Case studies

Syndicated Investment in Litigation Recoveries

Represented alternative asset manager with over $9 billion in assets under management (AUM) in underwriting and advising on syndicated investment in litigation recoveries exceeding $500 million.

Investments in Mass Tort Related Matters

Represented boutique investment vehicle in connection with investment in mass tort related matters.

Asbestos-Related Insurance Coverage Litigation

In our experience, insurance companies very often contest their contractual duties and obligations to pay mass tort product liability claims facing their policyholders. Gilbert LLP is continuing to lead the fight on behalf of corporate policyholders, trusts and others against insurers in courts throughout the country, including its representation of an internationally renowned manufacturer of […]

Fighting Abuse at U.S. Prisons

Gilbert is partnering with the Washington Lawyers Committee for Civil Rights and Urban Affairs to represent a growing number of incarcerated individuals who are or were housed at the U.S. Penitentiary Lee (USP Lee) in western Virginia. These individuals have suffered physical and sexual assaults, prolonged use of inhumane restraints, racial and psychological abuse, and […]

Fighting for Racial Justice with ACLU of Louisiana

In July 2020, Gilbert LLP partnered with ACLU of Louisiana and a wide range of private firms and law school clinics to tackle the systemic problem of racially discriminatory policing practices. The initiative, called “Justice Lab: Putting Racist Policing on Trial,” aims to bring a wave of lawsuits challenging racially motivated stops, seizures, searches, false […]

Representation and Warranty Coverage

We represented a large innovation and engineering consulting firm in its pursuit of insurance coverage under a representation and warranty insurance policy, a relatively new product on the insurance market. Representation and warranty coverage protects buyers in a merger from loss due to breaches of a seller’s representations and warranties in a merger agreement. In […]

Protecting Tenant Rights in Landlord’s Chapter 11 Bankruptcy

Gilbert attorneys teamed up with Legal Aid to provide advice to tenants whose landlord refused to conduct needed apartment repairs and has filed a Chapter 11 bankruptcy.  Gilbert attorneys lent their expertise to the tenants by providing advocacy during the Chapter 11 plan confirmation process, particularly related to preserving tenants’ rights to continued possession of […]

Obtaining Social Security Benefits

Gilbert LLP has represented numerous individuals applying for Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) benefits.  In a recent example, we represented an individual suffering from numerous serious health conditions who was denied benefits by the Social Security Administration following erroneous findings that he was not disabled.  We worked with him to […]

Opioids Litigation

Gilbert LLP has been actively involved in  the legal battle to confront the destructive opioids crisis in the United States.  In the mid-2010’s Gilbert took a leadership role in representing multiple states attorneys general and sovereign Indian tribes to investigate and litigate claims against opioid manufacturers, distributors, and chain retailers, seeking damages and other relief […]

Opioids Liability Insurance Settlements

Insys was an additional major pharmaceutical company that filed for bankruptcy in the face of over 1,200 lawsuits that sought to hold the company liable for its role in creating the opioid crisis. Gilbert represented the Victims Restitution Trust (the “VRT”), a Delaware statutory trust created pursuant to Insys Therapeutics, Inc.’s Second Amended Joint Chapter […]

Successful Global Resolution in Mass Tort Asbestos Bankruptcy

Gilbert LLP was engaged to represent an asbestos claimants’ committee in a Chapter 11 bankruptcy to maximize the value of settlements negotiated pre-bankruptcy by the Debtor and two of its insurance companies, the proceeds of which would ultimately inure to the benefit of the committee’s claimants.  Prior to filing for bankruptcy, the Debtor had reached […]

Confronting Racially Biased Policing Practices

Working with the national ACLU and the ACLU of Milwaukee, the firm represents the plaintiffs in Collins v. City of Milwaukee, a federal civil rights action against Milwaukee, the Milwaukee Police Department, and the Milwaukee Fire and Police Commission arising out of their failure to ensure racially unbiased policing practices. In 2018, the parties reached […]

