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Edward P. Gilbert

Partner
Edward P. Gilbert's headshot
Edward P. Gilbert Partner

Edward Gilbert is an experienced trial attorney who has handled all phases of litigation for individuals and corporations. He also serves as the firm’s general counsel.

Since joining Morrison Cohen in 1998, Ed has successfully handled a broad range of litigations, including officer and director litigation, partnership disputes, employment litigation and other complex commercial disputes, from pleading through trial verdict and appeal, in both state and federal court. 

A former assistant district attorney with the Manhattan District Attorney’s Office under Robert M. Morgenthau and a member of the DA’s Sex Crimes Unit, Ed has a depth of experience in conducting sensitive investigations involving allegations of sexual misconduct and sexual harassment. During his tenure as a prosecutor, he conducted more than 20 trials. Ed lends this unique experience to his litigation practice, where he frequently conducts internal investigations for public and private companies in numerous areas, including investigations arising from allegations of accounting fraud, executive improprieties, and sexual misconduct, including students and faculty in a Title IX setting.

Ed often represents lawyers and law firms in professional liability matters, such as legal malpractice cases, insurance coverage disputes, and Grievance Committee investigations.

Ed also assists the Bankruptcy & Restructuring Department in litigation matters. He has handled numerous contested bankruptcy matters, including Bankruptcy Rule 2004 investigative proceedings, equitable subordination actions, and fraudulent conveyance/transfer actions.

Experience

  • Successfully resolved a threatened legal malpractice claim against a major national law firm.
  • Successfully resolved a legal malpractice claim on behalf of a group of lawyers against their former counsel.
  • Successfully represented an international law firm in successive actions filed in Chicago and New York in which plaintiff alleged legal malpractice. Won dismissal at the pleading stage in the Chicago action and resolved the New York matter shortly after filing a motion to dismiss.
  • 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 multimillion-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 multimillion-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.

Professional Activities

American Bar Association

Edward P. Gilbert's headshot

Education

  • Brooklyn Law School, J.D.
  • State University of New York at Oneonta, B.A.

Bar Admissions

  • New York

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