David B. Weinstein - Greenberg Traurig LLP

David B. Weinstein

Listed in Best Lawyers since 2005

David Weinstein has an active civil and criminal litigation practice, with an emphasis on environmental, toxic tort, real estate, business, health care, and other complex matters. In the civil context, David represents clients in class action, mass tort, multidistrict, and other complex litigation.  In the criminal area, David represents business organizations and individuals in federal, state, and local investigations. He also has substantial experience representing clients in internal investigations involving allegations of fraud, regulatory violations, and other misconduct.  In both the civil and criminal areas, David has substantial experience helping clients develop and implement crisis management and public relations strategies.

David is listed in The Best Lawyers in America in both Commercial Litigation and Environmental Law, as well as in Chambers USA (Band #1), The International Who's Who of Business Lawyers, and The International Who's Who of Environmental Lawyers.  He is recognized as one of "Florida's Legal Elite" by Florida Trend magazine, which inducted him into its Florida Legal Elite Hall of Fame in 2010.  Florida Super Lawyers has rated David as one of Florida's "Top 100" lawyers each year since 2009.  David is rated AV® by Martindale-Hubbell Law Directory, and he was selected by the Tampa Bay Business Journal in 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 Directors, WEDU, West Central Florida's primary public broadcasting station; Chair, Environmental Enforcement and Crimes Committee, ABA Section of Environment, Energy, and Resources; Chairman, City of Tampa Board of Ethics; Member, Florida Chamber Foundation's Six Pillars Caucus system and its Civic & Governance Systems Caucus; 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. Goldberg 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 non-profit martial arts club.

David lectures and writes on a regular basis on environmental, business, and other issues. These have included presentations for the United States Sentencing Commission, the American Bar Association, the Federal Bar Association, the National Association of Environmental Law Societies; the Florida Chamber of Commerce, and The Florida Bar, as well as publications in the Federal Bar News & Journal, The National Law Review, and in 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, and the U.S. District Courts for the Southern and Eastern Districts of New York, the District of Columbia, 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.

University of FloridaBSBA 1981University of Florida Levin College of LawJ.D. 1986
National Association of Criminal Defense LawyersHerbert G. Goldburg Inn of Court (Criminal Law)Florida Chamber Foundation, Civic & Governance Systems CaucusThe New York State Bar AssociationBoard of Trustees, David A. Straz, Jr. Center for the Performing ArtsBoard of Directors, WEDU (west central Florida's leading PBS station)Defense Research InstituteAmerican Bar Association

Case History

Other Court Admissions
  • 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 Southern District of New York
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the District of Columbia
  • U.S. District Court for the Northern District of Florida
  • U.S. District Court for the Middle District of Florida
  • U.S. District Court for the Southern District of Florida
  • U.S. District Court for the District of Puerto Rico

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
Significant Representations
  • Coronet 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. (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)
Part 2
  • U.S. United Ocean Services v. Mosaic Fertilizer: Currently defending Mosaic in an arbitration proceeding before the Society of Maritime Arbitrators in which claimant is demanding approximately $50 million in damages. The claim is for deadfreight allegedly due following a force majeure event declared by Mosaic after mining was enjoined at its South Fort Meade, Hardee County Extension. Two arbitration hearings were completed in 2013, and two additional hearings are expected to occur in 2014. 
  • Mims Properties Investments, et al. v. Mosaic Fertilizer: Currently defending Mosaic in federal court litigation in which plaintiffs filed a sixteen-count complaint alleged 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. As a result of extensive motion practice and other pre-trial advocacy, Plaintiffs’ claims were reduced by more than $40 million and they proceeded to jury trial with approximately $10 million in claims. The jury returned a split verdict and awarded Plaintiffs approximately $1.5 million in damages—less than 3% of what they had originally sought. Mosaic subsequently filed post-trial motions, which remain pending, to further reduce the damages award.
Part 3
  • News Corporation and Fox Television Stations. Defended News Corporation and Fox Television Stations in a class action which arose as a result of national contract negotiations between News Corporation and Bright House Networks regarding its rights to rebroadcast Fox programming, including the Sugar Bowl game, over its cable network. Plaintiffs' request for injunctive relief was denied. 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) 
  • 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.
Part 4
  • 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 U.S. Air Force. Obtained first defense verdict at trial against JQC in 19 years. (See Florida Trend magazine, September 2005)
Part 5
  • 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)
Part 6

  • 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)
  • In 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.

Office Location

101 East Kennedy Boulevard, Suite 1900
Tampa, FL 33602
United States

Practice Areas

Commercial Litigation (Class Actions, Commercial Disputes, Complex Litigation, Defendants, Environmental, Fraud, Large Case Litigation, Mass Tort, Natural Resources, Plaintiffs, White-Collar Criminal Defense)
Environmental Law
Litigation - Environmental

Other Information

Gender: Male