U.S. Supreme Court and Appellate Litigation

Gilbert attorneys have drafted and filed amicus curiae briefs before the U.S. Supreme Court on behalf of a wide range of organizations and scholars on a host of critical legal issues. In recent years, Gilbert has submitted briefs in major cases regarding the Affordable Care Act, affirmative action, the Fair Housing Act, and congressional redistricting. […]

Environmental Insurance Coverage Litigation

Environmental remediation of allegedly contaminated industrial sites continues to be a focus of government regulators and a substantial source of potential liability for companies nationwide. Through our representation of a leading manufacturer of building products in multiple litigation proceedings, Gilbert spearheaded our client’s efforts to recover insurance proceeds for defense and remediation costs arising from […]

Securing Release for Prisoners: Spotlight

In February 2025, Gilbert successfully secured parole for a 59-year-old D.C. native who had been incarcerated for three decades.  While the client was recommended parole at his initial hearing in 2023, the U.S. Parole Commission overturned that recommendation, even though the client had a nearly spotless disciplinary record and had become a mentor in prison, […]

Protecting Generational Wealth for Underprivileged Groups

Gilbert LLP has undertaken two pro bono projects to address inequities in so-called heirs property law primarily affecting the African American community.  Specifically, we are actively supporting efforts to enact legislation in the District of Columbia and Maryland to change certain aspects of real estate partition laws that permit speculators to unfairly deprive underprivileged property […]

Settlement of Major Environmental Coverage Dispute Through Mediation

Gilbert LLP was retained as settlement counsel by a Fortune 500 electric power company to resolve insurance claims for substantial coal-ash environmental liabilities arising from its historical operations. Working closely with the client and litigation counsel at another firm, and with the involvement of a mediator, we were able to create litigation pressure points and […]

Insurance Assessment and Strategic Advice for Acquisition, Structuring and Drafting of Captive Policy to Support Transaction

Gilbert LLP was retained by a private equity firm in connection with its acquisition of a company that had potential tort liability arising from certain products it distributed.  Our initial assignment was to assess the applicability of the acquisition target’s existing insurance coverage to respond to potential tort claims against it.  Our work then expanded […]

Trial victory in arbitration resulting in multi-million dollar award

We secured nearly $9 million in coverage from a D&O insurer that refused to adequately fund the settlement of a shareholder derivative litigation.  After defeating multiple efforts by the insurer to dismiss all claims prior to trial, Gilbert prevailed on multiple complex insurance coverage and allocation issues in a week-long trial before a three-arbitrator panel.

Secured Global Insurance Settlement in Asbestos Matter

Following years of litigation in both state and Chapter 11 bankruptcy court on behalf of an insolvent boilermaker, Gilbert LLP secured over $20 million in settlements from insurers to fund a liquidating trust that is expected to pay out its assets to asbestos claimants over several years. A variety of factors made the more common […]

Liquidating Chapter 11 Asbestos Plan

Following years of litigation in both state and bankruptcy court on behalf of an insolvent boilermaker, we secured over $20 million in settlements from insurers to fund a liquidating trust that is expected to pay out its assets to asbestos claimants over approximately 4 years.  A variety of factors made the more common §524(g) plan […]

COVID-19

Gilbert LLP has recently been retained by multiple clients who have suffered pandemic-related business interruption losses to pursue insurance coverage for their claims.  We also have been retained to analyze other corporate insurance policies with respect to potential COVID-19-related claims.  Gilbert’s review consists of analyzing first party property insurance policies to which the clients might […]

Chapter 11 Asbestos-Related Bankruptcy Case

For financially distressed companies with limited resources, an insurance-focused bankruptcy is often the most effective means by which product liability claimants of such companies can be compensated for their injuries. Gilbert’s current representation of a debtor in a Chapter 11 bankruptcy case pending in Washington state is the latest example of Gilbert’s ground-breaking work in […]

SECURING RELEASE FOR PRISONERS

Gilbert LLP helps clients demonstrate to a court, hearing examiner, or federal commission that they are rehabilitated and no longer represent a threat to society, that they should not have been incarcerated in the first place, or that special circumstances necessitate parole, compassionate release, or release through other similar statutes. For example, Since October 2019, […]

