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Gilmore, Danielle L.

Danielle L. Gilmore

Partner

daniellegilmore@quinnemanuel.com
Direct Tel: +1 213-443-3206
Los Angeles
Tel: +1 213 443 3000 Fax: +1 213 443 3100

Danielle Gilmore, Chair of the firm’s National Insurance Recovery Practice and recognized by Law360 as one of the nation’s top insurance recovery lawyers, is an accomplished litigator with over thirty years of experience representing insureds in high-stakes litigation across a diverse range of industries in a broad spectrum of disputes with insurers and insurance brokers.  Danielle’s primary focus is maximizing the value of a client’s insurance.  Danielle has represented policyholders against nearly every major insurer and in a wide range of coverage matters, including coverage for both first-party and third-party losses and liabilities.  With regard to first-party claims, she has obtained coverage for property damage and business interruption losses arising from terrorist bombings, event cancellations, floods, hurricanes, the Covid-19 pandemic, and wildfires, among others.  Danielle has also been instrumental in securing coverage for a range of third-party liability claims, including coverage under commercial general liability (CGL) policies for property damage and bodily injury, directors and officers (D&O) insurance policies, employment practices liability insurance policies, errors and omissions (E&O) insurance policies, representations and warranties insurance policies, and cyber/privacy policies.

Among recent matters, Danielle represented Hakkasan USA Inc. in a bad faith insurance coverage actions against its property insurer and insurance broker for coverage of its business interruption losses due to the Covid-19 pandemic, which was one of the few litigated cases that resulted in recovery by the insured.

Danielle has also managed significant commercial litigation matters over a diverse range of disputes, including those involving fraud, breach of contract, conspiracy, copyright and trademark infringement, and public nuisance.  She has an expertise in complex litigation, including structured finance, securities, business torts, hedge fund-related, and opioid litigation.  When representing Plaintiffs in her structured finance and securities practice, she has appeared against nearly every major financial institution, including in over one hundred cases involving mortgage-backed securities that resulted in over 2 billion dollars of recovery for our clients. 

  • Assured Guaranty Municipal Corp.
  • Avem Health Partners
    Centerbridge Partners, L.P.
  • Computershare Trust Company, N.A.
  • Creative Artists Agency
  • DreamWorks, LLC
  • East West Bank
  • Financial Guaranty Insurance Company
  • Hakkasan USA Inc.
    ImmunityBio
  • International Lease Finance Corporation
  • Jacobs Engineering Group Inc.
    Kamehameha Schools
  • Kaseya
  • Los Angeles Times
  • Legendary Entertainment
  • Masimo Corporation
  • Massachusetts Mutual Life Insurance Co.
  • MBIA Insurance Corporation
  • NantCell, Inc.
  • Occidental Petroleum Corporation
  •  Rescap Liquidating Trust
    Sequoia Capital
  • U.S. Bank National Association
  • Virgin Galactic
  • Yardi Systems

