Scott D. Gilbert

Partner

Scott Gilbert brings 40 years of high-profile experience and innovation in complex multi-party dispute resolution to his legal practice.

Scott’s expertise centers around developing cutting-edge initiatives, settlements, and litigation involving insurance, products liability, commercial torts and bankruptcy. His strong leadership and unique legal strategies are reflected in his successful representation of clients on controversial issues such as asbestos, silica, IUDs, breast implants, heart valves, pharmaceuticals, other mass torts, natural disasters and environmental contamination, as well as commercial and professional liability. These matters have involved tens of billions of dollars in claims.

An internationally recognized innovator in the field of strategic alternative dispute resolution (ADR), Scott has crafted creative and workable solutions to some of the most complex legal challenges in the United States and abroad, including mass torts, financial crises, and international relations.

Scott also has served as an expert witness in litigation and in insurance arbitrations in the United States and England, a mediator in complex commercial disputes and an arbitrator in American Arbitration Association (AAA) proceedings. Scott has served as an adjunct professor at the University of Chicago Law School and Duke University Law School, where he has taught Legal Strategy for nearly a decade.

Representative Matters

  • Scott was the primary negotiator and drafter of the Wellington Agreement, one of the largest insurance settlements in US history.  This agreement also established the Asbestos Claims Facility, a ground-breaking claims-resolution and liability-sharing organization for 35 defendants and over 15 insurance entities that processed and resolved billions of dollars of asbestos claims.  Scott served on the Asbestos Claims Facility Board and also founded and served as counsel to the successor organization, the Center for Claims Resolution.
  • Scott founded and served as counsel to the International Policyholders Association, which was instrumental in establishing the first Schemes of Arrangement to restructure and liquidate insolvent insurance companies during the London Insurance Market financial crisis.  Scott and his colleagues also served on the creditor committees established to oversee such operations.
  • Scott has represented more than one hundred mass tort defendants as insurance and/or strategic liability counsel.  These cases have included U.S. and international litigation, arbitration, mediation and negotiations. They have involved the development of the so-called non-products insurance claims that are not subject to the aggregate limits of insurance policies, pre-packaged bankruptcies, corporate realignments, and class action and other global settlements involving defendants, insurers and/or claimants.
  • Scott has represented many large and small law firms facing professional liability and other claims, often related to criminal investigations of prosecutions of such firm’s clients.  In one such matter, Scott facilitated settlement of the multi-hundred-million-dollar underlying claim and subsequent payment of 90% of such settlement by the law firm’s multiple insurers.
  • Scott has represented public figures in connection with government investigations, compliance proceedings, and other disputes, including but not limited to insurance matters.  This includes members of Congress, professionals, recording artists and others.
  • Representing imprisoned U.S. government subcontractor Alan Gross, Scott played a pivotal role in negotiations between the United States and Cuba, leading to the reestablishment of diplomatic relations between the countries, the return to the U.S. of Alan Gross, and the return to Cuba of the so-called Cuban Five.  Subsequently, also on a pro-bono basis, Scott was involved in the negotiations leading to the release of another client imprisoned in Cuba, Amir Hekmati imprisoned in Iran, and William Hyung imprisoned in Vietnam.

Education

  • 1979 — J.D., University of Chicago
  • 1975 — B.A., Northwestern University

Bar Memberships

  • District of Columbia
  • U.S. Supreme Court
  • U.S. Court of Appeals for the District of Columbia
  • U.S. District Court for the District of Columbia
  • U.S. Court of International Trade
  • Cherokee Nation

Professional Affiliations and Honors

  • Recipient of the Center for Public Resources Award for Innovation in Alternative Dispute Resolution
  • Highlighted in Fortune magazine as “the nation’s premier attorney for asbestos defendants seeking reimbursement from reluctant insurance carriers”
  • Recipient of the B’nai B’rith International Commitment to Justice Award, 2009
  • Chambers USA Guide – Leading policyholder insurance attorney in Washington, DC, 2005-2018
  • Best Lawyers in America, Insurance Law, 2006-2019
  • Washington, DC Super Lawyers, 2007-2018
  • Ranked in The Legal Media Group’s Guide to the World’s Leading Insurance and Reinsurance Lawyers, 2008-2018
  • Managing Director, Reneo LLC
  • Member, Board of Directors, American Security Project, a nonpartisan organization dedicated to educating the American public and the world about the changing nature of national security in the 21st century
  • Member, Advisory Board, Washington Legal Clinic for the Homeless