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GILBERT EDGE

STRATEGY & TRANSACTIONS

We deliver what you need, when you need it.

Gilbert is renowned for helping our clients define their goals and then crafting and implementing strategies that meet or exceed their goals.  Our lawyers have advised clients on matters ranging from recurring business issues to potentially existential threats and have negotiated bilateral business deals and first-impression multiparty settlements. The theme is always the same: we deliver what you need, when you need it.

LITIGATION FINANCE

Gilbert LLP offers a breadth of services to investors, corporations, law firms, and others seeking to understand and participate in litigation finance opportunities.  We routinely advise our clients on all aspects of third-party funding, including investment structuring, contract formation and negotiation, merits and risk analysis, ethics and professional responsibility issues, and other issues critical to the investment process. 

As with all Gilbert practice areas, our goal is to solve problems.  We help clients maneuver the highly complex litigation funding process in a way that results in profitable deals and risk-managed returns for management and interested stakeholders alike.  Our experience in this space is substantial and well-regarded.  Gilbert attorneys have advised and represented publicly and privately held clients in trades and investments involving hundreds of millions of dollars for almost two decades.

The head of our Litigation Finance practice, Chris Leonardo, was selected in March 2024 as one of Lawdragon’s 2024 Global 100 Leaders in Litigation Finance.

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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 of corporate structure and alternative risk transfer mechanisms.

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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 liabilities were contained, the company became a more attractive investment candidate and it subsequently was acquired.

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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 strategic advice to the company regarding a restructuring that preserved its access to insurance coverage.

CURRENT MATTER: ASBESTOS-RELATED CHAPTER 7 BANKRUPTCY

Gilbert LLP continues to be at the forefront of resolving complex disputes between financially distressed policyholders and their insurers.

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