David B. Weinstein: Lawyer with Greenberg Traurig, LLP

David B. Weinstein

Tampa Managing Shareholder
Tampa,  FL  U.S.A.
Phone813.318.5701

Peer Rating
 5.0/5.0
AV® Preeminent

Client Rating

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Practice Areas

  • Litigation
     
    Contact InfoTelephone: 813.318.5701
    Fax: 813.318.5900
    http://www.gtlaw.com/People/David-B-Weinstein
     
    University University of Florida, B.S.B.A., 1981; Member, Trial Competition Team; Member, Florida Blue Key; Member, Omicron Delta Kappa
     
    Law SchoolUniversity of Florida Levin College of Law, J.D., 1986
     
    AdmittedNew York; U.S. District Court for the Southern District of New York; Florida; Supreme Court of the United States; U.S. Court of Appeals for the Second Circuit; U.S. Court of Appeals for the District of Columbia Circuit; U.S. Court of Appeals for the Eleventh Circuit; U.S. District Court for the District of Columbia; U.S. District Court for the District of Puerto Rico; U.S. District Court for the Eastern District of New York; U.S. District Court for the Middle District of Florida; U.S. District Court for the Northern District of Florida; U.S. District Court for the Southern District of Florida; U.S. District Court for the Southern District of Illinois; District of Columbia
     
    Memberships 

    Professional & Community Involvement

    •Member, American Bar Association

    •Chair, Environmental Enforcement and Crimes Committee, Section of Environment, Energy, and Resources, August 2012-August 2013

    •Co-Chair, Criminal Litigation and Enforcement Subcommittee, Environmental Litigation Committee

    •Past Chair, Environmental Enforcement and Crimes Committee, Section of Environment, Energy, and Resources

    •Member, Defense Research Institute

    •Vice-Chair, Toxic Torts and Environmental Law Mass Torts Specialized Litigation Group

    •Member, Board of Directors,WEDU(west central Florida's leading PBS station)

    •Member, Board of Trustees, David A. Straz, Jr. Center for the Performing Arts

    •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)

     
    BornVallejo, California, May 2, 1958
     
    Biography

    David B. 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. David also represents business organizations and individuals in federal, state, and local criminal investigations. He additionally 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 inChambers USA Guide(2014) (Band #1) - where he was described as having unsurpassed litigation skill in environment law and noted that clients and peers alike 'want him on their side' -The Best Lawyers in America,The Legal 500 United States,The International Who's Who of Business Lawyers, andThe International Who's Who of Environment Lawyers. He is recognized as one of Florida's Legal Elite byFlorida Trendmagazine, which inducted him into its Florida Legal Elite Hall of Fame in 2010.Florida Super Lawyersrated David as one of Florida's Top 100 lawyers since 2009. He is AV rated by the Martindale-Hubbell Law Directory and he was selected by theTampa Bay Business Journalin 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 Trustees, Straz Center for the Performing Arts; 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; Vice-Chair, Defense Research Institute (DRI) Toxic Torts and Environmental Law Mass Torts Specialized Litigation Group; and Master Lawyer, Tampa Bay Inn of Court. 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 theFederal 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, as well as the U.S. District Courts for the Southern and Eastern Districts of New York, the District of Columbia, the Southern District of Illinois, 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

    Awards & Recognition

    •Listed,Chambers USA Guide, Band #1, 2009-2014

    •Listed,The Best Lawyers in America, Commercial Litigation; Litigation - Environment, 2005-2014

    •Listed,Super Lawyersmagazine,Florida Super Lawyers

    •Top 100 Lawyers in Florida, 2009-2014

    •Listed,TheLegal500 United States, Litigation - Product Liability and Mass Tort Defense: Toxic Tort, 2011-2013

    •Listed,Florida Trendmagazine, Environmental, 2004-2013

    •Hall of Fame, 2010-2013

    •Legal Elite, 2004-2012

    •Selected, 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 5AV , BV , AV Preeminent and BV Distinguished are registered certification marks of Reed Elsevier Properties Inc., used under in accordance with the Martindale-Hubbell certification procedures, standards and policies.

    Articles, Publications, & Lectures

    Articles

    •Quoted, Class Action Seeks a Slice of Papa John's in Sales Tax Controversy,Tax Analysts, May 28, 2014

    •Quoted, Papa John's Tops Delivery Fees with Illegal Tax: Suit,Law 360, May 23, 2014

    •Co-Author, Bell v. Cheswick Generating Station: A Blow to the Clean Air Act 'Permit Shield ,'Environmental Enforcement and Crimes Committee Newsletter, American Bar Association, April 2014

    •Author, Venue-Selection Clauses: A Trap for the Unwary ,The Florida Bar Journal, February 3, 2014

    •Featured Interview, Key Issues Facing Lawyers Today,Who's Who LegalRound Table, 2013

    •Author, Managing the Complex: A Brief Survey of Lone Pine Orders ,Westlaw Environmental JournalVol. 34, No. 3, August 21, 2013

    •Author, An Art of War Lesson Applied to Mass Torts: The Lone Pine Strategy,American Bar Association Environmental Enforcement and Crimes Committee Newsletter, August 2013

    •Featured, Q&A With Greenberg Traurig's David Weinstein,Law360, May 9, 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, Lone PineOrders in Environmental Mass Torts,The Environmental Litigator, Vol. 21, No. 4, Summer 2010

    •Author, Internal Investigations: An Overview of Practical Considerations for Counsel and Their Clients,The Environmental Litigator, Vol. 20, No. 3, Summer 2009

