Mindy Spector

Partner

Weil, Gotshal & Manges LLP

Current

Current

Milkman v. American Travellers Life Ins. Co.(Pa. Comm. Pl. 2002)Represented Conseco in three nationwide class actions which had been brought on behalf of 750,000 long-term care insurance policyholders. The class actions involved claims of fraud, breach of fiduciary duty and violations of various unfair trade practice statutes in connection with the sale and marketing of these policies. The settlement was widely recognized in the press as being advantageous to Conseco. Currently representing Penn Treaty Insurance in a class action involving long-term care insurance.

Current

Forest, et al. v. Penn Treaty American Corp. and Penn Treaty Network America Insurance Company (Fifth Judicial Circuit, Marion County, Fla.)Defending Penn Treaty in statewide insurance class action in Florida, asserting claims for fraud, negligent misrepresentation, breach of fiduciary duty, breach of good faith, restitution and reformation.

Current

Bartolini, et al. v. Penn Treaty American Corp; Westfall et al. v. Penn Treaty Corp. et al.Defending Penn Treaty entities in two class actions in California involving long-term care insurance. The first case relates to policy premiums and asserts claims under Section 17200 and for fraud and breach of fiduciary duty. We have succeeded in knocking out certain claims on a motion to dismiss and expect to reach a highly favorable settlement shortly. The second case, which is on-going, involves allegedly improper claims handling and asserts claims, breach of implied covenant of good faith, breach of contract, and other claims.

Current

Rivera-Platte v. First Colony Life Insurance Company(First Dist. Court, Santa Fe, New Mexico); Woody v. General Electric Capital Assurance Co.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.

Current

Felzenberg v. Travelers Insurance CompanyDefending 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.

Current

Campbell v. Travelers Life InsuranceSuccessfully represented Travelers Life in a class action brought on behalf of over 220,000 policyholders alleging breach of contract, failure to disclose and statutory claims in connection with “modal premiums.” After extensive litigation, a favorable nationwide settlement was reached. Also representing First Colony Life and GE Capital Assurance in modal premium class actions.

Current

Duquesne Co. v. Westinghouse Electric CorporationWas co-lead counsel in this four-month jury trial which resulted in a complete defense verdict. The case included claims of fraud and breach of contract in connection with Westinghouse’s manufacture and sale of nuclear steam generators. Ms. Spector successfully argued the appeal in the Third Circuit. Also represented Westinghouse in thirteen nuclear steam generator cases around the country. All were successfully resolved.

Current

Rochester Gas & Electric v. General Electric Capital Corp. et al.Represented GE Capital in a 1997 adversary proceeding in the District of New Jersey involving RG&E’s efforts to terminate a long-term output contract with the Kamine co-generation facility which had been financed by GE. During the course of a hearing in federal bankruptcy court, Ms. Spector testified and was qualified by the court as an expert in power plant litigation.

Current

Saatchi & Saatchi v. Litigation SciencesSuccessfully represented the original founders of the jury consultants Litigation Services in a preliminary injunction proceeding brought by Saatchi & Saatchi in California state court seeking to enforce various non-compete agreements.

Current

Andersen Consulting v. Arthur AndersenRepresented Arthur Andersen in the largest ICC arbitration brought by Andersen Consulting. The arbitrator concluded that Arthur Andersen had not breached its agreements with Andersen Consulting and had the right to the Andersen name.

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Furnas S.A. v. WestinghouseCo-lead counsel in this ICC arbitration brought by a Brazilian utility against Westinghouse. The three member arbitration tribunal issued a 165 page opinion in Westinghouse’s favor. In addition to the examination of numerous witnesses, Ms. Spector delivered the closing argument on the fraud related claims.

Current

PSE&G v. WestinghouseSuccessfully argued a motion for summary judgment in Federal Court in New Jersey resulting in the dismissal of the plaintiff utility’s claims on statute of limitations grounds.

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Canal Elec. Co. v. Westinghouse Elec. Corp.,Successfully argued before the Supreme Judicial Court of Massachusetts a certified question from the District of Massachusetts concerning warranty disclaimers and limited remedies.

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CBS Fox Video v. MGMRepresented CBS/Fox video in a breach of contract action in the Southern District of New York concerning the home video rights to theatrical motion pictures.

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Matsushita Electric v. Zenith RadioPlayed an active role in the briefing, both the cert. petition and brief on the merits, in this seminal Supreme Court case regarding the standard for summary judgment.

University at Buffalo

J.D.

1980

Bucknell University

B.A.

1977

magna cum laude

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

Congress on ADR (San Juan, Puerto Rico, November 04, 2001)

International Arbitration Symposium, "International Arbitration Across Three Continents." Sponsored by Weil, Gotshal & Manges, Rajah & Tann, and Derains & Associes. (New York, NY, June 13, 2001)

International Arbitration Across Three Continents (New York, June 13, 2001)

Drafting The Arbitration Agreement (New York, June 13, 2001) International Arbitration Symposium sponsored by Weil, Gotshal & Manges, Rajah & Tann, and Derains & Associates.