Construction Defect Litigation

Disputes among contractors and subcontractors on large scale commercial construction projects are becoming increasingly complex, given the specialization in the field and the substantial sums at issue. Through our ongoing representation of a nationally prominent enclosure contractor in litigation against other participants in a large hospital complex project in Missouri, Gilbert is pursuing recoveries from […]

International Prisoner Cases

Numerous Americans are wrongfully arrested and imprisoned abroad each year.  Securing the release of these individuals requires a complex balance of international diplomacy, domestic advocacy, and media strategy and coordination. Gilbert LLP has successfully obtained the release of numerous U.S. citizens imprisoned abroad, using its strategic expertise and innovative approach to resolve disputes involving the […]

Challenging Unlawful Convictions

On October 1, 2019, Gilbert LLP was appointed by the U.S. Court of Appeals for the Fourth Circuit to represent Randall Tyler in his challenge to the constitutionality of his conviction for murder, conspiracy, and burglary in the Circuit Court for Lexington County, South Carolina.  The Fourth Circuit appoints counsel in a fraction of its […]

Fighting for Fair Housing

Among the dozens of currently pending pro-bono matters, Gilbert LLP represents two long-term tenants—Jerry and P.J.—in their fight to help protect affordable housing in Washington D.C.  For decades, Jerry and P.J. have lived in a large rent-controlled apartment building owned by a local university.  Until recently, the building was a vibrant community populated mostly by […]

Gilbert LLP Files Amicus Brief in North Carolina Gerrymandering Case

Gilbert LLP filed a friend-of-the-court brief on March 8 with the Supreme Court opposing efforts by North Carolina Republicans to gerrymander Congressional districts in their state.  The brief was filed on behalf of Professor Christopher Elmendorf, who is the Martin Luther King, Jr., Professor of Law at the University of California at Davis Law School, […]

Opioids Litigation

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 […]

Protecting Vulnerable People Against Insurance Company Abuse

Relying on our experience litigating against the insurance industry, our attorneys have defended numerous low-income D.C. residents facing automobile-subrogation lawsuits brought by large insurance companies. Recent representations include a lawsuit that our attorneys defended and settled on favorable terms on the eve of trial, and a matter where our aggressive pursuit of discovery revealed facts […]

Secured $60 Million Default Judgment Against Government of Iran

On behalf of our client Amir Hekmati, imprisoned in Iran for five years, we secured a default judgment against the government of Iran and a damages award in excess of $60 million.

Wellington Agreement

One of our lawyers was the primary negotiator and drafter of an insurance treaty (the “Wellington Agreement”) among 35 policyholders and 15 groups of insurers, resolving disputes relating to over $15 billion in coverage for asbestos-related claims.  This treaty shaped the response of insurers to one of the largest mass-tort crises in U.S. history, created […]

Claims Against Government, Contractor And Insurers For Cuban Imprisonment

On behalf of Alan Gross, a U.S. citizen imprisoned by the Cuban government for more than five years, we filed three lawsuits in two federal courts against the U.S. government, a major government contractor, and contractor’s insurers, seeking compensation for his imprisonment. Following intensive negotiations, we achieved a comprehensive settlement for our client on a […]

Successful Anti-trust Action Against Agribusiness Giant

One of our Firm’s partners successfully represented major food producers who purchased citric acid in a price-fixing antitrust action against a global cartel of chemical manufacturers.

Major Recovery from Manufacturers of Corrugated Materials

Our lawyers represented some of the leading household-brand consumer products companies and other large purchasers of corrugated material against linerboard manufacturers accused of participating in a conspiracy to restrict supply and increase prices of linerboard and corrugated products. While the client group was only 25% of the entire class of plaintiffs, total client recoveries of […]

Representation of Major Purchasers of Polyurethane Chemicals in Price-Fixing Litigation

All but one defendant settled pre-trial, and the remaining defendant settled five weeks into trial in New Jersey federal court.  Total client recoveries were approximately $500 million.

