David L. Yohai

Partner at Weil, Gotshal & Manges LLP

David L. Yohai

David L. Yohai

Partner at Weil, Gotshal & Manges LLP

Biography

David L. Yohai is co-head of Weil’s Complex Commercial Litigation practice, an approximately 130-attorney group spanning Weil’s US and international offices, and also is co-head of the firm’s insurance litigation practice. He has almost two decades of experience trying and litigating commercial cases, including the successful defense of numerous jury trials with hundreds of millions of dollars at stake.

Mr. Yohai focuses on high-profile commercial, intellectual property and antitrust matters, including class actions, for clients in the entertainment, consumer electronics, insurance, reinsurance, nuclear power equipment supply, and transportation industries. In 2013, Law360 named him a legal “top gun” and “MVP” in media and entertainment law. He also has been the lead lawyer on a number of successful appeals, including cases before the United States Courts of Appeals for the Second, Third, Fifth, Seventh and Tenth Circuits, the New York Court of Appeals, and the Supreme Courts of Illinois, Oregon and Louisiana. Chambers USA and his clients have also recognized Mr. Yohai for his “thoughtful, unpretentious and direct approach” to major litigation.

Over the past several years, Mr. Yohai has represented and counseled The Walt Disney Company, ESPN, Direct TV, A&E Networks, Scripps Networks, ExxonMobil, Farmers Insurance, and United Healthcare in significant, high-dollar value litigations and arbitrations. In 2011, Mr. Yohai won a major jury trial on behalf of ESPN, ABC Cable Networks Group, and other Disney-related entities in a contract case involving over $100 million in alleged damages, and he secured a total victory on a counterclaim worth over $65 million. In 2013, Mr. Yohai repeated that success in securing a jury trial win for ESPN in federal court in New York in a more than $150 million lawsuit brought by Dish Network alleging breaches of certain terms of a licensing agreement. In 2009, Mr. Yohai completely defeated a national class, and then an Illinois class, in a multi-billion dollar antitrust class action brought against ExxonMobil, BP, Shell, Citgo, and Marathon alleging a conspiracy to fix gasoline prices.

Mr. Yohai also has long represented Panasonic and certain of its subsidiaries in all manner of disputes, and is currently defending the company in a major antitrust case involving international cartel price-fixing allegations. He successfully defended Panasonic in antitrust litigation involving the DVD 6C patent pool, obtaining summary judgment for the company on all of the antitrust claims asserted. He also helped secure a total victory for Panasonic after a three-month jury trial in Louisiana state court of fraud and 15 other claims regarding pager technology; plaintiffs demanded over $750 million in damages, and following the jury’s verdict of zero liability for Panasonic, plaintiffs were awarded nothing.

As co-head of Weil’s nationwide insurance litigation practice group, Mr. Yohai has extensive experience representing some of the largest insurance and re-insurance companies in high-profile individual, class, and multi-district litigation. He has obtained favorable dismissals, denials of class certification, and settlements in cases for Farmers Insurance Exchange, United Healthcare, Penn Treaty American Corporation, Conseco Senior Health Insurance Company, The Travelers Insurance Company, and many others. In 2012 and 2013, Mr. Yohai secured several major victories for Farmers Insurance in putative class actions regarding medical payment claims under certain auto insurance policies, including the dismissal of one putative subclass and the denial of class certification in a second matter. Mr. Yohai also achieved a Tenth Circuit victory for Farmers in 2013 following his oral argument on issues related to time limitations in insurance policies. In 2009, Mr. Yohai successfully argued another significant appeal to the United States Court of Appeals for the Third Circuit for Farmers Insurance Exchange upholding dismissal of a nationwide class action. Over the course of his career, he has also served as lead counsel in several large reinsurance arbitrations in which he achieved favorable decisions.

Among his other notable matters, Mr. Yohai has successfully defended the New York Metropolitan Transportation Authority in a challenge brought by Madison Square Garden over the rights to build the New York Sports and Convention Center on Manhattan’s West Side; represented Westinghouse Electric Corporation in litigation regarding the supply of nuclear power steam generators to utilities around the nation; and counseled Paco Rabanne Parfums, Warner/Chappell Music, Sony Music, Arista Records, and others in trademark and copyright infringement matters.

Mr. Yohai has been recognized as a leading commercial lawyer by Chambers USA, and as a New York “Super Lawyer” on multiple occasions. He lectures on topics including federal civil procedure, MDL proceedings, e-discovery, and the attorney-client privilege, including for PLI, and he is a member of the litigation sections of the American and New York State Bar Associations.

