David H. Kistenbroker is Managing Partner of the Chicago office, Chairman of the firm's Litigation and Dispute Resolution Practice, and Co-Head of the Securities Litigation and Corporate Governance Practices. He also is a member of the firm's Executive Committee and Board of Directors.
Mr. Kistenbroker's practice is focused on the representation of publicly traded companies and their directors and officers in securities class actions, SEC investigations and corporate governance disputes. He has been selected by his peers as one of Illinois' leading trial lawyers and was featured in
The National Law Journal for having one of the top ten defense verdicts in the nation. He was recognized in
Benchmark: America's Leading Litigation Firms and Attorneys (2008–2011) published by
Legal Media Group, has been listed in
Chambers USA: America's Leading Lawyers for Business (2008–2011) in the area of General Commercial Litigation, and was named to the 2010 and 2011 Directorship 100 lists of the most influential people in corporate governance and the boardroom. He is also listed in
Illinois Super Lawyers (2005–2012).
A frequent lecturer on securities litigation, directors and officers insurance matters and corporate governance, Mr. Kistenbroker currently serves as co-chair of the Practising Law Institute Securities Litigation & Enforcement Institute for 2011. He also is a member of the Board of Directors of the University of Chicago Laboratory Schools.
Mr. Kistenbroker earned his Juris Doctor in 1980 from Marquette University School of Law, his M.A. in political science in 1977 from Marquette University and his B.S. in 1975,
magna cum laude, from the University of Wisconsin-Whitewater. He is admitted to the bars of the U.S. Supreme Court, the U.S. Courts of Appeals for the Second, Sixth, Seventh, Eighth and Ninth Circuits, and the U.S. District Courts for the Northern District of Illinois and the Eastern District of Wisconsin. He also is a member of the Trial Bar for the U.S. District Court for the Northern District of Illinois.
Representative ClientsThe Boeing Company
Century Business Services, Inc.
Goodyear Tire & Rubber Company
HSBC Bank USA
DT Industries, Inc.
Kmart Inc.
Krispy Kreme Donuts, Inc.
OM Group, Inc.
Siegel-Robert, Inc.
Talx Corporation
Cardean Learning Group
Exide Technologies, Inc.
Merge Technologies Incorporated
Ben Franklin Retail Stores, Inc.
Cerner Corporation
Enterasys Networks, Inc.
Acceptance Insurance Company, Inc.
Waste Management, Inc.
Career Education Corporation
United Recycling Industries, Inc.
Keithley Instruments, Inc.
ABC Naco, Inc.
Applied Digital Solutions, Inc.
Charter Communications
Muzak Holdings LLC
McLeodUSA Inc.
New York Community Bancorp, Inc.
School Specialty, Inc.
SSA Global Technologies, Inc.
Crown Media Holdings, Inc.
Midway Games Inc.
iStar Financial
FC Stone Group, Inc.
MEMC Electronic Materials, Inc.
thinkorswim Group Inc.
Whitney Holding Corporation
American Greetings Corporation
HighTower Advisors LLC
Quixote Corporation
Aon Corporation
Meta Financial Group
SolarWinds, Inc.
Tekelec
Publications
“
High Court Again Rejects Bright Line Rule for Pleading Materiality,” Practising Law Institute:
Securities Litigation & Enforcement Institute 2011, Chapter 8 (September 2011).
“
Class Certification in Securities Fraud Actions: A View from the Second Circuit,” Practising Law Institute:
Securities Litigation & Enforcement Institute 2011, Chapter 14 (September 2011).
“
Recent Developments in Global Securities Litigation," Practising Law Institute:
Securities Litigation & Enforcement Institute 2011, Chapter 16 (September 2011).
“
Recent Development in Delaware Corporate Governance,” Practising Law Institute:
Securities Litigation & Enforcement Institute 2009, Chapter 5 (September 2009).
“
Recent Development in Delaware Corporate Governance,” Practising Law Institute:
Securities Litigation & Enforcement Institute 2008, Chapter 17 (September 2008).
“
Recent Development in Delaware Corporate Governance,” Practising Law Institute:
Securities Litigation & Enforcement Institute 2007, Chapter 11 (August 2007).
