David W. Rowe

David's practice includes legal assistance to disabled or elderly persons and their families in a variety of contexts, class action litigation, and the use of social science research in the preparation of legal cases for trial.

David helps disabled persons, the elderly, and their families plan for the future and work through problems they encounter with governmental agencies and programs. David assists in establishing estate plans to provide for the disabled individual while at the same time maintaining the individual's eligibility for services, such as Medicaid. David advises clients on Medicaid rules, and he is a recognized expert and frequent speaker on the use of special needs trusts and government benefits eligibility determinations. Administrative appeals, guardianships, conservatorships, and trust proceedings are additional contexts in which David represents clients.

David has played roles in a number of class actions. These have included class actions on behalf of disabled persons, as well as a number of corporate shareholder class actions in which he has served as local counsel for the plaintiffs. Shareholder class actions on which he has worked include: In re: Transcrypt International Securities Litigation, Desert Orchid Partners v. Transaction Systems Architects, Inc., Rosen v. Transaction Systems Architects, Inc., Harbor Finance Partners v. ConAgra Foods, et al., Capital Trading Co. v. Government Properties Trust, Inc., et al., and Silverstein v. T.D. Ameritrade Holding Co., et al. Cases on behalf of disabled persons have included Keef et al. v. State of Nebraska Department of Motor Vehicles, a class action which brought an end to the State's practice of charging fees for handicapped parking permits, and Bill M. et.al. v. Nebraska Dept. Of Health and Human Services, et.al., a suit on behalf of developmentally disabled persons denied funding for necessary services for which they were eligible.

A graduate of Davidson College, David holds a Ph.D. in Experimental Psychology from the University of Tennessee. For several years he taught Psychology at the University level, and he worked in a psychiatric setting. Subsequently, he attended law school at the University of Michigan in Ann Arbor. After practicing law for two years in Denver, Colorado, David returned to Nebraska, where he had lived in his adolescence, to accept a postdoctoral fellowship in law and psychology at the University of Nebraska. During the two years of that fellowship, David's work concentrated on the use of psychology in litigation, and the use of legal incentives and deterrents to shape behavior.

David jointed the firm in 1991, and is a partner. Over the years David has used his background in psychology and social science research methods to assist other firm attorneys in their case preparation. Such methods include the use of focus groups and mock trials.

During his career David has been active as a mediator and was a member of the state bar association's committee on alternative dispute resolution. He worked with that committee to draft the Nebraska Alternative Dispute Resolution Act, which was passed by the legislature in 1991. Subsequent to its passage, he was a founding member of the Lincoln/Lancaster Mediation Center (LLMC) and trained many of the mediators now mediating in Lancaster County.

David is admitted to practice before all of Nebraska's state courts, including the Supreme Court. In addition, he is admitted to practice before the courts of Colorado, the federal district courts for Nebraska and Colorado, the Eight and Tenth Circuit Court of Appeals, and the United States Supreme Court.

David is married, has two sons, and is active in the community. He has been active on the board of the Lincoln/Lancaster Mental Health Foundation, the Lincoln/Lancaster ARC, the Lancaster County Detention Center advisory committee, the Nebraska State Museum, and Cornhusker Kiwanis.

David's other interests include bicycle touring and racing, downhill skiing, and computers.

 
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Kinsey Rowe Becker & Kistler, LLP
P.O. Box 85778 • Suite 601
121 South 13th Street • Lincoln, NE 68501-5778
Phone: (402) 438-1313 • Fax: (402) 438-1654
krbk@krbklaw.com