Recovery of More Than $2 Billion in Bulk Vitamins Price-Fixing Litigation

One of our Firm’s partners represented a client group of more than 125 large purchasers of bulk vitamins in a variety of industries in litigation against a global price-fixing cartel of vitamin manufacturers.  This representation resulted in recoveries of over $2 billion for the client group.

Challenging Unlawful Convictions

Among the dozens of currently pending pro-bono matters, on October 1, 2019, Gilbert LLP was appointed by the U.S. Court of Appeals for the Fourth Circuit to represent Randall Tyler in his challenge to the constitutionality of his conviction for murder, conspiracy, and burglary in the Circuit Court for Lexington County, South Carolina.  The Fourth […]

PROTECTING RIGHTS OF IMMIGRANTS

Our attorneys provide pro bono assistance to clients on a wide range of immigration issues, including bond hearings, applications for asylum, and other forms of protection against deportation, and additional proceedings before the immigration court.  For instance, we secured a court ruling withholding removal of our client to Guatemala and authorizing his release on bond […]

Fighting Sex Trafficking

We have worked extensively with FAIR Girls, a nonprofit agency headquartered in Washington, D.C., that seeks to prevent the sex trafficking and exploitation of girls and young women aged eleven to twenty-four and to aid survivors through education and empowerment. FAIR Girls does this by providing direct services to survivors; educating groups about prevention, identification, […]

Defending Auto Subrogation Lawsuits

We have defended numerous low-income D.C. residents facing automobile-subrogation lawsuits brought by large insurance companies. Recent representations include a lawsuit that our attorneys defended and settled on favorable terms on the eve of trial, and a matter where our aggressive pursuit of discovery revealed facts that led the insurer to dismiss the lawsuit against our […]

Advocating For Students With Special Education Needs

Our attorneys regularly represent parents whose children have special education needs that are not being met by the Washington, D.C. public school system (“DCPS”). These representations include working with school faculty on improvements to a student’s Individualized Education Program, advocating before school administrators for school transfers, and litigating with DCPS when necessary to improve a […]

Securing Insurance Coverage for Consumers

Our lawyers have represented individual consumers in insurance-coverage disputes that are small by the industry’s standards but life-altering to the clients.  In one recent case, we assisted a low-income client whose credit card company refused to provide the rental car coverage he was owed when his rental car was stolen.  After extensive negotiations, the credit […]

Housing Court Cases

We regularly represent clients on housing matters, including in the DC Superior Court Landlord & Tenant Branch, on the DC Superior Court Housing Conditions Calendar, and before D.C. Housing Authority administrators.  In a recent example, our attorneys filed a housing-conditions case on behalf of a client whose house was roach-infested, ultimately negotiating a payment from […]

FIGHTING FOR FAIR, SAFE, AND AFFORDABLE HOUSING IN D.C.

We regularly represent clients on housing matters, including in the DC Superior Court Landlord & Tenant Branch, on the DC Superior Court Housing Conditions Calendar, and before D.C. Housing Authority administrators.  For example, our attorneys recently litigated on behalf of tenants to preserve affordable housing in a large apartment building after the landlord pushed out […]

Prosecuting Commercial Claims For Needy Clients

We routinely represent low-income clients who need counsel to pursue commercial claims through litigation.  For example, we represented a travel agent owed $20,000 for plane tickets she purchased on behalf of a customer who failed to pay, leading her employer to deduct $20,000 from her paycheck, and rendering her unable to pay for a semester […]

Counseling Nonprofits on Insurance Issues

We have advised dozens of nonprofits with respect to the scope of coverage under their existing insurance portfolios as well as the purchase of new lines of insurance coverage.  These coverage reviews frequently include suggesting improvements that eliminate unintentional gaps in coverage, reduce redundancy, or simply clarify that the desired risk transfer has been achieved.  […]

