David B. Weinstein

Experience: Business Litigation Matters: Recently achieved an $88 million federal trial victory for an international exporter.; Currently representing a major national and international real estate developer in multiple cases involving complex contract and real estate issues.; Prosecuted claims for a public-sector client in a high-stakes action against an industry-disrupting peer-to-peer vehicle sharing company.; Defended a major real estate developer in multiple cases in which a competitor attempted to have a $100+ million luxury apartment complex demolished. After prevailing for our client in the trial court and in a resulting appeal, we sued the competitor for abuse-of-process and malicious prosecution and prevailed on a motion to assert punitive damages.; Defended an international mining company in an arbitration in which claimant demanded approximately $50 million in damages allegedly due following a force majeure. After two weeks of arbitration hearings, claimant dismissed its case against our client, with prejudice, in exchange for an agreement not to seek an award of attorneys' fees and costs.; Prosecuted claims for damages on behalf of a South Korean company against a U.S.-based international importer concerning the importer's failure to secure and deliver 40,000 tons of petroleum coke from a Russian supplier.; Defended a technology company in contract dispute involving the manufacture of industrial battery subcomponents.; Represented a technology company in an action involving the misappropriation of trade secrets and related misconduct by former employees and a competing company.; Represented homeowners in a dispute regarding the validity of an amendment to an exclusive private waterfront subdivision's declaration of restrictions. Obtained summary judgment, which was affirmed on appeal, and secured entitlement to recovery of clients' attorneys' fees and costs.; Defended an international real estate firm in a '10-figure' class action lawsuit regarding the alleged mismanagement of tenant funds from a tenant-in-common structure.; Defended national restaurant chain in two statewide class actions in which Plaintiffs alleged that the company's business practices violated multiple consumer protection statutes and gave rise to other causes of action.; Defended international media company in a class action concerning rebroadcast rights, including to the Sugar Bowl. Defeated Plaintiffs' request for injunctive relief at a highly publicized hearing and Plaintiffs subsequently abandoned their claims.; Prosecuted claims for damages and rescission of a Station Affiliation Agreement and a Production Services Agreement against a television station affiliate and consummated a favorable settlement in less than two months.; Environmental & Toxic Tort Matters: Currently representing an international aerospace company in five high-profile toxic-tort actions including a putative class action in which Plaintiffs allege that emissions from a manufacturing facility contaminated nearby properties and injured persons who lived or worked nearby. Plaintiffs seek injunctive relief, medical monitoring, and monetary damages. Following Daubert motions and expert depositions, Plaintiffs voluntarily dismissed the class action with prejudice. GT continues to represent the client in the remaining mass tort and individual wrongful death actions.; Co-Lead trial counsel for three Defendants in the In re: Champlain Towers South Collapse Litigation and helped spearhead multi-party defense efforts resulting in the second largest class action settlement in Florida history. The settlement resolved all claims against GT's clients with no monetary contribution from them and their insurers contributed less than 2.75% of the total settlement fund.; Defended a public utility company in a putative class action brought by residents alleging that emissions from a power plant contaminated approximately 15,000 properties within an approximate 80-square mile area with radionuclides, metals, and other constituents thereby elevating cancer rates. A putative class action that once included more than 30,000 residents has now been dismissed with prejudice.; Curd, et al. Mosaic Fertilizer, LLC. Defended Mosaic Fertilizer in an 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 case involved complex scientific issues in the disciplines of ichthyology, benthic ecology, marine biology, physical oceanography, estuarine science, and commercial fishing economics. Greenberg Traurig prevailed on a motion to dismiss Plaintiffs' claims which the Plaintiffs appealed. Florida's Second District Court of Appeal affirmed the dismissal and held that Florida law did not impose an independent duty of care to protect Plaintiffs' pure economic interests or create a private statutory cause of action for damages when the party seeking recovery does not have a possessory interest in the property allegedly damaged by pollution. The Second District certified these issues to the Florida Supreme Court as questions of great public importance. The Florida Supreme Court ruled that only commercial fishermen-but not restaurants, bait and tackle stores, or other Plaintiffs-could proceed with their claims, and remanded the case with a limited, putative class. Later, the Plaintiffs filed a motion to join over 100 new Plaintiffs to try to convert the case from a putative class action to a mass tort. Mosaic successfully opposed and the Plaintiffs appealed. The Second District Court of Appeal affirmed the trial court ruling denying joinder. The Plaintiffs subsequently sought class certification, which was granted by the trial court but reversed in the fourth appeal in this important case. Mosaic Fertilizer, LLC v. Curd, et al. 259 So. 3d 239 (Fla. 2d DCA 2018). Following class decertification, the Plaintiffs once more sought to intervene Plaintiffs, which the trial court denied. A putative class action that once had more than 1,000 members and covered more than 400 square miles of Florida geography was then comprised