September 20, 2021

Volume XI, Number 263

Scott D. Gilbert

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.

Scott currently is deeply involved in all facets of the legal fight against opioids. He is serving a prominent role in state and tribal matters, the National Prescription Opiate Litigation in Ohio, and various bankruptcy matters.

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.
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Articles in the National Law Review database by Scott D. Gilbert

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