The Gilbert Edge
Our specialty is complex dispute resolution, and we bring unmatched insight and innovation to every problem we confront.
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Boy Scouts of America Bankruptcy and Restructuring
Opioid Industry Bankruptcies
Gilbert’s work to combat the opioid crisis extends to the bankruptcy arena.In 2019, Gilbert was appointed by the U.S. Bankruptcy Court for the Southern District of New York as mass tort, deal, and insurance counsel to the ad hoc committee of supporting governmental entities in In re: Purdue Pharma L.P., the bankruptcy proceedings arising out of Purdue’s role in contributing to the opioid crisis. Most recently, following significant analysis of the insurance available to Purdue Pharma L.P., Gilbert LLP and other firms have filed the largest insurance coverage action filed to date concerning opioids (now pending in the United States Bankruptcy Court for the Southern District of New York). In 2020, Gilbert was similarly retained by the ad hoc committee of governmental plaintiffs in In re: Mallinckrodt PLC, the bankruptcy proceedings arising out of Mallinckrodt’s role in contributing to the opioid crisis. Gilbert’s work in both bankruptcies builds on its decades of experience working on major corporate bankruptcies predicated by mass tort liabilities. The Purdue and Mallinckrodt bankruptcies are two of several opioid matters in which Gilbert is involved, including the MDL proceedings in Ohio and litigations by state attorneys general and sovereign Indian tribes against opioid manufacturers, distributors, chain retailers, and others seeking remediation and damages for the U.S. opioid crisis.
Securing Insurance Proceeds From Insolvent Insurer Estates
For companies with claims that trigger historical insurance policies, coverage may have been issued by insurers that have since entered insolvency or rehabilitation proceedings. When that happens, many policyholders may believe that coverage is not available—often based on advice of other counsel. However, Gilbert LLP has been tremendously successful in securing these proceeds.For example, in addition to recovering millions from solvent insurers for a current client, Gilbert LLP continues to pursue and secure recovery from the estates of now-insolvent insurers that issued policies for periods triggered by recent past and pending claims. Such estates have put up roadblocks to recovery, including arguing that a policyholder has failed to meet procedural steps. Gilbert LLP has successfully overcome such form-over-substance arguments made by multiple insolvent estates, and has recovered for this client millions of dollars that other counsel had deemed unavailable