Wrongful Detention by Foreign Government

In May, 2019, Gilbert attorneys helped secure the release of Todd Leininger, a U.S. citizen who had been imprisoned in Venezuela on questionable charges since 2014.  Although a Venezuelan court ordered our client’s release in May of 2018, Venezuelan authorities had refused to release him solely based on his American citizenship.  Gilbert attorneys worked for […]

Multi-Million Dollar Recovery Following Two Appeals in Attorneys’ Fee Dispute

We won two appeals to the Fourth Circuit in a multi-million-dollar case in which a former client contended that their law firm, which they had discharged following a successful jury trial that resulted in an eight-figure verdict for the client, was entitled to only a fraction of its hourly fees in a quantum meruit (that is, the […]

Representation of Employer in Fair Labor Standard Act Litigation

In a matter of first impression before the United State District Court for Delaware, we successfully eliminated a plaintiff’s entitlement to damages in a wage-and-hour lawsuit, establishing that the plaintiff was judicially estopped because he had made inconsistent representations in a contemporaneous bankruptcy proceeding.  While the ruling permitted the bankruptcy trustee to recover in the […]

Representation of Public University in Americans with Disabilities Act Investigation

We represented a public university in connection with an investigation commenced by the USDOJ into the accessibility of the university’s campus to persons with disabilities.  This work involved negotiations with DOJ over alleged accessibility violations as well as development of a plan for remedying alleged violations.

Defense of Public University in Civil Rights Actions

We successfully defended a public university in numerous employee lawsuits alleging that the university had violated the employees’ civil rights in employment-related decisions.  This work included representation before trial and appellate courts at the state and federal levels.

Eight-Figure Judgments Against Foreign Companies and Governments

Our lawyers obtained a trial verdict and damages award in excess of $25 million against Chinese and Dubai companies for copyright infringement.

Mechanism to Allow First Imports into the U.S. of Cuban Products in 60 Years

Our lawyers navigated U.S. Treasury and Commerce regulations, negotiated with U.S. distributors and banks, and negotiated agreements with the Cuban government to import Cuban artisanal charcoal into the United States.  The charcoal, produced by private cooperatives in Cuba, is the first Cuban product to be imported and sold in the United States since the Cuban […]

Release of U.S. Prisoners Held Abroad

Following our successful efforts to secure Alan Gross’s release from Cuban prison, we have played a key role in negotiating the release of four other Americans imprisoned abroad.  We negotiated directly with the Cuban government and obtained the release of an American who had served 15 years of a 25-year sentence for attempting to smuggle […]

Negotiated to Free American Held Prisoner in Cuba

On behalf of Alan Gross, a U.S. citizen imprisoned by the Cuban government, we filed three lawsuits in two federal courts against the U.S. government, a major government contractor, and contractor insurers, seeking compensation for his imprisonment. Our work facilitated negotiations between Cuba and the U.S. to secure our client’s freedom, and ultimately to begin […]

Policy Negotiation and Placement

Our attorneys have provided advice to major companies, as they negotiated the terms of errors and omissions and directors and officers insurance coverage.  Our work in this area has included assessing risk profiles, drafting policy language, and negotiating coverage terms with insurance brokers and insurers.

$200 Million Liability Insurance Recovery for Prominent International Law Firm

We recovered more than $200 million through several mediations with our client’s insurers and the underlying plaintiff group, resulting in the resolution of all outstanding claims against our client.

Major E&O Recovery

As insurance counsel to a post-bankruptcy trustee, we recovered nearly $50 million in E&O insurance coverage.

Insurance Settlement in Residual Value Coverage Dispute

In the midst of a five-week arbitration, we recovered, through settlement, approximately $100 million for an automobile distributor seeking insurance coverage for residual value losses on a large portfolio of leased vehicles.  In the course of the dispute, we secured rulings that our client could pursue its claims directly against the reinsurers, bypassing its own […]

Massive Insurance Recovery for Tort Defendant

As the settlement team in insurance coverage litigation for a medical device manufacturer, our lawyers recovered more than $1.5 billion in insurance proceeds to pay claims against our client.