    •Author, If One Replaces the Other, Will the Third Be Necessary?Corporate Integrity, Defense Research Institute, October 2007

    •Author, The Evolving Duty to Preserve Evidence,American Bar Association Environmental Litigation Committee Newsletter, Fall 2005

    •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

    Lectures

    •Instructor, Protecting Environmental Permits From Legal and Other Attacks, 26th Annual Florida Chamber Environmental Permitting Summer School, July 2012

    •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

    •Speaker, Demystifying the MDL Process, American Bar Association, October 2010

    •Speaker,Lone PineOrders in Environmental Mass Torts, American Bar Association, Summer 2010

    •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

    Associated News & Events

    Press-Releases

    07.07.14 12 Greenberg Traurig Attorneys Named 2014 Florida Trend Legal Elite

    07.02.14 98 Greenberg Traurig Attorneys Named 2014 Florida Super Lawyers

    05.30.14 Six Greenberg Traurig Tampa Attorneys Included in 2014 Chambers USA Guide

    05.29.14 53 Greenberg Traurig Florida Attorneys Included in 2014 Chambers USA Guide

    05.23.14 Greenberg Traurig Attorneys, Practices Included in 2014 Chambers USA Guide

    03.03.14 Greenberg Traurig's Tampa Litigation Practice Selected by Daily Business Review/American Lawyer Media as a 2014 'Litigation Department of the Year'

    10.03.13 Greenberg Traurig Tampa Managing Shareholder David B. Weinstein Named to the Straz Center Board of Trustees

    08.16.13 Two Greenberg Traurig Tampa Lawyers Named 2014 'Lawyers of the Year' by Best Lawyers in America

    07.09.13 Greenberg Traurig Attorneys Recognized as Florida Legal Elite by Florida Trend

    06.21.13 Greenberg Traurig Ranked in 2013 Legal 500 United States Guide; Recommended as 'Top Tier' Firm in Real Estate

    Published Articles

    04.15.14 Bell V. Cheswich Generating Station: A Blow to the Clean Air Act Permit Shield

    02.03.14 Venue-selection Clauses: A Trap for the Unwary

    08.21.13 Managing the Complex: A Brief Survey of Lone Pine Orders

    03.01.11 An Art of War Lesson Applied to Mass Torts: The Lone Pine Strategy

    Alerts

    04.04.12 Supreme Court Broadens the Types of Federal Agency Actions That Can Be Challenged in Court (Also at Washington, D.C. and New York, N.Y. Offices)

     
    Reported CasesCoronet Industries Litigation. Currently 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 . Currently 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.; Curd, et al. v. Mosaic Fertilizer. Currently 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. The representation involves ichthyology, benthic ecology, physical oceanography, commercial fishing, and statistics.(See Tampa Tribune , September 24, 2004); Mosaic Mining Matters. Currently representing Mosaic in multiple matters involving phosphate mining in Florida. (See New York Times , November 30, 2010 and August 4, 2007); U.S. United Ocean Services v. Mosaic Fertilizer : Defended Mosaic in an arbitration proceeding before the Society of Maritime Arbitrators in which claimant demanded approximately $50 million in damages. The claim was for deadfreight allegedly due following a force majeure event declared by Mosaic after mining was enjoined at one of its mines. After detailed briefing by the parties, arbitration hearings in September and December 2013, and additional hearings scheduled to occur in 2014, claimant dismissed its case against Mosaic, with prejudice, in exchange for an agreement not to seek an award of attorneys' fees and costs.; Mims Properties Investments, et al. v. Mosaic Fertilizer : Defended Mosaic in federal court litigation in which plaintiffs filed a sixteen-count complaint alleging breach of land reclamation agreements and improper reclamation at a former phosphate mine of more than 2,000 acres. Plaintiffs sought damages in excess of $50 million. The jury returned a split verdict and awarded plaintiffs approximately $1.5 million in damages-less than 3% of what they had originally sought. The court subsequently ordered a remittitur, which reduced the damages award by more than $750,000.; 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 had 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); Sierra Club Sierra Club, et al. v. Army Corps of Engineers : Obtained summary judgment for Mosaic Fertilizer in a federal court challenge to mining at the Altman Tract, which was filed by the Sierra Club and other environmental advocacy groups concerning a Section 404 Clean Water Act permit issued by the US Army Corps of Engineers.; Los Angeles Unified School District v. Cronimet, et al. : Defended Cronimet and United Alloys & Metals in an action filed in the Central District of California involving allegations of offsite groundwater contamination from chlorinated solvents purportedly affecting a nearby school.; 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.; 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); 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); 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 the U.S. Air Force. Obtained first defense verdict at trial against JQC in 19 years. (See Florida Trend magazine, September 2005); MundoFox Broadcasting, LLC v. America-CV Network, LLC . Prosecuted claims for damages and rescission of a Station Affiliation Agreement and a Production Services Agreement against a MundoFox station affiliate and consumated a favorable settlement in less than two months. (See Media Moves , January 9, 2013).; Thomas Moore, et al. v. News Corp., New World Communications of Tampa, Inc., and Fox Television Stations, Inc . Defended News Corporation and Fox Television Stations in a class action that was filed during national contract negotiations between News Corporation and Bright House Networks regarding its rights to rebroadcast Fox programming, including the Sugar Bowl, over its cable network. Defeated Plaintiffs' request for injunctive relief at a highly-publicized hearing and Plaintiffs subsequently abandoned their claims. 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. 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. (See Daily 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 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); I n 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 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.
     
    ISLN902882728
     


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    Office Information

    David B. Weinstein

    625 East Twiggs Street, Suite 100
    TampaFL 33602




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