“
Criminal and Civil Investigations: United States v. Stein and Related Issues,” Practising Law Institute:
Securities Litigation & Enforcement Institute 2006, Chapter 18 (August 2006).
“Criminal and Civil Investigations,” Practising Law Institute:
Stock Options Pricing Practices, Chapter 23 (September 2006).
“The Seventh Circuit’s Abbott Derivative Decision – What Went Wrong?” Practising Law Institute, Chapter 24 (August 2005).
“
Director Disinterest and Independence the SLC – Which Way To Go,” Practicing Law Institute, Chapter 14 (September 2004).
“
Corporate Motive and Time Warner: Smoke and Mirrors Revisited,” PLI Course Handbook, Chapter 6 (2003).
“Securities Litigation and Insolvency: The Case for the Director and Officer Insurance Proceeds,” Practicing Law Institute, Chapter 12 (September 2001).
2011 Speaking Engagements
Securities Litigation & Enforcement Institute
Presented by Practising Law Institute
National Co-Chair
October 17, 2011
San Francisco, California
Topic: Globalization of securities litigation
24th Annual Stowe Producer Conference
Presented by Chartis
September 12–14, 2011
Stowe, Vermont
Topic: Recent Developments in Securities Litigation
ACE Professional Risk
Presented by ACE
June 6, 2011
Lafayette Hill, Pennsylvania
Topic: Globalization
Chartis Panel Conference
Presented by Chartis
May 18, 2011
New York, New York
Topic: Issue of litigation contingency reporting
Aon 2011 Speaker Series
Presented by Aon
March 2, 2011
New York, New York
Topic: Is your company fully protecting its directors and officers?
Aon FSG Conference
Presented by Aon
January 20, 2011
Orlando, Florida
Topic: Past, present and future D&O litigation trends
2010 Speaking Engagements
NACD Directorship 100
Presented by Directorship
November 8, 2010
Metropolitan Club
New York, New York
Topic: Current trends in securities litigation
2011 Market Outlook for Directors & Officers Liability
Presented by AON
November 5, 2010
The Mid-America Club
Chicago, Illinois
Topic: Current trends in securities litigation
23rd Annual Stowe Producer Conference Presented by Chartis
September 14, 2010
Stowe, Vermont
Topic: How regulatory and litigation environment continues to present challenges for directors and officers
D&O Market Trend Seminar Series Presented by Chartis
June 10, 2010
Fairmont Chicago Millennium Park
Chicago, Illinois
The NACD Directorship Forum Presented by Directorship
June 7-9, 2010
Union League Club
New York, New York
Topic: Governmental investigations
ACE Professional Risk Road Show Presented by ACE
May 18, 2010
Renaissance Hotel
Chicago, Illinois
Topic: Regulatory investigations
2010 Panel Counsel Conference Presented by Chartis
May 13, 2010
New York, New York
Topic: The state of D&O litigation
Aon Property Client Symposium Presented by Aon
February 9-11, 2010
Loews Miami Beach, Florida
Topic: D&O litigation trends and 2010 coverage issues
Aon Lake Las Vegas Conference Presented by Aon
January 20, 2010
Ritz Carlton
Las Vegas, Nevada
2009 Speaking Engagements
Securities Litigation & Enforcement Institute Presented by Practising Law Institute
October 15, 2009
PLI California Center
San Francisco, CA
22nd Annual Stowe Producer ConferencePresented by Chartis
September 14-16, 2009
Stowe Mountain Lodge
Stowe, VT
Topic: Recent trends in securities class litigation
2009 Global ForumPresented by NACD Directorship
June 9, 2009
Union League Club
New York, NY
New Challenges Facing Boards of Directors in the Economic CrisisPresented by Directors Roundtable
May 7, 2009
Union League Club
Chicago, Illinois
Topic: Update of Corporate Governance Law: Director Independence & Board Room Litigation
2008 Speaking Engagements
Navigating Through This Economic CycleSpeaking Engagement at NASDAQ
September 30, 2008
Directorship and Global Proxy Watch
New York, NY
Topic: Navigating the current economic cycle, new global risks, new shareholder activism, the most recent developments in securities litigation and compensation strategies.