Corporate Restructuring

Our attorneys were insurance and risk management counsel to a public company with significant mass tort liability.  Working with co-counsel, we were instrumental in proposing and implementing a successful corporate restructuring plan that allowed our client to pursue business opportunities more effectively while simultaneously managing its mass tort exposure.

Over $1 Billion in Insurance Payments for Product Liability Claims

We resolved all coverage issues and secured more than $1 billion in insurance for a multinational building materials company with significant mass tort liability.

Litigation Resulting in Full Recovery from 19 Insurance Groups without Trial

Our attorneys were insurance counsel to a large manufacturer of air-purifying respirators, heat-protective clothing, and other safety equipment in an action against its insurers for coverage of tort claims alleging personal injury from exposure to asbestos, silica, and coal-mine dust.  Our aggressive litigation and creative settlement approaches allowed us to resolve coverage issued by all […]

$425 Million in Product Liability Coverage

As insurance counsel to a Fortune 50 company facing multiple streams of product liability claims, we negotiated a $425 million insurance settlement with a group of twelve insurers to be utilized over ten years to pay defense and liability costs incurred on such claims.

Pioneering Pursuit of Billions of Dollars in Mass Tort “Non-Products” Claims

Through litigation in state and federal courts and arbitration fora, we pioneered the pursuit of so-called “non-products” coverage for mass tort bodily injury claims.  The insurance industry had attempted to restrict its obligations for mass tort bodily injury claims to so-called “products” coverage, which generally is subject to aggregate limits of liability.  In contrast, “non-products” […]

Record-Breaking Settlement With State Insurance Guaranty Fund

We prosecuted a claim against a state insurance guaranty fund and settled the case for the largest amount ever paid by that guaranty fund on a single policyholder claim.

Groundbreaking Ruling Against Insolvent Insurer

We secured a $30 million judgment in an insurer liquidation proceeding requiring an insolvent insurer to estimate and pay our client’s future (so-called incurred-but-not-reported, or IBNR) tort claims.

Reform of Midland Liquidation Process

Our attorneys led a group of policyholder attorneys in seeking changes in procedures to expedite payments in the Midland Insurance Company Liquidation, which were ultimately accepted by New York officials.  Our attorneys, again working cooperatively with other policyholder counsel, successfully litigated the issue of whether restrictive NY law applied to all claims submitted to Midland […]

U.K. Schemes of Arrangement

Working with insurance liquidation officials in London, which hosts a massive insurance marketplace covering U.S. and worldwide risks, our lawyers developed new protocols under existing U.K. statutes to ensure that reinsurance assets in insurer liquidation proceedings were recovered efficiently and were then equably distributed to policyholders.  The first such “scheme of arrangement” in 1993 was […]

Unprecedented D&O Insurance Recovery to Compensate Victims of International Securities Fraud

We obtained millions of dollars in directors and officers insurance proceeds through an alternative dispute resolution process on behalf of a receiver for a defunct Chinese company that defrauded U.S. investors.  In this novel case, Gilbert was able to secure insurance proceeds despite multiple prior default judgments finding the policyholder had engaged in a massive […]

Insurance Funding for Historic Shareholder Derivative Claim Settlement

We recovered without litigation $75 million in directors and officers insurance proceeds to fully fund one of the largest shareholder derivative claims in U.S. history.  Gilbert successfully obtained this recovery despite vehement insurer opposition to the underlying derivative settlement based on their contentions that they had no coverage obligations, because the alleged settlement was unreasonable, […]

Hundreds of Millions Recovered for Securities Class Actions Claims

We negotiated recovery of hundreds of millions of dollars in directors and officers insurance proceeds to fund settlements of securities class action claims asserted against a Fortune 500 company.  In doing so, we overcame insurer objections that the underlying securities settlements were not covered, should be related to earlier claims and paid by other policies, […]

Substantial Recovery from Released Insurers

We recovered more than $10 million for a CEO, CFO, and other officers who had been completely cut out of the company’s court-approved insurance settlement by filing extra-contractual tort claims against more than a dozen insurers, ultimately resulting in multiple settlements.

