Overview
David Kates is a partner and the Co-Practice Group Leader of Chapman's Public Finance Department. He focuses his practice on tax-exempt and taxable financings for nonprofit health care entities, serving as bond counsel, underwriter's counsel, issuer's counsel, borrower's counsel, restructuring counsel, and purchaser's counsel.
David has extensive experience with health care finance transactions across a wide range of structures, including multimodal transactions, embedded derivatives, forward commitments, and swaps. Building on this experience, he helped develop a first-of-its-kind tax-exempt financing structure for nonprofit health care borrowers participating in energy-as-a-service (EaaS) projects.
Beyond his health care finance practice, David advises on the development and documentation of derivative products—including guaranteed investment contracts, interest rate swaps, repurchase agreements, and forward delivery agreements—for clients across the municipal finance spectrum.
David also counsels financial institutions on the enforceability of closeout netting and collateral arrangements, helping clients achieve favorable regulatory treatment through structured netting memoranda.
A frequent speaker, David has presented at national conferences on tax-exempt bond financings and post-issuance compliance. He has served on the steering committee of the National Association of Bond Lawyers and led panels on health care facilities. He has also participated in programming for the Healthcare Financial Management Association (HFMA).
At Chapman, David serves on the firm's Partner Review Committee and is a former member of the governing Policy Committee.
David started his legal career at Chapman. Prior to rejoining the firm, he practiced in the health care group at Jones Day.
Representative Matters
- Represented the underwriter in a $137.4 million bond issuance by an Ohio county to benefit a regional health system. Proceeds refunded prior bonds, refinanced interim debt, and supported capital improvements across multiple hospital facilities.
- Represented the underwriter in a $713 million bond issuance for a Pennsylvania health care provider. Proceeds were used to support capital projects and refinance prior obligations.
- Represented the underwriter in a $173 million bond issuance by a health care facilities authority in a Western state. Proceeds refunded prior bonds and covered issuance costs for a leading cancer center.
- Served as bond counsel on a $411 million bond issuance by a Tennessee health and educational facilities board. Proceeds supported health care facility improvements for a major university medical center.
- Served as bond counsel on a $286 million bond issuance by a Midwestern state finance authority to benefit a not-for-profit health care system. Proceeds refunded prior bonds and covered issuance costs.
Memberships
National Association of Bond Lawyers
Honors & Awards
Recognized by Best Lawyers in America in Public Finance Law
Admitted
Illinois
Education
Washington University, J.D., with honors, 1995
- Order of the Coif
- Notes and Developments Editor, Law Review
Brandeis University, B.A., cum laude with high honors, 1992
Insights
Presentations
- Panelist, "Debt Management During a Crisis," Warbird Consulting Partners, October 8, 2020
- Panelist, "The Evolving Role of the Underwriter's Counsel," National Association of Bond Lawyers 15th Annual Tax and Securities Law Institute, March 9-10, 2017
- Moderator, "Health Care Facilities — Non-Tax Matters" and "Pay for Success Social Impact Bonds," National Association of Bond Lawyers 41st Bond Attorneys' Workshop, October 19-21, 2016
- Panelist, "Social Impact Bonds," Spring Conference of the National Association of Health and Educational Facilities Finance Authorities, March 24-26, 2015
- Moderator, "Pay for Success Social Impact Bonds," National Association of Bond Lawyers 40th Bond Attorneys' Workshop. September 9-11, 2015
- Chair/Panelist, "Current Topics in Health Care Finance," National Association of Bond Lawyers 39th Bond Attorneys Workshop, September 17-19, 2014