Mr. Yohai graduated Phi Beta Kappa and magna cum laude from Princeton University with a B.A., where he majored in the Woodrow Wilson School of Public and International Affairs. He received his J.D. from New York University School of Law, where he graduated as a member of the Order of the Coif and was a note and comment editor of the New York University Law Review. After graduating from law school, he clerked for the Honorable Robert E. Cowen on the United States Court of Appeals for the Third Circuit, where he worked on a variety of civil and criminal appeals.

Overview
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1861

Number of Awards

9

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Managing Partner at Weil, Gotshal & Manges LLP

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Senior Partner at Weil, Gotshal & Manges LLP

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Senior Partner at Weil, Gotshal & Manges LLP

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Executive Partner at Weil, Gotshal & Manges LLP

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General Counsel at Weil, Gotshal & Manges LLP

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Partner at Weil, Gotshal & Manges LLP

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Partner at Weil, Gotshal & Manges LLP

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Partner at Weil, Gotshal & Manges LLP

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Partner at Weil, Gotshal & Manges LLP

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Partner at Weil, Gotshal & Manges LLP

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David L. Yohai
Partner at Weil, Gotshal & Manges LLP
Education
JD, Order of the Coif
Class of 1994

Founded in 1835, New York University School of Law has a record of academic excellence and national scholarly influence. One of the first law schools to admit women, it has been long committed to welcoming students of diverse backgrounds, people who had been discriminated against by many other institutions. Located on the University's campus in Greenwich Village, NYU Law has been a leader, and continues to be, in areas such as law and business, clinical education, public service, interdisciplinary colloquia and global studies.

BA, magna cum laude, Phi Beta Kappa
Class of 1991

The Woodrow Wilson School of Public and International Affairs is a professional public policy school at Princeton University. The school has granted undergraduate A.B. degrees since 1930 and graduate degrees since 1948. The School of Public and International Affairs, as it was originally named, was founded at Princeton in 1930, created in the spirit of Woodrow Wilson's interest in preparing students for leadership in public and international affairs.

Memberships
Member, Litigation Section
Current

American Bar Association provides legal services. It provides law school accreditation, continuing legal education, legal information and other services to assist legal professionals. The firm has members which include judges, court administrators, law professors, and non-practicing attorneys. The company was founded on August 21, 1878 and is headquartered in Chicago, IL.

Member, Litigation Section
Current

The New York State Bar Association (NYSBA) is a voluntary bar association for the state of New York. NYSBA was founded in 1877 with the stated goal to cultivate the science of jurisprudence; to promote reform in the law; to facilitate the administration of justice, and to elevate the standards of integrity, honor, professional skill, and courtesy in the legal profession. Its first President was David B. Hill. Among the reforms in the legislation signed into law creating the association was the removal of the restrictions on the admission of women to the practice of law. In 1896, NYSBA proposed the first global means for settling disputes among nations, what is now called the Permanent Court of Arbitration in The Hague.

Editor, Note and Comment
Prior

The New York University Law Review was founded in 1924, and is a generalist journal publishing legal scholarship in all areas, including legal theory and policy, environmental law, legal history, international law, and more. Each year, it publishes issues in April, May, June, October, November, and December. These six issues contain cutting-edge legal scholarship written by professors, judges, and legal practitioners, as well as Notes written by members of the Law Review. In November 2012, the Law Review launched the New York University Law Review Online, an online supplement to the print version of the Law Review.

Career History
Partner
Current

Founded in 1931, Weil, Gotshal & Manges LLP has been a preeminent provider of legal services for more than 80 years. Widely recognized by those covering the legal profession as best in class, Weil’s lawyers regularly advise clients globally on their most complex Litigation, Corporate, Restructuring, and Tax and Benefits matters. With 20 offices worldwide – 9 in the United States and 11 outside the United States – Weil has been a pioneer in establishing a geographic footprint that has allowed the Firm to partner with clients wherever they do business.

Clerk
Prior

The United States Court of Appeals for the Third Circuit is a federal court with appellate jurisdiction. The court is composed of 14 active judges and is based at the James A. Byrne Courthouse in Philadelphia, Pennsylvania. The court also conducts sittings in other venues, including the U.S. Virgin Islands.

Political Donations
$1,000
2010

Senator from New York

Awards & Honors
Admitted to the New Jersey Bar
Admitted to the New York Bar
Court Admission: U.S. Court of Appeals, Second Circuit
Other Affiliations
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