only seven Plaintiffs. Anderson v. Mosaic Fertilizer, LLC is a follow-on case with over 100 Plaintiffs that was filed after decertification of the class in Curd. After the District Court dismissed Plaintiffs' Complaint with prejudice, GT negotiated a settlement that resolved all claims with no monetary contribution from GT's client and resolved 16 years of litigation.; Williams v. Mosaic Fertilizer, et al. Defended Mosaic in federal court in toxic tort litigation in which Plaintiff alleged she suffered adverse health effects as a result of airborne exposure to industrial emissions and claimed over $60 million in damages. Prevailed on all claims in the trial court on Daubert and summary judgment motions in a 41-page order and a subsequent order excluding evidence of stigma damages. See Rhonda Williams v. Mosaic Fertilizer, LLC, Case No. 8:14-cv-1748, 2016 WL 7175657 (M.D. Fla. June 24, 2016). Plaintiff appealed the trial court's decision and the Eleventh Circuit Court of Appeals affirmed entry of summary judgment in favor of Mosaic. Williams v. Mosaic Fertilizer, LLC, 889 F.3d 1239 (11th Cir. 2018).; Developed multiple Coronavirus (COVID-19) Business Continuity Plans for safe operations and return to work for several corporate clients. These plans advise on essential business, and similar government orders and regulations, and are a comprehensive approach to develop policies and strategies for risk mitigation and solutions for the workforce and public. Plans were developed in collaboration with a Ph.D./M.D., a board-certified toxicologist, and certified industrial hygienists as well as labor & employment, government law & policy, and data privacy attorneys.; Managed the liability exposure and compliance requirements for the removal and disposal of unexploded ordnance (UXO) from an active construction site in an urban setting for a major national real estate developer. This included managing communications and coordination with local, state, and federal authorities, and a certified UXO contractor; regulatory compliance; and health and safety protocols to reduce associated risks to onsite personnel, nearby residents, and others.; Defended an international mining and manufacturing company in complex litigation, which culminated in a multi-week federal jury trial and involved an alleged breach of land reclamation agreements concerning a 2,000+ acre former phosphate mine. Plaintiffs filed a sixteen-count complaint and sought damages in excess of $50 million. The jury returned a split verdict awarding Plaintiffs approximately $1.5 million-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. The case was subsequently settled while on appeal.; Defended a steel recycler and an alloy processor in an action filed in the Central District of California involving allegations of offsite groundwater contamination from chlorinated solvents purportedly affecting a nearby school.; Defended a chemical company in a mass toxic tort action with more than 1,100 Plaintiffs asserting wrongful death, personal injury, medical monitoring, and property damage. Plaintiffs' claims arose out of alleged contamination of groundwater, surface water, soil, and air in a large area previously mined for phosphate surrounding a facility that manufactured phosphate-based animal feed supplements and other chemical products. Plaintiffs demanded approximately $250 million in personal injury damages, property damages, and medical monitoring. We obtained the entry of one of Florida's first Lone Pine orders requiring Plaintiffs to substantiate their allegations of injury and causation or be subject to dismissal, which resulted in the dismissal of more than 300 plaintiffs. We also employed an offer of judgment strategy that resulted in the dismissal of more than 300 additional Plaintiffs through de minimis settlements. The remaining claims were settled pursuant to a confidential settlement agreement, which took more than two years to negotiate and was highly favorable to our client. The action against our client was publicly promoted by environmental activist, Erin Brockovich.; Defended a chemical company in a toxic tort action filed in the Middle District of Florida arising from alleged exposure to contaminants that migrated from a chemical processing facility to Plaintiff's potable water well. Plaintiff resided approximately 600 feet from the facility's property line and 1,700 feet from the phosphogypsum stack and cooling ponds. Plaintiff was diagnosed with acute promyelocytic leukemia, which he alleged resulted from drinking contaminated water. Testing of the well in connection with a Preliminary Groundwater Contamination Report registered significant exceedances of gross alpha and radium 226 and 228 in Plaintiff's well. After conducting intensive discovery of Plaintiff and non-parties, we prepared and served a proposed Rule 11 motion threatening sanctions based on the absence of specific causation. The matter was subsequently resolved for a de minimis settlement.; Defended an environmental justice mass tort brought by the residents of a community seeking damages from an international mining company purportedly resulting from contamination of soil, groundwater, and surface water. GT defended this action without either significant litigation or settlement payment by persuading Plaintiffs that GT's client could not have caused the alleged harm. GT also obtained a voluntary dismissal of crossclaims for indemnification and contribution filed by Co-Defendant.; Defended phosphate company against claims by over 150 Plaintiffs arising out of release of approximately 50 million gallons of process water into the Alafia River.; Defended an action against a chemical company in which Plaintiffs sought to certify a class of individuals who allegedly sustained personal injuries or property damage purportedly caused by discharges of toxic or hazardous substances from the operation of a phosphate and chemical processing facility, or who sought attendant medical monitoring. The trial court denied class