David Yohai

Partner

Weil, Gotshal & Manges LLP

Current

Current

MSG v. MTA, New York Jets Development, and the City of New York (2005)Successfully defeated challenge brought by MSG seeking an injunction against the MTA with respect to negotiations with the Jets over the rights to build the New York Sports and Convention Center on the West Side of Manhattan. Forest et al v. Penn Treaty American Corp., et al. (2005)Lead counsel on behalf of Penn Treaty in nationwide class action matter. Following two years of discovery, including extensive written discovery and numerous depositions, favorably settled case involving over 200,000 policyholders. Matsushita Electric Industrial Co,. Ltd v. Cinram International Inc. (2004)Defended major antitrust litigation brought against MEI involving the DVD 6C Patent Pool. After a year and a half of discovery, obtained summary judgment against Cinram on all claims asserted by Cinram. Jaco Electronics v. M-Systems, Inc. (2004)Lead counsel for Israeli consumer electronics manufacturer in multi-million dollar fraud and trade secrets matter brought against it. Obtained complete dismissal of all claims asserted. Axcess Global Communications of America Corp., et al. v. Matsushita Electric Industrial Co., Ltd. (2000-2003)Participated as co-lead counsel for the firm in the successful defense of Matsushita Electric Industrial Co, Ltd. (“MEI”) in a three-month jury trial in Jefferson Parish, Louisiana in the summer of 2000. Plaintiffs sought over $750 million in damages in this matter, which arose out of the development and marketing of a new type of FM pager. The Plaintiffs asserted 16 claims, including claims for fraud, bad faith breach of contract, breach of fiduciary duty, product defamation and violations of the Louisiana Unfair Trade Practices Act. Following the conclusion of the multi-month trial, the jury returned an 11-1 verdict awarding Plaintiffs nothing and finding in favor of MEI on all claims presented. Mr. Yohai also successfully defended the case through appeal to the Supreme Court of Louisiana on Plaintiffs’ motion for a new trial based upon alleged juror misconduct. Breckenridge Enterprises Inc. v. Conseco Life Insurance Co., et al. (2003)Lead counsel representing Conseco Life in insurance matter involving allegations of fraud, negligent misrepresentation, negligent hiring and supervision, bad faith and violations of the Texas Deceptive Trade Practices Acts. Plaintiffs claimed over $50 million in purported damages. Following almost two years of heated discovery, achieved favorable settlement for Conseco after filing of dispositive motions. Milkman v. American Travellers Life Insurance Co., et al. - (2002-2003)Represented Conseco Senior Health Insurance Company (“Conseco”) in a nationwide class action, involving over 750,0000 Conseco policyholders, filed in the court of common pleas in Philadelphia, Pennsylvania. As reported in the Wall Street Journal, the case concerned allegations that Conseco had improperly raised the premiums payable by policyholders of long term care insurance, originally issued by American Travelers Insurance and related companies (“ATL”). ATL was purchased by Conseco in 1996. The complaint alleged that at the time the policies were issued by ATL, the premiums were "low balled" in order to induce potential customers to purchase ATL policies, rather than higher priced policies. The complaint asserted claims for fraud, misrepresentation, false advertising, unfair trade practices and violations of various state statutes in the design, marketing, sale and renewal of these policies. Following the filing of dispositive motions, and after depositions of the named Plaintiffs and of Conseco representatives, the parties reached a nationwide settlement resolving the claims of the 750,000 member class. The settlement was approved by the Court, in a 28 page opinion, over the objection of numerous state Attorneys' General and the AARP. Coleman, et al. v. Conseco, Inc. et al. (2003)Lead counsel for Conseco in matter involving over 40 Plaintiffs seeking damages for alleged wrong-doing in connection with the sale and marketing of long-term care insurance policies. Successfully defended action, including achieving dismissal of claims of over 35 Plaintiffs,on motion to dismiss. Successfully settled remainder of case. Iain Fraser, et al. v. Major League Soccer, L.L.C., et al. (2000)Tried multi-month jury trial with partner Jeffrey Kessler in the fall/winter of 2000. In this class action, the firm represented major league soccer players against Major League Soccer (“MLS”), asserting numerous anti-trust violations resulting from MLS’ monopolization, attempt to monopolize and conspiring to monopolize the market for major league soccer players in the United States. In the Matter of the Arbitration of Aurora National Life Insurance Company v.Life Reassurance Corporation of America (1995)Examined witnesses at $75 million reinsurance arbitration representing Life Reassurance Corporation of America (now a division of Swiss Re Life and Health). Working with James Quinn and Bruce Meyer, we achieved a total victory for our client resulting in complete rescission of a multi-year reinsurance treaty with bad claims experience. During the expedited four-month discovery period in this matter, took and defended over fifteen depositions. Paco Sport, Ltd. v. Paco Rabanne Parfums (1995)Examined witness at trial before the Honorable John Sprizzo in the United States District Court for the Southern District of New York. In this case, working extensively with Robert Sugarman and Lynda Braun, represented Paco Rabanne in a matter arising out of the improper use of the brand name “Paco” on clothing manufactured by a company calling itself Paco Sport. PSE&G v. Westinghouse Electric Corporation (1995)Successfully obtained summary judgment for Westinghouse in $400 million matter involving alleged defects in nuclear power steam generator equipment. Following the completion of phased discovery on statute of limitations issues, trial court ruled for Defendant Westinghouse based upon papers I prepared. Matter was settled following appeal by Plaintiffs. Matsushita Electronics Corporation v. Loral Corporation, et al. (1994)Represented Matsushita at this trial, along with partners Jeffrey Kessler and Steve Reiss, involving claims of tortious interference with business relations. Put on witnesses and participated in all aspects of pre-trial preparation, including preparing pre-trial motions, assisting in the preparation of the pre-trial order and the preparation of witness examination outlines.

New York University

J.D.

1994

Princeton University

B.A.

1991

Publication

Publication

Publication

Publication

Complex Commercial Litigation Seminar: The Litigator’s Perspective on How to Draft Transactional Agreements so as to Minimize Litigation Risks Later (May 11, 2006) more

Speaker at Organization for International Investment General Counsel Conference (Washington DC, January 01, 2002)

PLI Lecturer on Federal Civil Practice (January 01, 2002)