Commercial Litigation Criminal Defense: White-Collar Environmental Law Litigation - Environmental
David B. Weinstein
Recognized in Best Lawyers since 2005 Awarded Practice Areas
Biography
David Weinstein is the Managing Shareholder of GT’s Tampa office. With over 30 years of experience, David is a “go to” litigator and strategist for high-stakes and complex civil and white-collar litigation, including business, environmental, toxic tort, real estate, land use, health care, and other challenging matters. An accomplished litigator who takes pride in his courtroom advocacy, David also works to help clients find practical and effective out-of-court approaches to their legal issues whenever appropriate. Drawing on his business experience and acumen, David handles a wide variety of matters and enjoys assisting clients with overcoming their most difficult challenges. In the civil context, he represents clients in class actions, mass torts, and other complex litigation. He also represents organizations and individuals in federal and state white-collar criminal investigations. In addition, David assists clients with developing and implementing crisis management, public relations, and other external and internal communications strategies for both civil actions and government investigations. He has significant “first-chair” trial experience in jury and non-jury trials, as well as arbitrations. David also serves as the Chair of the firm’s Environmental and Toxic Tort Litigation Practice.
David’s versatility and skills are exemplified by his recognition in multiple categories by the most prestigious legal rating services. Both Chambers and Partners USA Guide and The Best Lawyers in America list David in three distinct categories: Commercial Litigation, White-Collar Criminal Defense, and Environmental Law. In 2022, The Legal 500 United States recognized him as one of only seven “Leading Lawyers” nationally in “Litigation - Product Liability and Mass Tort Defense: Toxic Tort.” Who's Who Legal describes him as “a distinguished litigator and a well-known name for civil and white-collar disputes,” and Benchmark Litigation recognizes David as a “Litigation Star.” David is recognized as one of “Florida's Legal Elite” by Florida Trend magazine—which inducted him into its Hall of Fame in 2010. And Florida Super Lawyers has rated David as one of Florida's “Top 100” lawyers seven times.
Ranked in Chambers and Partners USA Guide since 2009, David has been described by clients in the following ways:
- “[A] really fabulous lawyer . . . well-liked by clients . . . the kind of guy you would want leading the charge if you had a problem.”
- “[A] stellar reputation” with a “wealth of expertise in high-stakes civil and white-collar criminal disputes. He offers additional strengths in appellate work, healthcare disputes, and wider business litigation. Interviewees report that he ‘has good judgement and is a pleasure to work with.’”
- “‘[I]ncredibly skilled and adept in the courtroom.’”
- “‘[A] master litigator not only in the thoughtfulness of his drafting and pre-trial work, but also as a great trial attorney.’ He is recognized for his litigation strength in matters including toxic tort class action cases as well as in criminal environmental cases.”
- “[A] respected and very skillful lawyer.”
- “He's top-notch, he's one of the best. If I was accused of a white-collar environmental crime I would use him. He's tenacious, bright and extremely capable.”
David has a long record of service to the legal profession and the community, which include: Member, Board of Directors, Big Brothers Big Sisters of Tampa Bay; Former Member, Board of Trustees, Straz Center for the Performing Arts; Member, Former Chair and current Co-Chair, Environmental Enforcement and Crimes Committee, ABA Section of Environment, Energy, and Resources; and Co-Chair, Criminal Litigation and Enforcement Subcommittee, ABA Environmental Litigation Committee. He is also a member emeritus of the Herbert G. Goldburg-Ronald K. Cacciatore Criminal Law American Inn of Court and a member of the National Association of Criminal Defense Lawyers. A Fourth-Degree Black Belt, David served as the senior instructor of Tampa Moo Duk Kwan, a not-for-profit martial arts club.
David was recently recognized by the Tampa Bay Business Journal as a member of their “Power 100” and in Florida Trend’s “People to Know in Tampa/Hillsborough County.”
