Brian Gibbons, Insurance Attorney in New York

A consummate legal strategist with a well-earned reputation as a formidable opponent who is not afraid to take the right cases to trial, Brian Gibbons knows how to achieve advantageous and cost-effective outcomes for his clients, whether that’s early case dismissal through tactical pleadings and motions, resolution on favorable terms, or, where needed, a jury trial, bench trial or appeal. Brian’s keen ability to identify critical issues, devise effective approaches and leverage those approaches at key decisions points contributes to his successes on behalf of WCM clients in state and federal courts both in New York and nationally.

Brian handles a very wide range of civil litigation, from property and casualty defense, premises liability, personal injury and automobile claims, and employment disputes to lawsuits involving catastrophic injuries and significant property losses. He defends individuals and businesses in complex professional liability cases, advises clients on fraud-based insurance coverage matters and investigates and litigates Jewelers Block policy disputes. Brian also uses his extensive litigation experience to advise clients on risk assessment and allocation and to help them avoid disputes and litigation.

Brian knows his way around a courtroom, having previously served as an assistant district attorney in Bronx County, New York, prosecuting high-level narcotics and violent felonies and trying dozens of cases. He also understands that trials bring risk — one that many clients would prefer to avoid. Clients rely on Brian to cut through the “noise” of complex disputes, uncover the core issues and bring their cases to an optimal conclusion as quickly as possible. A compelling advocate both in the courtroom and at the settlement table, Brian’s direct, commonsense approach and his skill with witnesses, investigators and other experts enable him to clearly and credibly convey the facts and issues at the heart of lawsuits and disputes to judges, juries and adversaries.

Brian prides himself on being a straightforward, practical and trustworthy partner to his clients, guiding them through the complexities and nuances of litigation and explaining issues and strategic choices clearly so that clients — from sophisticated business owners and corporate counsel to individuals, small-business owners and new clients who have never been involved in litigation before — can make informed decisions.

Brian regularly writes and lectures on civil and criminal litigation in New York and on practical trial practice. A Certified Information Privacy Professional, US, (CIPP/US) and a Certified Information Privacy Manager (CIPM), through the International Association of Privacy Professionals (IAPP), he also lectures on cyber liability.

Brian is also the creative voice behind WCM’s social media presence on Twitter (@WadeClarkLaw) and LinkedIn, and he is the resident partner in WCM’s Long Island office.

Select representations:

• Defended property owners against a trip and fall case in New York County involving significant injuries and potential exposure, obtaining the reversal of a lower court order denying summary judgment, and ultimately securing dismissal of the case by successfully arguing that the plaintiff failed to meet his burden in demonstrating that our clients’ actions created a hazardous condition.

• In a motor vehicle accident involving a young adult plaintiff with no prior injuries and a $7 million damages demand, we secured a jury verdict of $300,000 — the amount we initially suggested — after a monthlong damages-only trial in Queens County.

• Defended a builder in a personal injury case alleging that the plaintiff sustained fractures and subsequently underwent surgery after falling down a set of stairs, arguing that the stairs were finemaintaining the pretrial settlement offer in line with our position through jury selection, and finally securing the plaintiff’s agreement to the original offer and settlement during trial.

• Secured summary judgment and dismissal of a plaintiff’s Labor Law §240(1) claim based on the one- and two-family dwelling exemption by pointing out the inconsistencies in the plaintiff’s pleadings and our clients’ entitlement to the statutory exemption.

• Secured a favorable mediated settlement in a significant personal injury case stemming from a plaintiff’s accident on our client’s commercial outdoor staircase, leveraging the absence of any code violations and the plaintiff’s apparent intoxication at the time of the accident to reach a settlement of less than 10% of the verdict value of the claim.

Brian lives in Port Washington, New York, with his wife, Laurie, and four daughters, Elena, Meara, Alice and Olive. Unfortunately for Brian, his track record of success does not always extend to sports. The Gibbons family spends its free time at Citi Field cheering on the Mets and at Belmont Racetrack cheering for (usually the wrong) horses.

Publications

• Plato’s Republic, Churchill and Law Firm Cyber-Liability (September 2019, for DRI)

• We Finally Got A Piece of the Pii: Data Privacy and Cyber Security Litigation in the US: (March 2019)

• Admitting Evidence Obtained through Discovery & Investigation – A Primer for Attorneys and Guideline for Claim Professionals (April 2018)

• The ABC’s of Claims – a Primer for Handling Accidents and Occurrences on NY, NJ and PA. (May 2018) (Co-author with Robert Cosgrove)

Professional Activities

Brian regularly lectures on both civil and criminal litigation in New York, and also on practical trial practice and cyber-liability. In addition, Brian is a member of the following organizations:

• Regis Bar Association

• Nassau County Bar Association

• Defense Association of New York

• Defense Research Institute

• Claims and Litigation Management Alliance

• New York Claim Association