David Weinstein has an active civil and criminal litigation practice, with an emphasis on business, environmental, health care and other complex matters. In the civil context, he represents clients in class action, mass tort, multidistrict, and other complex litigation. In the criminal area, David represents business organizations and individuals in federal, state, and local investigations. He also has experience representing clients in internal investigations involving allegations of fraud, regulatory violations, and other misconduct. In both the civil and criminal areas, David has experience assisting clients with developing and implementing crisis management and public relations strategies.
David is listed in The Best Lawyers in America, Chambers USA, Legal 500 US, The International Who's Who of Business Lawyers, and The International Who's Who of Environment Lawyers. He is recognized as one of "Florida's Legal Elite" by Florida Trend magazine, which inducted him into its Florida Legal Elite Hall of Fame in 2010. Florida Super Lawyers rated David as one of Florida's Top 100 lawyers from 2009 through 2013. He is AV® rated by Martindale-Hubbell Law Directory and he was selected by the Tampa Bay Business Journal in 2005 to be included in "Who's Who in Business in the Tampa Bay Area."
David has a long record of service to the legal profession and the community, including the following positions: Member, Board of Directors, WEDU, West Central Florida's primary public broadcasting station; Chairman, City of Tampa Board of Ethics; Member, Florida Chamber Foundation's Six Pillars Caucus system and its Civic & Governance Systems Caucus; Chair, Environmental Enforcement and Crimes Committee, ABA Section of Environment, Energy, and Resources; and Co-Chair, Criminal Litigation and Enforcement Subcommittee, ABA Environmental Litigation Committee. He is also a member of the Herbert G. Goldburg Inn of Court (Criminal Law) and the National Association of Criminal Defense Lawyers. A fourth degree black belt, David is the senior instructor of Tampa Moo Duk Kwan, a nonprofit martial arts club.
David lectures and writes on a regular basis on issues affecting the business community, including presentations for the American Bar Association, the United States Sentencing Commission, the Federal Bar Association, the Florida Chamber of Commerce and The Florida Bar, as well as publications in the Federal Bar News & Journal, The Florida Bar Journal, The National Law Review, and in the Defense Research Institute and ABA newsletters.
David is a member of The New York State Bar Association, The District of Columbia Bar, and The Florida Bar, and he is admitted to the bars of the U.S. Supreme Court, the U.S. Courts of Appeals for the Second Circuit, the District of Columbia Circuit, and the Eleventh Circuit, and the U.S. District Courts for the Southern and Eastern Districts of New York, the District of Columbia, the Northern, Middle, and Southern Districts of Florida, and the District of Puerto Rico. David received his undergraduate and law degrees from the University of Florida, where he was a member of the Trial Competition Team, Florida Blue Key, and Omicron Delta Kappa.
Areas of Concentration
· Business litigation
· White collar criminal defense
· Environmental, real estate, and land use litigation
· Health care litigation
· Toxic torts
· Mass torts
· Class actions
· Trial and appellate practice
Professional & Community Involvement
· Member, American Bar Association
- Chair, Environmental Enforcement and Crimes Committee, Section of Environment, Energy, and Resources, August 2012-August 2013
- Past Vice-Chair, Environmental Enforcement and Crimes Committee, Section of Environment, Energy, and Resources
- Co-Chair, Criminal Litigation and Enforcement Subcommittee, Environmental Litigation Committee
· Member, Board of Directors, WEDU (west central Florida's leading PBS station)
· Member, The Florida Bar
· Member, District of Columbia Bar
· Member, The New York State Bar Association
· Member, Florida Chamber Foundation, Civic & Governance Systems Caucus
· Member, Herbert G. Goldburg Inn of Court (Criminal Law)
· Member, National Association of Criminal Defense Lawyers
· Senior Instructor (Fourth Degree Black Belt), Tampa Moo Duk Kwan (a nonprofit martial arts club)
Awards & Recognition
· Listed, The Best Lawyers in America, Commercial Litigation; Litigation - Environment, 2005-2014
· Listed, The Legal 500 United States, Litigation - Product Liability and Mass Tort Defense: Toxic Tort, 2011-2013
· Listed, Chambers USA Guide, 2009-2013
· Listed, Super Lawyers magazine, Florida Super Lawyers, 2006-2013
- "Top 100 Lawyers in Florida," 2009-2013
- "Top 50 Lawyers in Tampa," 2013
· Listed, Florida Trend magazine, Environmental, 2004-2013
- "Hall of Fame," 2010-2013
- "Legal Elite," 2004-2012
· Listed, "Who's Who in Business in the Tampa Bay Area," Tampa Bay Business Journal, 2005
· Listed, The International Who's Who of Business Lawyers
· Listed, The International Who's Who of Environment Lawyers
· Rated, AV Preeminent® 5.0 out of 5
· Coronet Industries Litigation. Defending Coronet in connection with a 1,000+ plaintiff mass tort action involving wrongful death, personal injury, medical monitoring, and property damage claims, as well as related governmental issues. (See Tampa Tribune, October 4, 2003)
· Interactive Retail Management, Inc., et al. v. Microsoft Online, L.P., et al. Defending Microsoft in a putative class action in which the class representative alleges that it and others similarly situated were damaged because Microsoft failed to prevent "fraudulent clicks," i.e., clicks on an advertiser's link that are not generated by prospective customers, which purportedly resulted in charges for advertising services that members of the putative class did not actually receive.