Excess-of-Loss Policy

As counsel to a major asbestos defendant that was undervalued and unattractive as a potential acquisition because of the uncertainty surrounding its future asbestos liability, we drafted and helped negotiate an excess-of-loss policy providing an additional $800 million of coverage over a predetermined future liability.  Because this policy reassured the market that the company’s asbestos […]

Insurance Due Diligence for M&A Activity

We have regularly represented private equity and public companies in connection with their mergers and acquisition activity.  As part of the acquisition team, we develop strategy related to all aspects of potential liabilities, insurance, and risk management, with particular focus on product liability and directors and officers exposures.  Our strategic approach involves a broad review […]

Swift Resolution of Insurer Objections to Secure Exit Financing

Our debtor client faced three separate liability streams, over one dozen insurer objections, and significant time pressure to reach confirmation in order to maintain favorable financing.  Our lawyers negotiated resolution with every insurer-objector within three weeks, garnered support of all tort claimant representatives and facilitated our client emerging successfully from bankruptcy.

U.S. And U.K. Insolvency Proceedings

We represented a U.S. policyholder that had a U.K. subsidiary with significant tort liability in both the U.S. and the U.K.  This entity, which had purchased a policy with an aggregate limit of nearly a billion dollars covering both itself and its U.S. subsidiaries, sought protection of both U.S. and U.K. insolvency laws and cases […]

Successful Mass Tort Bankruptcy and Coverage Case

We represented an asbestos trust in litigation in state court against two insurers that had refused to settle during the bankruptcy proceedings that led to the formation of the trust.  Issues included whether the trust’s predecessor could assign insurance rights to the trust and the reasonableness of the settlement that resulted in the creation of […]

Groundbreaking “Pass Through” Settlement

After securing more than $100 million for a mass-tort-claimants’ committee, we negotiated a first-of-its-kind settlement that permitted the resulting trust to retain its disputed claim against a recalcitrant insurer, without delaying confirmation.

Resolution of International Medical Implant Claims in Bankruptcy Case

We led settlement negotiations that resolved class action cases asserting thousands of medical implant claims against a U.S. company in bankruptcy.  These settlements, which were incorporated into the overall reorganization plan, resolved the vast majority of the international claims in the U.S. reorganization case.

Resolution and Funding of Dental Malpractice and Fraud Claims

On behalf of a bankruptcy committee representing thousands of children injured by dental malpractice, we developed a unique trust structure that permitted claims to be valued in the tort system, but also maintained the trust’s ability to maximize insurer funding and streamline the administration of claims after values had been established.

Represented Tort Creditors’ Committee in Major Automotive Bankruptcy

We represented the tort creditors’ committee in an automotive manufacturing bankruptcy, advising and negotiating with the U.S.-based debtors and their international parent to obtain the full value of international insurance.

Recovered $425 Million from One Insurer on Non-Product Asbestos Claims

Following vigorous litigation and court-ordered mediation, we recovered for an asbestos trust $425 million from a primary insurer with single-million aggregate limits. Our lawyers were among the first to identify and pursue so-called non-products claims under general liability insurance policies, thereby obtaining access for clients to separate and potentially unlimited pools of insurance coverage.

Prepackaged Bankruptcy with Over $500 Million in Insurance Assets

In connection with our representation of a small installation contractor, we recommended, developed, and oversaw a prepackaged bankruptcy strategy, as well as pursuit of non-products coverage after most products coverage was exhausted.  Our strategy resulted in insurance recovery in excess of $500 million and approval of a favorable Chapter 11 plan of reorganization.

Successful Fraudulent Transfer Claim on Behalf of Floor Tile Manufacturer

Our lawyers successfully brought a fraudulent transfer lawsuit on behalf of a bankrupt asbestos defendant against a Canadian company that we alleged stripped all the assets out of our client to avoid paying asbestos-related bodily injury claims.

