The Gilbert Edge
Our specialty is complex dispute resolution, and we bring unmatched insight and innovation to every problem we confront.
Select Current Matters
Environmental Coverage Dispute
Gilbert LLP was retained by a major electric power company as settlement counsel in connection with pending litigation being handled by another firm. The company is seeking to secure insurance proceeds from more than a dozen insurers for its environmental liabilities related to coal-ash basins at the company’s power plants.
The use of separate settlement and litigation teams can have distinct benefits in resolving complex, multi-party disputes. It is a technique Gilbert lawyers pioneered, both for matters being litigated by other firms, as here, and for matters we litigate ourselves.
Talc Supplier Bankruptcy Case
Gilbert LLP builds on its long experience recovering insurance in mass-tort bankruptcy cases in the Chapter 11 proceeding filed by Imerys Talc America, Inc. (and related companies), a primary supplier of talc to Johnson & Johnson. In June, 2019, Gilbert was retained as special insurance counsel to the Official Committee of Tort Claimants in the Chapter 11 bankruptcy proceedings.
Imerys is facing thousands of lawsuits alleging its products caused ovarian cancer and mesothelioma, and filed for Chapter 11 bankruptcy in February, 2019. Debtors allege that there may be billions of dollars of insurance available to pay these claims, but insurers have disputed their obligations. The ability to recover this insurance will be a significant factor in the ultimate ability of any resulting trust to pay the claims of the individuals injured by Imerys.
Gilbert’s specific experience in this area—recovering contested insurance in the context of a mass-tort bankruptcy case—led the Imerys Tort Claimants Committee to select Gilbert as its insurance counsel. Our skill at the intersection of these disciplines uniquely positions Gilbert to add value by evaluating, preserving, and recovering the insurance in the context of the Imerys proceedings.
Millions of Americans are addicted to prescription opioids, and tens of thousands die annually from opioid overdoses. Across this country every day, children are born opioid-addicted. Indeed, the number of people who take prescription opioids for non-medical purposes is far greater than the number who use cocaine, heroin, and hallucinogens combined.
America is reeling from a massive public health crisis, and Gilbert LLP is a leader in the legal fight to stem the opioid epidemic throughout the nation and to establish effective, long-lasting solutions. We approach this challenge with the same insight, innovation and commitment we bring to every problem we confront, devising and implementing strategic, enterprising paths to the best outcomes possible.
Specifically, the firm represents multiple state attorneys general and sovereign Indian tribes in litigation against opioid manufacturers, distributors, chain retailers and others seeking damages and other relief for their roles in causing and fueling the opioid crisis. Gilbert brings to these cases and other pending opioid-related litigation its considerable experience and successful track record negotiating historic, complex multiparty settlements in mass-tort and other matters. Gilbert also is utilizing its insurance expertise to determine the extent to which insurance may be available to fund potential solutions.