Overview
- English
- University of Florida, J.D., graduated 1986
- University of Florida, BSBA, graduated 1981
- Florida, The Florida Bar
- District of Columbia, The District of Columbia Bar
- New York, New York State Bar Association
- American Bar Association - Member, 1987 - Present
- American Bar Association, Section of Environment, Energy, and Resources (SEER) - Vice-Chair, Year in Review, Environmental Enforcement and Crimes Committee, 2015-2023
- Board of Trustees, David A. Straz, Jr. Center for the Performing Arts - Founding Member
- Tampa Bay Economic Development Council - Executive Committee Member, 2018-2020
- Tampa Bay Economic Development Council - General Counsel, 2018-2020
- Tampa Bay Economic Development Council - Board of Directors, 2018-Present
- Board of Directors, Big Brothers Big Sisters of Tampa Bay - Member
- Big Brothers Big Sisters of America, 2019-Present - Outside General Counsel
- Defense Research Institute - Member, Toxic Tort and Environmental Law Committee – Articles, 2021
- National Association of Criminal Defense Lawyers - Member
- Herbert G. Goldburg Inn of Court (Criminal Law) - Member
- The New York State Bar Association - Member
- District of Columbia Bar - Member
- Hillsborough County Bar Association - Member
- The Florida Bar - Member
- State Litigation Advisory Committee, U.S. Chamber of Commerce Litigation Center - Member
- American Bar Association - Member, Trial Practice Committee
- American Bar Association - Environmental Litigation and Toxic Torts Committee
- American Bar Association, Criminal Litigation Committee - Co-Chair, Criminal Litigation and Enforcement Subcommittee, Environmental Litigation Committee, 2009-2015
- American Bar Association, Criminal Litigation Committee - Co-Chair, Civil & Criminal Litigation Enforcement Subcommittee, Environmental & Energy Litigation Committee, 2020-2022
- American Bar Association, Section of Environment, Energy, and Resources (SEER) - Chair, Environmental Enforcement and Crimes Committee, 2012-2013
- American Bar Association, Section of Environment, Energy, and Resources (SEER) - At-Large Vice-Chair, Environmental Enforcement and Crimes Committee, Section of Environment, Energy, and Resources, 2013-2019
- English
- Florida, The Florida Bar
- District of Columbia, The District of Columbia Bar
- New York, New York State Bar Association
- American Bar Association - Member, 1987 - Present
- American Bar Association, Section of Environment, Energy, and Resources (SEER) - Vice-Chair, Year in Review, Environmental Enforcement and Crimes Committee, 2015-2023
- Board of Trustees, David A. Straz, Jr. Center for the Performing Arts - Founding Member
- Tampa Bay Economic Development Council - Executive Committee Member, 2018-2020
- Tampa Bay Economic Development Council - General Counsel, 2018-2020
- Tampa Bay Economic Development Council - Board of Directors, 2018-Present
- Board of Directors, Big Brothers Big Sisters of Tampa Bay - Member
- Big Brothers Big Sisters of America, 2019-Present - Outside General Counsel
- Defense Research Institute - Member, Toxic Tort and Environmental Law Committee – Articles, 2021
- National Association of Criminal Defense Lawyers - Member
- Herbert G. Goldburg Inn of Court (Criminal Law) - Member
- The New York State Bar Association - Member
- District of Columbia Bar - Member
- Hillsborough County Bar Association - Member
- The Florida Bar - Member
- State Litigation Advisory Committee, U.S. Chamber of Commerce Litigation Center - Member
- American Bar Association - Member, Trial Practice Committee
- American Bar Association - Environmental Litigation and Toxic Torts Committee
- American Bar Association, Criminal Litigation Committee - Co-Chair, Criminal Litigation and Enforcement Subcommittee, Environmental Litigation Committee, 2009-2015
- American Bar Association, Criminal Litigation Committee - Co-Chair, Civil & Criminal Litigation Enforcement Subcommittee, Environmental & Energy Litigation Committee, 2020-2022
- American Bar Association, Section of Environment, Energy, and Resources (SEER) - Chair, Environmental Enforcement and Crimes Committee, 2012-2013
