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General Biography
Practice Areas
Antitrust & Competition
Class Action & Mass Tort
Construction Defect
Employment Law
Entertainment & Sports
Environmental Law
Federal Law
Financial Markets
Insurance
Intellectual Property
International & Cross-Border
Maritime Admiralty
Personal Injury
Pharmaceuticals & Mass Torts
Professional Liability
Securities
Honors, Memberships, and Professional Activities
Background and Education
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 designated with the highest-level ranking (Band 1) in nationwide mediation by Chambers USA 2016-2024. 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. In January 2020, the Straus Institute for Dispute Resolution, Pepperdine Caruso School of Law, presented Judge Weinstein with the Peacemaker Award, its highest honor. The award was last presented in 2013 to Archbishop Desmond Tutu.
In addition to his active mediation practice, Judge Weinstein is currently the Distinguished Mediator in Residence at Pepperdine and teaching one week every two months. Additionally, he directs the Weinstein International Foundation in its endeavors in conflict resolution and training in the Middle East, Ukraine, Rwanda, Zambia, Peru and other countries throughout the world.
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
Antitrust & Competition
Involving price fixing allegations against multinational oil corporations, cosmetic industry companies, and major financial institutions
Mediated to settlement several antitrust class actions brought on behalf of direct purchaser plaintiffs and indirect purchaser plaintiffs for antirust damages related to alleged conspiracies by competitor-manufacturers to fix prices in the domestic US and international sales and importation of electronic capacitors.
Class Action & Mass Tort
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
Dispute involving Tyson Foods, Inc., Peco Foods, Inc., Fieldale Corp. and George’s Farms Corp alleging the poultry processors engaged in a conspiracy to suppress chicken production and raise prices in violation of federal and state anti-trust and consumer protection laws
Class-action case involving a corroded pipeline that spilled an estimated 15,000 barrels of crude oil into the Pacific Ocean in 2015
Construction Defect
Including a series of complex, multi-party mediations related to a 58-story skyscraper in San Francisco that opened in 2008 and by 2016 had sunk 16 inches and tilted 2 inches
Entertainment & Sports
Involving numerous high profile actors and all studios, major music groups, and entertainers; Rosa Parks v. Outkast defamation case
Environmental Law
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
Intellectual Property
Disputes including significant cases involving Apple Computer, Intel, Microsoft, Oracle, Motorola, and Hewlett Packard
International & Cross-Border
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
Stull v. Bank of America, involving bank escheats funds
False Claims Act mediation between State Farm and realtors that were affected by State Fram’s mischaracterization of wind damage from Hurricane Katrina as flood damage and shifting its losses onto the federal flood insurance program.
Securities
Involving Enron, Homestore, Qwest, Adelphia, Dynegy, Providian, Clarent, Cardinal Health and other major NYSE and NASDAQ corporations
Honors, Memberships, and Professional Activities
Completed Virtual ADR training conducted by the JAMS Institute, the training arm of JAMS.
Recognized as a "Best Lawyers, Mediation," Best Lawyers in America, 2023
Recognized as a “Best Lawyer” by Best Lawyers in America, 2022, 2024
Recognized as a "Best Lawyer," Alternative Dispute Resolution Category, Northern California Best Lawyers in America, 2022
Distinguished Mediator in Residence, Straus Institute for Dispute Resolution, Pepperdine University Caruso School of Law, 2021
Peacemaker Award, Straus Institute for Dispute Resolution, Pepperdine Caruso School of Law, 2020
Recognized as an “ADR Champion,” National Law Journal, 2017-2018
Included on "National Mediators" list,Chambers USA America’s Leading Lawyers for Business,2016-2024
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, 2019
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
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