Securities Litigation & Enforcement InstitutePresented by Practising Law Institute
Speaking Engagement
September 15-16, 2008
PLI Conference Center
New York, NY
Current Issues in D&O Liability & InsurancePresented by New York City Bar
Speaking Engagement
June 6, 2008
New York City Bar
New York, NY
Topic: Coverage Disputes Sounding in Fraud
2008 Plus Bermuda Perspective SymposiumPresented by Professional Liability Underwriting Society
Speaking Engagement
June 3, 2008
Hamilton Princess, Hamilton, Bermuda
Topic: Addressed views of the subprime/credit issues currently affecting a significant number of companies and what impact that will have on their portfolio of business including professional liability.
2007 Speaking Engagements
Securities Litigation & Enforcement InstitutePresented by Practising Law Institute
Speaking Engagement
September 17-18, 2007
PLI Conference Center
New York, NY
Topic: Recent developments in Delaware corporate governance litigation.
20th Annual Stowe Producer ConferencePresented by the National Union Fire Insurance Company of Pittsburgh, PA
September 5-6, 2007
Topnotch at Stowe Resort
Stowe, VT
Topic: Recent trends in securities class litigation.
The Rise and Fall of D&O LitigationPresented by AON Financial Services Group
July 26, 2007
University Club
New York, NY
Topic: Recent trends in securities class litigation.
2006 Speaking Engagements
D&O Exposures in a Climate of Increasing Corporate Governance and Litigation SeverityPresented by Aon Risk Services Chicago
Speaking Engagement
November 15, 2006
University Club of Chicago
Chicago, Illinois
Topic: Current frequency trends for the number of securities suits is declining, yet severity settlements and judgments continue to escalate. This trend creates challenges for public companies, particularly when it comes to recruiting and retaining qualified directors and officers. I participated in this discussion which addressed these issues, how they affect executives today and how to manage, mitigate and avoid such risks.
2006 PLUS International ConferencePresented by the Professional Liability Underwriting Society
Speaking Engagement
November 8-10, 2006
Hyatt Chicago on the Riverwalk
Chicago, Illinois
Topic: “Defying the Laws of Physics –Risks & Exposures for Financial Institutions,” a review of D&O and professional liability exposures faced by financial institutions, including the impact of current case law, settlements and major industry investigations over the past four years, and a discussion of the impact of the U.S. Patriot Act on financial institutions and underwriting response and coverage options currently available in the market.
Stock Option Practices ConferencePresented by Harris Martin Publishing
Speaking Engagement
October 12-13, 2006
New York Marriott Financial Center
New York, New York
Topics: When a company should initiate an internal investigation into options practices; how such investigations should be conducted, and whether the results should be shared; and how to minimize corporate disruption during investigations.
2006 PLI Stock Option Pricing Practices“Options Back-Dating – Where We Are, How We Got Here and Where We’re Going”
Presented by the Practising Law Institute
September 19, 2006
PLI Conference Center
New York, New York
Topics: The latest developments in identifying and dealing with Improper stock option pricing practices – including backdating, springloading and market timing – among public companies and their advisers, and best practices to follow going forward.
Securities Litigation & Enforcement InstitutePresented by Practising Law Institute
Speaking Engagement
September 11-12, 2006
PLI Conference Center
San Francisco, CA
Topic: New strategies in defending shareholder class actions and derivative suits and SEC enforcement actions.
19th Annual Stowe Producer ConferencePresented by the National Union Fire Insurance Company of Pittsburgh, Pa
September 6, 2006
Topnotch at Stowe Resort
Stowe, VT
Topic: Issues surrounding the complex legal, regulatory and liability nuances of operating in an increasingly global and “borderless” business environment.
Web Seminar: D&O Exposures in a Climate of Increasing Corporate Governance and LitigationMarch 30, 2006
AON Risk Services
Chicago, IL
Topic: The decline in the number of securities suits in the technology sector and escalation of the severity of settlements and judgments; challenges for public technology companies created by this trend, particularly in attracting and retaining qualified directors and officers; how these issues affect executives; and how to manage, mitigate and avoid such risks.