Biography
Hon. Daniel Weinstein (Ret.) is a preeminent international mediator for complex commercial disputes and high-profile entertainment, sports, and intellectual property matters. He is a pioneer in the development of mediation and teaches and lectures to fellow mediators and lawyers throughout the world.
Judge Weinstein is recognized as one of the premier mediators of complex, multi-party, high-stake cases, globally and has brought to settlement some of the largest and toughest securities, environmental, and intellectual property cases of the decade worldwide. He is also the founder of the Weinstein JAMS International Fellowship program which provides opportunities for qualified individuals from outside the United States to study dispute resolution processes and practices in the US in order to advance the practice in their home countries.
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.
Representative Matters
Judge Daniel Weinstein has successfully mediated the following representative complex cases:- International Matters:
- Mediated major disputes involving international financial markets
- Mediated a number of high-profile international cases involving investments including various Madoff-related entities
- Mediated a landmark environmental case involving a group of indigenous people from the Peruvian Amazon vs. a large petro-chemical company
- Mediated complex securities case following public offerings of major Chinese energy and resource companies
- Mediated high-profile international cases involving financial institutions including the Lehman bankruptcy
- Mediated important case between a major toy company and owner and a Japanese video game and platform company regarding ownership of a well-known video game
- 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
- Anti-Trust: actions involving price fixing allegations against multinational oil corporations, cosmetic industry companies, and major financial institutions
- 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
- Entertainment: cases involving numerous high profile actors and all studios, major music groups, and entertainers; Rosa Parks v. Outkast defamation case
- Environmental:
- 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
- Securities: cases involving Enron, Homestore, Qwest, Adelphia, Dynegy, Providian, Clarent, and other major NYSE and NASDAQ corporations
- 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
Completed Virtual ADR training conducted by the JAMS Institute, the training arm of JAMS.
- Recognized as a “Best Lawyer” by 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, 2016-2021
- 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
- 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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- Class Action/Mass Tort
- Employment
- Entertainment and Sports
- Environmental
- Federal Law
- Financial Markets
- Insurance
- Intellectual Property
- International & Cross-Border
- Maritime/Admiralty
- Personal Injury/Torts
- Pharmaceuticals/Mass Tort
- Professional Liability
- Securities
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