Edward P. Gilbert

• Successfully argued to have a previous decision, which would have prevented retailer, J.Crew, from proceeding the early termination of a multi-year lease agreement, overturned in Appellate Division court (Eastview Mall, LLC v. Grace Holmes Inc., d/b/a J. Crew and J .Crew Group, Inc.)
• Represented Christie’s, Inc. in connection with a dispute concerning the enforcement of restrictive covenants including a non-compete provision.
• Represented a college student accused of sexual assault in a federal court action following a Title IX investigation.
• Successfully resolved a licensing dispute between a Swedish medical device manufacturer and a Canadian medical device distributor.
• Successfully represented fashion retailer Kenneth Cole in connection with an attempt by mall owner Simon Property Group (“Simon”) to prevent the shutdown of Kenneth Cole stores located in Simon malls. Following an evidentiary hearing, the court denied Simon’s motion for an injunction requiring the Kenneth Cole stores to remain open despite the existence of a “continuous operation” provision in the relevant leases.
• Successfully defended a Netherlands-based manufacturer against a multi-million dollar claim. The plaintiff alleged breach of contract and breach of warranty based on an alleged defect in the manufacturer’s product. After trial in California federal court, the manufacturer won a complete victory.
• Represented a former chief executive officer of a publicly traded company in an arbitration concerning the CEO’s wrongful termination. Secured a multi-million dollar award on the CEO’s behalf.
• Represented directors and officers in a Section 10(b) shareholder class action in the United States District Court for the Southern District of New York. Obtained dismissal of all claims against the directors and officers.
• Served as lead counsel for a manufacturer in an insurance coverage dispute in the United States District Court for the District of Rhode Island. The action resulted in a favorable settlement whereby the insurer agreed to fully indemnify the manufacturer.
• Successfully argued appeals in federal and state courts.
• Represented two former managing directors of Lernout & Hauspie Speech Products, N.V. in connection with multiple securities class actions.
• Represented a national airline in connection with an environmental cleanup dispute at John F. Kennedy Airport.
• Served as litigation counsel to the unsecured creditors’ committee in the Schwinn/GT Corp. bankruptcy cases in Denver, Colorado leading to a successful resolution of lender liability claims against the debtors’ senior lender.
• Successfully represented a large investment firm in dual shareholders’ derivative actions pending in New York and Delaware state courts.

American Bar Association