury Coverages,” Association of Corporate Counsel, July, 2007.
  • Co-Author and Speaker at program entitled “Insurance Coverages for Construction Defects,” International Association of Defense Counsel, July, 2005.
  • Author/Speaker “The Construction Contract” a three-part presentation in conjunction with ASU College of Law, Leadership and Management and the City of Phoenix, 2005.
  • Authored “An Overview of the Statutory Requirements for Bond Claims Made on State and Federal Public Works Projects, the Arizona Mechanics’ Lien Act and a Brief Discussion of the Law Relevant to these Acts” for various construction and surety seminars.
  • “Job Site Injury Lawsuits: Can a Controlled Subcontractor Obtain Immunity from Suit Brought by the General Contractor’s Employees under the Arizona Workers’ Compensation Act or Common Law Principles?” August, 2003.
  • Authored “Tort Liability of Design Professionals to Contractors Under Arizona Law,” presented to architects and engineers in Arizona, July, 2003.
  • Legal Ethics presentation, Transportation Lawyers Association Annual Conference, May, 2003.
  • Speaker at symposium entitled “Doing Business on Indian Reservations, Evaluation and Selecting General Contractors and Architects;” Salt River Pima Maricopa Indian Community, Arizona Association for Economic Development, March, 2003.
  • Author and video presentation of paper entitled, “The Law of Opening Statements,” Waldorf Astoria Hotel, New York City, International Association of Defense Counsel, January, 2003.
  • Lectured on “Seven Questions to Ask When Contracting with Native American Tribes and An Example of How To Structure An Agreement,” Arizona Association for Economic Development Symposium, February, 2002.
  • Authored and lectured on “Some Basics of the Attorney/Client Privilege in the Corporate Setting,” Financial Markets Association, March, 2001.
  • Authored and lectured on “Changing Technology and its Potential Impact on Sureties,” Chicago Surety Claims Association, May, 2000.
  • Co-authored and lectured on “Sovereignty and Suretyship – Contracting with Native American Tribes,” Chicago Surety Claims Association, May, 1999.
  • Lectured on “What Truckers Can Do to Limit Liability,” American Trucking Association’s Safety Management Counsel, May, 1998.
  • Authored, “A Few Things You Should Know About General Indemnity Agreements,” Arizona Builders’ Alliance, Legal Notes, June-July, 1996.
  • Authored “When a Construction Surety is Called Upon to Become an Insurer,” Chicago Surety Claims Association, May, 1996.
  • Authored “Enforcement of Cross-Border Judgments with Mexico,” featured article, Arizona Attorney, July, 1995.
  • Authored “Don’t Let Your Surety Become an Insurer,” Arizona Builders’ Alliance, Legal Notes, June, 1995.
  • Co-authored “News from the Regions,” a report on Arizona case law and legislative changes, The Procurement Lawyer, Vol. 30, No. 2, American Bar Association, Winter, 1995.
  • Authored and lectured on “Enforcement and Challenging the [Arbitration] Award,” Symposium, December, 1994.
    Authored “NAFTA and its impact on the Insurance and Surety Business,” Chicago Surety Claims Association.
  • Lectured at “Expert Witness Examination Skills” Workshop, Arizona Society of Certified Public Accountants.

 

(602) 256-0000
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Education
  • DePaul University – B.S. Accounting, with honors
  • Chicago-Kent College of Law – J.D., with honors
States Licensed to Practice
  • State Bar of Arizona
  • State Bar of Illinois
  • Arizona Supreme Court
  • Illinois Supreme Court
  • U.S. District Court, District of Arizona
  • U.S. District Court, Northern District of Illinois
  • U.S. Trial Bar, Northern District of Illinois
  • U.S. Court of Appeals, Ninth Circuit