· Ross, et al. v. Lennar Corporation. Defended Lennar in a putative class action in which the class representatives alleged that they and others similarly situated have been damaged as a result of purchasing homes located on or adjacent to land formerly used as a U.S. military munitions range during World War II. (See Orlando Sentinel, July 21, 2010)
· U.S. v. WellCare. Represented major managed-care provider in investigations by federal and state authorities. The client entered a deferred prosecution agreement with the United States Attorney's Office for the Middle District of Florida. (See Bloomberg, May 5, 2009)
· Curd, et al. v. Mosaic Fertilizer. Defending Mosaic in a putative class action by commercial fishermen alleging damages purportedly resulting from a release of approximately 65 million gallons of process water from a phosphogypsum stack, which was caused by Hurricane Frances. (See Tampa Tribune, September 24, 2004)
· News Corporation and Fox Television Stations. Defended News Corporation and Fox Television Stations in a class action which arose as a result of national contract negotiations between News Corporation and Bright House Networks regarding its rights to rebroadcast Fox programming, including the Sugar Bowl game, over its cable network. Plaintiffs' request for injunctive relief was denied. Shortly thereafter, News Corporation and Bright House agreed to terms of a national deal for rebroadcast rights for Fox programming over the Bright House cable system. (See The Orlando Sentinel, January 1, 2010)
· U.S. v. Honeywell. Represented clients in a federal criminal investigation concerning a workplace fatality at a Louisiana chemical plant. (See Associated Press, August 1, 2003 and February 13, 2007)
· Mosaic Mining Matters. Represented Mosaic in multiple matters involving phosphate mining in Florida, including defending federal permit challenges by the Sierra Club and others under the Clean Water Act and the National Environmental Policy Act, as well as assisting with mining issues involving several counties, a regional water authority and multiple regulatory agencies. (See New York Times, August 4, 2007)
· Mosaic v. Van Fleet International Airport Development Group. Obtained summary judgment in a $20 million contract action involving an option to purchase more than 20,000 acres of land. The judgment was subsequently affirmed by the 11th Circuit Court of Appeals.
· Florida Judicial Qualifications Commission v. Hon. Gregory P. Holder (Inquiry Concerning a Judge No. 02-487). Lead trial counsel in defense of Circuit Court Judge accused of making false statement to U.S. Air Force. Obtained first defense verdict at trial against JQC in 19 years. (See Florida Trend magazine, September 2005)
· U.S. v. Lee. Defended Chief Officer of foreign flagged vessel in a federal criminal prosecution under 18 U.S.C. § 1001.
· E.S. Bankest, LLC v. United Beverage of Florida, et al. Defended subsidiary of Sysco Corporation, which was one of 58 named defendants, in action for conspiracy to defraud, RICO, RICO conspiracy, fraudulent misrepresentation and negligent misrepresentation. (SeeDaily Business Review, November 22, 2004)
· In re Methyl Tertiary Butyl-Ether ("MTBE") Products Liability Litigation, 209 F.R.D. 323 (S.D.N.Y. 2002). Defended ExxonMobil in multidistrict litigation in which injunctive relief sought in Florida alone exceeded $100 million. Class certification was denied. (See Tampa Bay Review, August 30, 2002)
· In re Lake Apopka Bird Deaths. Represented environmental professionals in the federal criminal investigation of the Lake Apopka bird kill. (See St. Petersburg Times, October 8, 2001)
· U.S. v. Royal Caribbean Cruise Line. Represented a Norwegian cruise ship officer in a federal criminal case in the District of Puerto Rico involving alleged violations of U.S. and international laws. (See New York Times, January 3, 1999)
· In re Espy. Represented client in the federal investigation of former U.S. Secretary of Agriculture, Michael Espy, by Independent Counsel, Donald Smaltz. (See Time Magazine, July 25, 1994)
· Hannas v. Ashland Chemical Co. Resolved, through a mutually beneficial business transaction, a federal court action against Ashland involving alleged ground water contamination of property adjacent to a chemical distribution facility.