Corporate Restructuring and Insurance Funding to Guarantee Company Survival

We represented a small, closely-held insulation and roofing contracting company that was facing bankruptcy as a result of its asbestos-related liabilities.  In helping to ensure the company’s continued survival, we undertook a multi-faceted approach whereby we (a) obtained millions of dollars in insurance proceeds to pay asbestos-related claims from solvent and insolvent insurers, and (b) provided […]

Hundreds of Millions in Coverage to Secure Exit Financing

We represented a debtor in a mass-tort-related bankruptcy case that faced significant time pressure to reach confirmation to comply with its DIP (debtor-in-possession) lender’s requirement to maintain favorable financing.  Within three weeks, our lawyers negotiated a resolution of every insurer objection related to three separate liability streams on terms satisfactory to the debtor and consented […]

Settlement of Post-Bankruptcy Insurance Claims

We represented an asbestos trust in litigation in state court against two insurers that had refused to settle during the bankruptcy proceedings that led to the formation of the trust.  Following years of vigorous litigation, both insurers settled on terms favorable to our clients.

Prepackaged Bankruptcy with No Insurer Objections

We represented an ad hoc committee of asbestos plaintiffs to negotiate hundreds of millions of dollars of insurance settlements and a pre-negotiated plan of reorganization that incorporated those settlements.  This allowed the debtor to confirm a bankruptcy plan without insurer objections and our clients to access a trust with hundreds of millions of dollars available […]

Pioneered Asbestos Prepackaged Bankruptcy Cases

We designed, negotiated, and implemented a prepackaged plan of reorganization under which the client contributed its insurance rights and proceeds to a trust to pay asbestos claims and the client’s asbestos-related bodily injury liabilities were discharged.  We settled more than a quarter of a billion dollars of insurance coverage to fund the trust, and subsequently […]

No Insurer Standing In Asbestos Bankruptcy Cases

We created a leading precedent by having the bankruptcy court limit insurer objections to asbestos debtor plans.

“All Sums” Decision In Illinois

Our attorneys were retained to represent a policyholder in an Illinois asbestos bodily injury coverage case that had been pending more than five years.  We persuaded the trial court to overturn its previous orders from before our representation and hold that an insurer was obligated to pay “all sums” for claims triggering its policy – […]

Oil-Spill Liability Fund Settlement

Our lawyers negotiated a substantial settlement of a claim against a statutory oil-spill compensation fund in connection with one of the world’s largest oil spills in U.S. waters.

Negotiated Multi-Billion Insurance Settlement and Established Asbestos ADR Facility

Our lawyers were the primary negotiators and drafters of an insurance settlement agreement among 35 policyholders and 15 groups of insurers resolving disputes over $15 billion in coverage. This agreement created an insurer and defendant administered claims facility for asbestos-related claims and incorporated a cutting-edge use of ADR for resolution of insurance disputes over the […]

$24 Million to Settle Ponzi Scheme Case Without Litigation

We utilized a combination of insurance collections and payments from an indemnifying former corporate parent to fund the settlement of claims asserted by a receiver and a putative class of investors arising from one of the largest Ponzi schemes in United States history.

Multi-Million Insurance Recovery for Receiver Against Chinese Company

We recovered millions of dollars on behalf of the receiver for a defunct China-based media company through international mediation and arbitration of insurance disputes and claims against the company’s former professionals.

Coverage For Pharmaceutical Company’s Product Liability And Mass Tort Litigation

We served as insurance counsel to a Fortune 500 medical products company with significant product liability and mass tort exposure related to artificial heart valves, hip and knee replacements, and pharmaceutical products.  We resolved all outstanding insurance coverage issues related to these claims under a multi-billion-dollar insurance portfolio.

$80 Million Fund for Sexual Abuse Claims Against Catholic Diocese

As insurance counsel to a class of claimants suing a Catholic diocese for negligent supervision of employees who had engaged in sexual abuse, we negotiated a settlement with the Diocese’s insurers to create a settlement fund and appropriate distribution procedures for class members.