John Mastando

Partner

Weil, Gotshal & Manges LLP

Current

Current

iJAAL.com, Inc. et al. v. baazee.com, Inc., et al. (U.S. District Court, S.D.N.Y.)Co-lead counsel in successful defense of baazee.com (the “eBay of India,” in which Newscorp’s Star TV is the primary outside investor) and its principals in case seeking over $100 million in damages and asserting claims for breach of oral contract, misappropriation of partnership opportunity, misappropriation of trade secrets, fraud, negligent misrepresentation, conversion and related claims. Following almost two years of discovery, including numerous depositions in Mumbai (Bombay) and New Delhi, India, won a complete defense verdict following a jury trial held in the United States District Court for the Southern District of New York.  Cinram International, Inc., et al. v. Matsushita Electric Industrial Co., Ltd. (U.S. District Court, District of Delaware)Represented Matsushita Electric Industrial Co, Ltd. (“MEI”) in an antitrust case arising out of MEI’s licensing of patents necessary for the manufacturing of digital video discs (“DVDs”). Plaintiff Cinram International, Inc. (“Cinram”), one of the largest manufacturers of DVDs in the world, sought money damages and injunctive relief related to a patent pool through which MEI and other DVD patent holders license their patents for DVD technology. Following almost two years of discovery, including numerous depositions in both the United States and Japan, and also including the translation and exchange of thousands of documents originally prepared in Japanese, the United States District Court for the District of Delaware granted MEI’s motion for summary judgment on the antitrust case. Breckenridge Enterprises Inc. v. Conseco Life Insurance Co., et al. (U.S District Court, S.D. Tex.)  Represented 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.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 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, despite the objection of numerous state Attorneys' General and the American Association of Retired Persons (“AARP”).  Felzenberg v. Travelers Insurance CompanyWon summary judgment in class action in federal court in New Jersey (following removal pursuant to the Class Action Fairness Act) asserting claims for breach of contract in connection with premium rates for long-term care insurance policies. Rivera-Platte v. First Colony Life Insurance Company (First Dist. Court, Santa Fe, New Mexico); Woody v. General Electric Capital Assurance Co. (First Dist. Court, Santa Fe, New Mexico)Co-lead counsel in the defense of nationwide class actions asserting claims for breach of contract, failure to disclose and violations of state unfair and deceptive trade practices statutes.  Forest, et al. v. Penn Treaty American Corp. and Penn Treaty Network America Insurance Company (Fifth Judicial Circuit, Marion County, Fla.)Represent Penn Treaty Network America Insurance Company and Penn Treaty American Corp. in defense of state-wide class action asserting claims for fraud, negligent misrepresentation, breach of fiduciary duty, breach of the duty of good faith, restitution and reformation.

Columbia University

J.D.

1996

Columbia College

B.A.

1993

cum laude

Ethics for Court Attorneys (New York, March 24, 2008) Legal Update Conference

For Your Ethical Consideration (New York, June 20, 2007) New York City Corporation Counsel's Offices, Continuing Legal Education Program

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

The Litigator's Perspective on How to Draft Transactional Agreements so as to Minimize Litigation Risks (New York, May 10, 2006) Weil, Gotshal & Manges Symposium