David L. Weinstein

Senior Counsel Chicago
Contact Info

Summary

David has more than 35 years of experience advising and defending public and private companies in employment matters. He 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. David has prosecuted and defended injunctions based on restrictive covenants in employment contracts. In labor matters, he has prosecuted and defended NLRB unfair labor practices charges and handled litigation connected to labor disruptions and nationwide bargaining negotiations.

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 conducted internal investigations for employers who suspect 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.

Another part of David’s practice involves serving as outside general counsel to public and private companies. He has experience with clients in the healthcare, chemical manufacturing, advertising, hospitality, publishing, retail, consumer products, ground transportation, local government, and legal and financial services industries.

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

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.

Awards

  • Honoree, Illinois Super Lawyers, Employment & Labor (2010 - present)

  • Honoree, Leading Lawyers Network, Employment & Labor Law (2012 - 2018)

All Service Areas

Education

  • Northwestern University School of Law (1979)
  • Michigan State University, M.A., Philosophy (1975)
  • Southern Illinois University, B.A., Philosophy (1973)

Admissions

  • State - Illinois
  • Federal - 8th Circuit Court of Appeals
  • Federal - 11th Circuit Court of Appeals
  • Federal - 7th Circuit Court of Appeals
  • Federal - 6th Circuit Court of Appeals
  • Federal - Northern District of Illinois
  • Federal - U.S. Supreme Court
  • Federal - U.S. Tax Court

Professional Affiliations

  • American Bar Association

    Employment and Litigation Sections

  • Illinois State Bar Association
  • Chicago Bar Association