Daniel Weinstein


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 has extensive expertise in designing the process and resolving complex, multi-party, high-stake cases.


ADR Experience and Qualifications

-   Designs the process and oversees the resolution of challenging securities class actions,mass torts, intellectual property, patent, 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



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

  • In Re: IPO
  • In Re: KB Home Shareholder Derivative Litigation
  • In Re: Unitedhealth Group, Inc.

-   Class Actions involving borrowers, credit card customers, toxic tort claimants, low costhousing 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 musicgroups, 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

  • In Re: Air Cargo Shipping Services
  • DRAM Antitrust cases
  • Rambus, Inc. v. Nanya Technology Corp.

-   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 theMonterey agreement
  • Western States Natural Gas MDL

-   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


-   Other Complex Matters - Paceco Corp. v. City of Long Beach, public entity litigation; Cityof 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



Honors, Memberships, and Professional Activities

-   Recognized as a Best Lawyer, Alternative Dispute Resolution Category, Best Lawyers in America, 2009

-   Recognized as a Top 40 California Neutral, Daily Journal, 2007

-   Recognized as One of the 500 Leading Judges in America, Lawdragon Magazine, 2006

-   Recognized as One of California's Top 100 Attorneys, Daily Journal, 2004 and 2005

-   American Jewish Committee, Distinguished Learned Hand Award, 2003

-   Selected as the Bay Area’s Most Popular Mediator, The Recorder, 2002

-   Selected as Power Mediator of Year, Hollywood Reporter, 2006

-   Selected as One of California’s Top 20 Mediators, Daily Journal, 2002

-   San Francisco Trial Lawyers Association first recipient, Distinguished Mediator Award, 1999

-   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