· U.S. v. Bay Drum and Steel, et al. Defended client in prosecution for conspiracy to violate federal laws.
· In re Condea Vista. Defended senior manager of a chemical plant in a federal criminal investigation arising out of a 20 million pound chemical release from a Louisiana pipeline. (See Lake Charles American Press, January 14, 1999)
· In re General Electric. Represented GE in a criminal investigation concerning alleged violations of the Resource Conservation and Recovery Act, as well as civil enforcement involving a proposed penalty of more than $2 million.
Publications & Presentations
Articles, Lectures & Publications
· Co-Author, "Managing the Complex: A Brief Survey of Lone Pine Orders," Westlaw Environmental Journal Vol. 34, No. 3, August 21, 2013
· Author, "Environmental Enforcement and Crimes 2012 Annual Report," The Year in Review 2012, American Bar Association Section of Environment, Energy, and Resources, 2013
· Author, "Bolstering the Presumption of APA Reviewability: The Supreme Court Subjects CWA Compliance Orders, and Potentially Other Agency Actions, to Immediate Judicial Review," American Bar Association Environmental Enforcement and Crimes Committee Newsletter, August 2012
· Author, "Supreme Court Broadens The Types of Federal Agency Actions That Can Be Challenged in Court," The National Law Review, April 8, 2012
· Author, "Environmental Enforcement and Crimes 2011 Annual Report," The Year in Review 2011, American Bar Association Section of Environment, Energy, and Resources, 2012
· Author, "An Art of War Lesson Applied to Mass Torts: The Lone Pine Strategy," American Bar Association Environmental Enforcement and Crimes Committee Newsletter, March 2011
· Author, "Environmental Enforcement and Crimes 2010 Annual Report," The Year in Review 2010, American Bar Association Section of Environment, Energy, and Resources, 2011
· Author, "If One Replaces the Other, Will the Third Be Necessary?" Corporate Integrity, Defense Research Institute, October 2007
· Author, "The Expanding Criminalization of Environmental Laws: The Recent Decisions in Hanousek, Hong, and Hansen," The Florida Bar Journal, January 2003
· Author, "Class Certification Denied in MTBE Gasoline Additive Litigation," Florida Specifier,October 2002
· Author, "The Responsible Corporate Officer Doctrine," Lawyer, October 2001
· Author, "What Makes an Environmental Matter a Criminal Case?" Lawyer, September 2000
· Author, "Defending Against an Application for Injunctive Relief in an Environmental Case," Federal Bar News & Journal, July 1992
· Author, "The Amount in Controversy Requirement, Issues of Valuation and Viewpoint," Federal Bar News & Journal, June/July 1991
· Instructor, "Protecting Environmental Permits From Legal and Other Attacks," 26th Annual Florida Chamber Environmental Permitting Summer School, July 2012
· Speaker, "Demystifying the MDL Process," American Bar Association, October 2010
· Speaker, "Lone Pine Orders in Environmental Mass Torts," American Bar Association, Summer 2010
· Moderator, "Hollywood v. Reality: What an Environmental Criminal Investigator Really Does and What Legal Tools Lawyers Can Use to Protect the Client," American Bar Association's Section of Environment, Energy, and Resources 40th Annual Conference on Environmental Law, March 2011
· Moderator, "Preparing for the Rise of Nuisance Claims, Including Defending Against Public, Private, and Climate Change Nuisance Actions," American Conference Institute's Chemical Products Liability and Environmental Litigation Conference, April 2010
· Speaker, "Internal Investigations: An Overview of Practical Considerations for Counsel and their Clients," American Bar Association, 2009
· Speaker, "The McNulty Memorandum," American Bar Association, 2007
· Speaker, "Digital Dangers: The Brave New (Ethical) World of Identification, Preservation, and Collection of Electronic and Other Evidence (Special Update on the ABA's Special Task Force on the Attorney-Client Privilege)," American Bar Association, 2005
· Speaker, "The Evolving Duty to Preserve Evidence," American Bar Association, 2005
· Speaker, "Employee Confidentiality and Covenants Not to Compete - Protecting Your Corporate Assets," Employment Regulations in Florida, Institute of Business Law, California State University, Los Angeles, CA, 1994, 1996
(Also at Washington, D.C. and New York, N.Y. Offices)