David Weinzweig


Former Lewis and Roca Partner
Former Senior Litigation Counsel for the State of Arizona

David Weinzweig has practiced law in Arizona for 20 years, primarily as a Partner with Lewis and Roca LLP, where he led the antitrust and trade regulation practice group and developed broad experience in complex and routine litigation.

He served as Senior Litigation Counsel to the Arizona Attorney General from 2012 to 2017, entrusted to defend the State of Arizona in its highest-profile complex and constitutional litigation and appeals, including a number of class actions.

David defended facial constitutional challenges to state election laws, education laws, free speech laws, criminal laws and capital punishment methods, tax laws, abortion laws, government spending laws, and more. His record of success was unmatched. His work led to precedent-setting opinions in areas ranging from forfeiture to campaign finance reform. He also served on the Attorney General Opinion Committee, which authors published legal opinions in response to formal requests from state and county officials.

David has been recognized in Best Lawyers in America ® and received an AV rating (Preeminent and Outstanding) from Martindale-Hubbell.

David is passionate about legal writing and the art of persuasion. He teaches both subjects to attorneys across the United States in his popular and entertaining Learning Legal Writing from the Luminaries seminar. In his free time, David reads common law decisions authored by iconic judges and exemplary briefs authored by persuasive practitioners, all to improve his craft.

He has made meaningful contributions on important rules and practice committees charged with shaping and reshaping the landscape of state and federal litigation, including the Arizona Supreme Court’s Civil Justice Reform Committee and the Local Rules of Practice Advisory Committee of the U.S. District Court for the District of Arizona.

As a community activist, David helped build and chaired a prominent awards program that recognizes Arizona attorneys for exceptional contributions in public and community service. Under his stewardship, the Judge Learned Hand Program drew huge crowds and notable speakers.

Select Appellate Matters

NAACP, et al. v. Horne, et al., 626 Fed.Appx. 200 (9th Cir. 2016) (argued) (defending class action constitutional challenge to gender-selection abortion law)

Torres, et al. v. Goddard, et al., 793 F.3d 1046 (9th Cir. 2015) (argued) (defending class action constitutional challenge to law enforcement operations targeting human smuggling and narcotics trafficking)

Levinson v. PBS, et al., 495 Fed.Appx. 815 (9th Cir. 2012) (argued) (defending Public Broadcasting System against equal airtime claims of presidential candidate)

Arizona Citizens Clean Elections Com’n v. Brain, 322 P.3d 139 (Ariz. 2014) (defending campaign finance laws)

City of Scottsdale v. State, 352 P.3d 936 (Ariz. Ct. App. 2015) (argued) (defending constitutional challenge to commercial speech and advertising law)

Select Lower Court Matters

First Amendment Coalition v. Ryan, CV-14-01447-NVW (D. Ariz.) (defending constitutional challenge to Arizona’s method of execution from current death row inmates under the Eighth Amendment)

Antigone Books LLC, et al. v. Horne, et al., CV-14-02100-SRB (D. Ariz.) (defending First Amendment challenge to Arizona statute that criminalized “revenge porn”)

Tinsley, et al. v. McKay, et al., CV-15-00185-ROS (D. Ariz.) (defending constitutional challenge to state child welfare department)

In re COYOTES HOCKEY, LLC, et al., CV2009-BK-09488 (Bankr. D. Ariz. 2009) (representing CEO of Research in Motion in an adversary proceeding to acquire National Hockey League franchise) LLC, et al. v. Tix Corporation, CV2009-2362 (D. Nev. 2009) (representing in complex commercial litigation regarding ticket distribution sales on and around the Las Vegas Strip), Inc. v. 1-800 Contacts, Inc., CV2011-0918 (D. Nev. 2011) (representing in complex intellectual property and antitrust litigation against top contact lens retailer)

Select Publications

Co-Author, Chapter 5, Arizona Law, Consumer Protection Law and Developments, American Bar Association (2016)

Co-Editor, Chapter 4, Arizona Law, State Antitrust Practice and Statutes, American Bar Association (3rd ed. 2004)

Co-Author, Chapter 10, Private Suits, Antitrust Law Developments, American Bar Association (2003 Annual Review)

Co-Author, Chapter 30, Benchmarking, Successful Partnering Between Inside and Outside Counsel, Thomson Reuters and Association of Corporate Counsel (2011) (with G. Sonny Cave, On Semiconductor Corporation, Senior Vice-President and General Counsel)

Author, Paradigm Shift: The Meaning of Value for Institutional Clients in a Recession (Summer 2011)

Co-Author, Antitrust Revived: Plaintiff Numbers May Be On Upswing, Arizona Attorney (Dec. 2003)

Select Recognitions

Best Lawyers in America ® Antitrust Litigation (2012)

Martindale-Hubbell ® Preeminent and Outstanding Attorney (2008-2017)

National Leadership Fellow, American Jewish Committee (2005)

Select Professional Activities

Arizona Supreme Court, Committee on Civil Justice Reform, February 2016-Present

U.S. District Court for the District of Arizona, Local Rules of Practice Advisory Committee, 2012-2017

Arizona Attorney Magazine, Editorial Board of Directors, 2007-2009

State Bar of Arizona, Civil Jury Instructions Committee, 2011-2012

State Bar of Arizona, Antitrust Law Section, Chair, 2004-2005, 2009-2010

Judge Learned Hand Awards Program, Chair, 2007-2010

Litigation Experience and Clients

David has represented small and large businesses in a wide spectrum of litigation, including general commercial, antitrust, consumer fraud, securities fraud, common law fraud, bankruptcy, real estate, election, contract, fiduciary duty, product liability, patent, trademark, franchise, unfair trade practices, racketeering, construction and design defect, fraudulent transfer, life and disability insurance defense, tortious interference, defamation, corporate governance, tax, unfair competition, trade secret, employment, immigration, and bad faith matters.

His clients have included Arizona municipalities, multi-national internet retailers, national banks, national and international manufacturers, entertainment companies, medical device companies, hospitals, petroleum companies, insurance companies, buying cooperatives, and construction companies.