Hon. Daniel Weinstein (Ret.)

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Hon. Daniel Weinstein (Ret.) is one of the nation’s preeminent mediators of complex civil disputes. He is a pioneer in the development of mediation and teaches and lectures to fellow mediators and lawyers throughout the United States.

Judge Weinstein is recognized as one of the premier mediators of complex, multi-party, high-stake cases, both in the United States and abroad. He is the recipient of the 2014 International Advocate for Peace Award from the Cardozo Journal of Conflict Resolution, whose past honorees have included former Presidents Jimmy Carter and Bill Clinton, Ambassador Richard Holbrooke, and Nobel Peace Prize winner Bishop Desmond Tutu.  

ADR Experience and Qualifications

  • Designs the process and oversees the resolution of challenging securities class actions, mass torts, intellectual property, antitrust, entertainment law, insurance allocation, environmental, toxic tort, professional malpractice, and venture capital partnership disputes
  • Mediates cases with aggregate values of billions of dollars annually (since 1997), while designing innovative processes tailored to unique, complex, and highly sensitive cases
  • Founded CASA (Class Action Settlement Administration), a JAMS subsidiary dedicated to the fair and speedy allocation of settlement funds in large scale matters i.e. the Union Oil Carbide settlement, African American Farmers discrimination claims, and compensation and overtime claims in retail industries
  • Former California Judge and a founder of JAMS, the World’s largest provider of mediation and arbitration services

Representative Matters

Judge Weinstein has successfully mediated the following representative complex cases:

  • Securities cases involving Enron, Homestore, Qwest, Adelphia, Dynegy, Providian, Clarent, and other major NYSE and NASDAQ corporations
  • Class Actions involving borrowers, credit card customers, toxic tort claimants, low cost housing tenants, insurance purchasers, and a wide variety of product liability suits, including:
    • Resolution of the KPMG tax shelter class action cases, hepatitis C blood product class, California Phen-fen litigation, and Manufacturers Life vanishing premium cases
  • Intellectual Property disputes including significant cases involving Apple Computer, Intel, Microsoft, Oracle, Motorola, and Hewlett Packard
  • Entertainment cases involving numerous high profile actors and all studios, major music groups, and entertainers; Rosa Parks v. Outkast defamation case
  • Anti-Trust actions involving price fixing allegations against multinational oil corporations, cosmetic industry companies, and major financial institutions
  • Environmental cases:
    • Hillview Porter; Lockheed; and City of Santa Monica, major environmental superfund cases
    • PCL v. DWR, dispute involving the water resources for the State of California and the Monterey agreement
  • Human and Civil Rights matters including Black Farmers, Doe v. Unocal, Alien Tort claims, civil rights case regarding pipeline construction in Burma, Holocaust restitution, and racial discrimination
  • International matters involving major disputes in the international financial markets:
    • Served as the U.S. Special Representative to Bosnia for privatization to oversee $14 billion transfer of funds to Muslims, Croats, and Serbs (1999-2000)
    • Mediated the Swiss Converium case, the Parmalat case involving American banks, accounting firms, and Parmalat Bank in Italy, and the Shinsei Bank financial disaster in Tokyo, Japan
    • Currently assigned as mediator in the Vivendi litigation
    • Mediated numerous, high dollar figure reinsurance cases in Amsterdam and England, 2006-present, involving all major international insurance carriers
    • Mediated disputes for Volvo and BMW
    • Resolved litigation arising out of Adelphia, Qwest, and Enron financial “meltdowns”
    • Mediated tax shelter cases including international claims involving international accounting firms Deloitte and KPMG, among others
  • Other Complex Matters - Paceco Corp. v. City of Long Beach, public entity litigation; City of Atascadero v. Merrill Lynch, Orange County bankruptcy case; 80 death cases arising out of Alaska Airlines flight #261 crash; and Stull v. Bank of America, involving bank escheats funds

Honors, Memberships, and Professional Activities

  • Recognized as an “ADR Champion,” National Law Journal, 2017
  • Included on "National Mediators" list, Chambers USA America’s Leading Lawyers for Business, 2016-2017
  • Honoree, International Advocate for Peace Award, Cardozo Journal of Conflict Resolution, 2014
  • Recognized as a Best Lawyer, Alternative Dispute Resolution Category, Best Lawyers in America, 2006-2015
  • Recognized as a "Top Master," Daily Journal Top California Neutrals List, 2013
  • Recognized as a "Top California Neutral," Daily Journal, 2002, 2004-2012
  • Northern California Super Lawyer, San Francisco Magazine, 2006, 2009, 2011-2014
  • Recognized as One of the 500 Leading Judges in America, Lawdragon Magazine, 2006
  • American Jewish Committee, Distinguished Learned Hand Award, 2003
  • Selected as the Bay Area’s Most Popular Mediator, The Recorder, 2002
  • San Francisco Trial Lawyers Association first recipient, Distinguished Mediator Award, 1999
  • Board of Directors, Environmental Law Institute, 2009
  • U.S. Representative to the Bosnian Privatization Commission, overseeing the transfer of $15 billion of state-owned assets to the citizens of Bosnia, 1998-2001
  • Co-founder and President of 7 Tepees Youth Program for disadvantaged youth
  • Former Chairman of the Northern California CORO Foundation, No. California Special Olympics, and The Midnight Basketball League
  • Professor, Mediation Advocacy, Stanford University
  • Northern California Selection Commission for Federal Judgeships, Feinstein Committee

Background and Education

  • Superior Court of San Francisco, 1982-1988
  • Associate Justice Pro Tem, California Supreme Court and the First District Court of Appeal, 1984
  • Municipal Court of San Francisco, 1978-1982
  • Chief Assistant District Attorney of San Francisco, 1976-1978
  • Private practice for seven years, specializing in litigation of federal cases
  • L.L.B., cum laude, Harvard University Law School, 1965; B.A., cum laude, Stanford University, 1962

Disclaimer

This page is for general information purposes.  JAMS makes no representations or warranties regarding its accuracy or completeness.  Interested persons should conduct their own research regarding information on this website before deciding to use JAMS, including investigation and research of JAMS neutrals. See More

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