Overview

David Weinstein has over 35 years of experience advising and defending public and private companies in employment matters. David has extensive trial experience in both state and federal courts, and he has defended employers in individual and class, collective and systemic suits in multiple jurisdictions.

Employment and Labor Litigation

David defends employers against:
  • Pattern or practice claims of discrimination
  • Class/collective worker misclassification
  • False Claims Act actions
  • Retaliation
  • Harassment
  • Whistleblowing
  • FMLA
  • ERISA
  • COBRA

David has both prosecuted and defended injunctions based on restrictive covenants in employment contracts.

In labor matters, David has prosecuted and defended NLRB unfair labor practices charges and handled litigation connected to labor disruptions and nationwide bargaining negotiations.

Employee Fraud

David has conducted internal investigations for employers suspecting improper activities by employees, including illicit use of company computers for trafficking in contraband, employee threats to co-workers or customers, pirating of confidential information, and conflicts of interest. He has represented defrauded employers in court, helping them recover an aggregate of over $6 million.

Industry Expertise

David also serves as outside general counsel to a public company and several private companies. He has experience with clients in industries including health care, chemical manufacturing, advertising, hospitality, publishing, retail, consumer products, ground transportation, local government, and legal and financial services.

Securities Litigation

David defends companies and corporate officers in securities fraud class actions and shareholder derivative claims.

Past Experience

Before joining Faegre Baker Daniels, David was a partner at Wildman Harrold in Chicago, where he focused on employment and labor litigation, employee fraud matters, commercial litigation and securities.

Credentials

Bar Admissions

Illinois

Court Admissions

U.S. Court of Appeals for the Eighth Circuit
U.S. Court of Appeals for the Eleventh Circuit
U.S. Court of Appeals for the Seventh Circuit
U.S. Court of Appeals for the Sixth Circuit
U.S. District Court for the Northern District of Illinois
U.S. Supreme Court
U.S. Tax Court

Education

Northwestern University School of Law
J.D. (1979)

Michigan State University
M.A. Philosophy (1975)

Southern Illinois University
B.A. Philosophy (1973)

Insights & Events

Other Perspectives
  • Sizzling Ethical Issues for In-House Counsel
    Faegre Baker Daniels Labor, Employment and Benefits Seminar, Chicago, June 9, 2017
  • Preserving Privilege in Internal Investigations
    Chicago Bar Association Trade & Professional Associations Committee, Chicago, September 13, 2016
  • Summary Judgment in Employment Cases
    Chicago Bar Association, Labor & Employment Law Committee, Chicago, April 13, 2016

Leadership & Community

Pro Bono

  • For more than 30 years, David has volunteered as a consultant to the Law Project of the Chicago Lawyers Committee for Civil Rights Under the Law. Through this work, he has advised and trained numerous nonprofit employers serving the low-income community on a wide range of employment and labor matters. David also 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.

Professional Associations

  • Chicago Bar Association
  • Illinois State Bar Association
  • American Bar Association — Employment and Litigation Sections

Civic Activities

  • Highland Park Pops Big Band — Accomplished jazz guitarist with 17-piece community band, as well as other groups often performing for legal aid and charitable organizations' fundraising events
  • Congregation Hakafa, Glencoe, Illinois — Taught Jewish Law and Ethics for over 20 years

Honors

  • Faegre Baker Daniels — Pro Bono Honor Roll, 2014
  • Illinois Super Lawyers — Employment & Labor, 2012-16
  • Illinois Leading Lawyers — Employment & Labor, 2012, 2016-17
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