David L. Weinstein

David Weinstein is a partner in the Litigation Department of Wildman Harrold, leading the firm’s Employment & Labor Practice. He concentrates his practice in a wide range of employment, labor, and employee fraud and dishonesty matters as well as securities and high-risk adversarial matters within the high-technology, retail, advertising, manufacturing, health care, publishing, and legal industries. He also serves as outside general counsel to a publicly-held manufacturer of nanomaterials and several privately-held retailers, manufacturers, and publishers. With extensive trial experience in both state and federal courts, David has successfully defended complex individual and class actions in multiple jurisdictions, and his three decades of experience advising and defending public- and privately-held employers benefits his clients through early counseling and direction crucial to resolving disputes resourcefully, tactfully, and swiftly.

Representative Experience:

Served as Illinois strike counsel for national telecommunications provider, responsible for obtaining access injunctions, prosecuting and defending NLRB unfair labor practice charges, and handling related litigation connected to labor disruptions and nationwide bargaining negotiations
Obtained favorable federal court and state court jury verdicts on behalf of employers in age discrimination claims arising from termination of officer in corporate restructuring as well as retaliatory discharge suits against retailer
Favorably settled class and collective actions in “bet-the-company” litigation involving matters such as sexual harassment, racial discrimination, and wage-hour violations
Successfully prosecuted and defended injunctions based on non-solicit, non-compete, and related restrictive covenants in employment contracts and asset purchase agreements for employers in such industries as high-technology, recruiting, product distribution, and sales
Obtained summary judgments in numerous suits against employers alleging retaliation, discrimination, FMLA, ERISA, COBRA, and other statutory violations and employment-related tort claims
Often with little or no litigation, recovered in aggregate more than $20 million for employers defrauded by employees in industries including advertising, public relations, retail, manufacturing, publishing, and law. Recoveries were obtained through assets of dishonest employees and those conspiring with them, as well as through crime loss and fidelity insurance.
Conducted internal investigations in multiple industries for employers suspecting improper activities by employees, including illicit use of company computers for trafficking in contraband, employee threats to co-workers or customers, and pirating of confidential information
Through comprehensive representation including effective management of the client’s directors’ and officers’ insurance coverage, as well as strategy coordination with multiple defense firms, successfully defended publicly-held high-tech chemical manufacturer sued in series of federal court securities fraud class actions alleging misrepresentations concerning customer contracts in connection with an initial public offering. These cases were favorably resolved without material adverse impact on the client’s financial condition.
Developed Illinois precedent favorable to corporations as part of defense of corporate officers sued in individual and class state court actions alleging shareholder derivative claims, which clarified the differences between individual and derivative claims under Illinois and Delaware law
Successfully defended a publicly-held high-technology chemical manufacturer in federal court against class action claims of securities fraud alleging misrepresentations concerning revenue reporting. Through focused discovery, aggressive motion practice, and effective management of the client’s director’s and officers’ insurance coverage, the case was won without material adverse impact on the client’s financial condition.

Pro Bono Activity:

For over 20 years, David has volunteered as a consultant to the Community and Economic Development Law Project of the Chicago Lawyers Committee for Civil Rights Under the Law. Through this work, David has advised and trained numerous non-profit employers serving the low-income community on a wide range of employment and labor matters. David also recently served as special pro bono counsel to the Illinois Lawyers Trust Fund, assisting in developing the Fund’s innovative grant program to help Illinois legal aid providers retain their employed staff attorneys.

Publications And Presentations:

David has written extensively on an array of topics important to employers, including employee dishonesty investigations, employee theft insurance, sexual harassment, ADA, retaliation issues, FMLA claims, OSHA standards, employee classification under wage-hour law, employee handbooks, and restrictive covenant enforcement. For links to some of these articles, click here.

Professional Associations:

Chicago Bar Association

Illinois State Bar Association

American Bar Association (Labor & Employment Litigation Sections)

National Institute for Trial Advocacy

Bar Admissions:

Illinois, 1979

U.S. District Court for the Northern District of Illinois (Trial Bar member)

U.S. Tax Court

U.S. Courts of Appeals for the Sixth, Seventh, Eighth and Eleventh Circuits

U.S. Supreme Court

Personal Information:

David is an accomplished jazz guitarist and performs with the Barristers Big Band, a bar-affiliated band of lawyers and judges, as well as other groups. In addition, for more than 18 years he has taught Jewish Law and Ethics at Congregation Hakafa in Glencoe, Illinois.

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