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 2016, BTI Consulting Group named Mr. Yohai a “Client Service All-Star” across all practice areas nationwide in its annual survey of corporate counsel. In both 2015 and 2016, Legal 500 recognized Mr. Yohai as among the 14 top-ranked Leading Lawyers nationwide for General Commercial Disputes, where commentators have called him “a seasoned trial lawyer with a great record.” In 2013, Law360 named him a legal “top gun” and “MVP” in media and entertainment law. 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, Discovery Communications, DirecTV, 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, 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. On behalf of Farmers Insurance, Mr. Yohai delivered an argument before the Second Circuit that secured the affirmation of a dismissal with prejudice in April 2017 of an industry-wide Medicare False Claims Act complaint alleging Farmers and other defendants failed to reimburse the government for payments made to Medicare beneficiaries in accordance with the Medicare Secondary Payer Statute; Mr. Yohai also won an affirmation of a dismissal of a parallel action in the Second Circuit in January 2017. In 2015, Mr. Yohai obtained the dismissal of a federal antitrust action alleging that Farmers and others have engaged in anticompetitive behavior and other unlawful conduct in Florida to control and reduce what they pay Plaintiffs for automobile damage repair, labor, and material costs. 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. 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, and represented Westinghouse Electric Corporation in litigation regarding the supply of nuclear power steam generators to utilities around the nation. 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.
Mr. Yohai 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.