certification.; Defended international mining company in an action filed in the Middle District of Florida seeking a recovery of past and future investigative, remediation, and removal costs under Section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act, a declaratory judgment declaring the rights and duties of the parties under CERCLA, and the recovery of cleanup and management costs under Section 376.313, Florida Statutes. A chemical company disposed of low pH wastewater generated in its production of sodium silico fluoride, potassium silico fluoride, and synthetic cryolite. For decades, the chemical company disposed of this wastewater in an inactive drainfield. In the 1970s it began to dispose of its wastewater 5,000 feet below the site's surface using a deep injection well. Plaintiff alleged that the international mining company acquired the contaminated property through a series of mergers and acquisitions and that contaminated groundwater had migrated to a neighboring minority community. GT defended the action based on statute of limitations, bankruptcy discharge, and absence of arranger liability. GT prepared and served Plaintiff's counsel with a proposed Rule 11 motion and the action against our client was voluntarily dismissed.; Defended major national home builder in a putative class action involving allegations that class members were 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.; Sierra Club, et al. v. Army Corps of Engineers, et al. Obtained summary judgment in a federal court challenge to mining at the ' Altman Tract, ' which was filed by the Sierra Club and other environmental groups challenging a Section 404 Clean Water Act permit issued by the U.S. Army Corps.; 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.; Resolved, through a mutually beneficial business transaction, a federal court action against a chemical company involving alleged groundwater contamination of property adjacent to a chemical distribution facility.; White Collar & Government Investigations Matters: Currently representing European financial industry executive in a cross-border conspiracy and tax fraud investigation.; Currently representing a European client in connection with a money laundering investigation arising out of the FIFA soccer corruption scandal.; Currently representing multi-national manufacturing company in a multi-state federal criminal investigation concerning alleged violations of the Resource Conservation and Recovery Act (RCRA).; Obtained declination from the Department of Justice for client who had received a target letter in connection with alleged false statements to a federal agent and violations of RCRA.; Defended European client against conspiracy charges brought in the Southern District of New York involving offshore banking and attendant tax issues. Client was sentenced to time served, which was less than one day in custody, and a term of probation that he subsequently completed.; Represented employees of an international pesticide company, which was the subject of a federal investigation for alleged environmental crimes. The Justice Department pursued criminal charges against the company in connection with catastrophic personal injuries suffered by members of a family who stayed in a resort condominium complex in the U.S. Virgin Islands. The investigation resulted in a plea agreement with the company which included payment of criminal fines, restitution, and a community service project totaling $10 million. None of Greenberg Traurig's clients were charged.; 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 Florida's Judicial Qualifications Commission in over 19 years.; Represented individuals in a federal criminal investigation involving alleged Clean Air Act violations in the District of Puerto Rico.; Defended Chief Officer of foreign flagged ship in vessel pollution prosecution under federal criminal laws.; Represented a multinational corporation in a criminal investigation concerning alleged RCRA violations, as well as civil enforcement involving a proposed penalty of more than $2 million.; Represented client in criminal investigation by the Florida Fish & Wildlife Conservation concerning construction incident that resulted in deaths of protected wildlife and destruction of protected habitat. No charges were filed against our client.; Represented employees of an international pesticide company in connection with a federal investigation of alleged environmental crimes. Our clients were employees of a company that subcontracted one of its fumigation projects to an independent contractor. The U.S. Department of Justice pursued criminal charges against the independent contractor and two of its employees in connection with personal injuries suffered by a family member who lived in a house that was fumigated. The federal investigation resulted in a plea agreement that included prison sentences for the two employees of the independent contractor that had performed the fumigation. No charges were filed against our clients.; Represented senior manager of a chemical plant in a federal criminal investigation arising out of a 20-million-pound chemical release from a Louisiana pipeline.; Represented environmental professionals in the federal criminal investigation of the Lake Apopka bird kill. No charges were filed against our clients.; Defended client in prosecution for conspiracy to violate hazardous waste laws.; Defended a beverage subsidiary of a multinational food service corporation, which was one of 58 named Defendants, in action for conspiracy to defraud, RICO conspiracy, fraudulent misrepresentation, and negligent misrepresentation.; Coverage of representations has appeared in Time Magazine, The Wall Street Journal, The New York Times, The Washington Post, Bloomberg, USA Today, the Associated Press, CNN, BBC News, the Miami Herald, the Orlando Sentinel, the Tampa Bay Times, Florida Trend magazine, Tampa Bay Business Journal, the Daily Business Review, The American Lawyer, Law360, and other print and electronic media.