FacultyFaculty/Author Profile

Hon. Daniel H. Weinstein (Ret.)

JAMS

San Francisco, CA, USA


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.

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 & 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:
    • o 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
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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