- American Bar Association, Section of Environment, Energy, and Resources (SEER) - At-Large Vice-Chair, Environmental Enforcement and Crimes Committee, Section of Environment, Energy, and Resources, 2013-2019
- University of Florida, J.D., graduated 1986
- University of Florida, BSBA, graduated 1981
Client Testimonials
Awards & Focus
Recognized in The Best Lawyers in America® 2026 for work in:
- Commercial Litigation
- Criminal Defense: White-Collar
- Environmental Law
- Litigation - Environmental
Additional Areas of Practice:
- Mass Tort Litigation
Special Focus:
- Class Actions
- Commercial Disputes
- Complex Litigation
- Defendants
- Environmental
- Fraud
- Large Case Litigation
- Mass Tort
- Natural Resources
- Plaintiffs
- White-Collar Criminal Defense
Awards:
- Team Member, a Law360 “Environmental Practice Group of the Year,” 2022
- Listed, Chambers and Partners USA Guide, an annual listing of the world's leading business lawyers and law firms, 2009-2023: “Environment,” “Litigation: White-Collar Crime & Government Investigations,” “Litigation: General Commercial”
- Listed, The Legal 500 United States, 2011-2023:
- Recognized as one of only ten “Leading Lawyers” nationally in Dispute Resolution - Product Liability, Mass Tort, and Class Action - Defense: Toxic Tort, 2021-2023
- Listed, Industry Focus - Environment: Transactional, "Recommended Lawyer," 2023
- Listed, Industry Focus - Environment Litigation, 2016-2022
- Listed, Industry Focus - Environment Regulatory, 2018, 2020-2022
- Listed, Dispute Resolution - Product Liability, Mass Tort, and Class Action - Defense: Toxic Tort, 2011-2014, 2016-2023
- Listed, Dispute Resolution - Corporate Investigations and White-Collar Criminal Defense, 2017-2019
- Listed, Dispute Resolution - Appellate, 2019
- Listed, Benchmark Litigation, “Litigation Star,“ 2023
- Listed, The Best Lawyers in America, 2005-2023: Commercial Litigation; Litigation - Environment; Environmental Law; and Criminal Defense: White-Collar
- Listed, Florida Trend, Legal Elite - Notable Managing Partners, 2023
- Listed, Who's Who Legal, 2013-2022
- Global Leader, Environment, 2013-2022
- National Leader, Florida - Environment, 2013-2021
- Team Member, U.S. News – Best Lawyers, “Law Firm of the Year: Litigation - Real Estate,“ 2022
- Team Member, The American Lawyer, “Florida Regional Litigation Department of the Year,” 2019
- Team Member, a Law360 “Florida Powerhouse,“ 2014, 2015, 2017, 2018, 2021, and 2022
- Listed, Florida Trend magazine, “Legal Elite,“ 2004-2022
- “Hall of Fame,“ 2010-2022
- “Litigation,“ 2021
- “Environmental & Land Use,“ 2004-2022
- Listed, Super Lawyers magazine, Florida Super Lawyers, 2009-2023
- Listed as one of the “Top 100 Lawyers in Florida“ seven times
- Recipient, “Excellence in Writing Award,“ Journal & News Editorial Board, The Florida Bar, 2015
- Listed, “People to Know in Tampa/Hillsborough County,” Florida Trend, November 2020
- Listed, Tampa Bay Business Journal, “Power 100,“ 2021
- Rated, AV Preeminent® 5.0 out of 5.0
News & Media
Case History
Cases
- 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 Sixth Circuit
- U.S. Court of Appeals for the Eleventh Circuit
- U.S. District Court for the District of Columbia
- U.S. District Court for the Eastern District of New York
- U.S. District Court for the Southern District of New York
- U.S. District Court for the Western District of New York
- U.S. District Court for the Southern District of Illinois
- 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
Business Litigation Matters
- Recently achieved an $88 million federal trial victory for an international exporter.
- 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.
- Represented a technology company in an action involving the misappropriation of trade secrets and related misconduct by former employees and a competing company.
- 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).
- 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.
- 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.
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