Insurance Recovery

  • Representing Kamehameha Schools, Hawaii’s largest landowner, in connection with securing insurance coverage for wildfire claims arising out of the 2023 Maui wildfires that destroyed thousands of structures and caused over 100 deaths.
  • Represented numerous homeowners in connection with insurance claims and litigation against Southern California Edison arising from the 2018 Woolsey Fire that destroyed over 1600 structures and killed 3 people.
  • Represented Hakkasan USA Inc. in a bad faith insurance coverage action for coverage of its business interruption losses at its restaurants, night clubs and entertainment venues in the United States due to the Covid-19 pandemic.
  • Represented Occidental Petroleum and won a jury verdict establishing liability in an insurance coverage case regarding business interruption losses sustained from over two hundred terrorist bombings of an oil pipeline in Colombia. The case settled for nine figures before the damages phase of the trial.
  • Represented related pharmaceutical companies in connection with obtaining insurance coverage for numerous litigations and arbitrations arising from the development and transfer of rights to an oncology drug candidate and the licensing and development of monoclonal antibodies.
  • Represented Kaseya Holdings in an insurance coverage dispute with AXA XL Insurance Company and Zurich American Insurance Company in connection with its claim for coverage under its cyber insurance policy for first party and third party losses arising out of a ransomware attack.
  • Secured coverage for Aspiro AB dba Tidal following a denial of coverage for the defense costs to respond to a search warrant and investigation by the Norwegian criminal authorities arising out of allegations related to the streaming of certain songs.
  • Represented Platinum Management LLC in a coverage action brought by its excess D&O insurers regarding the advancement of attorneys’ fees and costs for defense of a criminal prosecution by the United States Attorney for the Eastern District of New York, a civil enforcement action by the Securities and Exchange Commission in the same Court, and a parallel civil action in Texas state court.
  • Represented International Lease Finance Corporation in a bad faith insurance coverage action against Certain Underwriters at Lloyd's, London for denial of coverage of the total loss of a Boeing 757 aircraft confiscated and seized by Russian Federation Customs.
  • Obtained a favorable settlement for Jacobs France, a subsidiary of Jacobs Engineering, in an insurance coverage dispute regarding coverage for claims brought by a governmental entity of France alleging negligent design and construction of a state-of-the-art waste incineration plant in eastern France.
  • Secured reimbursement of defense costs for Art.com under a D&O liability insurance policy for the defense of multiple actions brought by former employees arising out of their termination for engaging in illegal price-fixing activity.
  • Represented MHR Advisors, LLC, other MHR entities, and Dr. Mark Rachesky in connection with obtaining coverage for the multiple suits and actions initiated by Carl Icahn and entities controlled by Icahn regarding various transactions that led to Dr. Rachesky and MHR obtaining a large amount of Lions Gate shares.
  • Secured coverage for Dassault Systèmes SolidWorks Corp. (“SolidWorks”) after the insurer withdrew its defense and denied coverage for an action asserting claims against SolidWorks for unfair competition, false designation of origin, false advertising, trademark infringement, trade dress infringement, and unfair business practices, among other claims.
  • Represented Family Dollar Stores in a dispute regarding insurance coverage under a D&O insurance policy for several stock options backdating derivative actions. The case was quickly settled on favorable terms soon after our appearance in the case.
  • Represented The Kor Group, a privately held real estate investment and management company, and negotiated a favorable settlement for coverage of multiple disputes arising out of a construction defect action in which plaintiff sought in excess of $50 million in damages in connection with the sale of a high-rise apartment building and its subsequent conversion to condominiums.
  • Represented Jacobs Engineering in a coverage dispute involving utility service interruptions caused by Hurricanes Ike and Gustav that resulted in millions of dollars of business interruption losses.
  • Secured payment of policy limits on behalf of certain directors and officers of Maxim Integrated Systems under several D&O insurance policies in connection with a stock options backdating derivative action. The insurer’s ultimate participation resulted in a favorable settlement for the directors and officers and Maxim.
  • Secured full insurance coverage for Brud, Inc. after a denial of coverage for an employment practices related claim.
  • Secured insurance coverage for the former CEO of an energy services company under a D&O liability insurance policy in connection with the defense of a criminal action for misconduct brought by the U.S. Department of Justice
  • Represented Coca-Cola Enterprises Inc. in a dispute regarding coverage for a wage and hour class action under an employment practices liability insurance policy.  Obtained a favorable settlement for Coca-Cola.
  • Represented The Walt Disney Company in a matter regarding insurance coverage for underlying idea submission claims that were in excess of $200 million.  Obtained a reversal of summary judgment in the Ninth Circuit, as well as a determination that summary judgment should have been granted in favor of Disney.
  • Represented an Arizona construction developer in an insurance coverage dispute regarding construction defect claims arising out of the construction of the “Shutters Hotel.”  Obtained a reversal of summary judgment.
  • Represented WellPoint Health Networks and Blue Cross of California, obtaining an emergency stay by the California Court of Appeal following a partial summary adjudication finding against the clients.  The emergency stay led to a delay in trial, resulting in a favorable settlement.
  • Represented FMC in a matter involving insurance coverage of environmental claims.  Obtained a jury verdict in its favor.
  • Represented HSI Productions, obtaining insurance coverage for underlying wrongful death claims arising out of a helicopter crash during filming.

Structured Finance, Securities, Hedge Fund-Related, and Other Complex Litigation

  • Represented the Rescap Liquidating Trust, as successor to Residential Funding Company (RFC), in a four-week jury trial in one of over 90 actions in multiple courts in Minnesota and New York against correspondent lenders relating to the origination and sale of defective residential mortgage loans. With a verdict in favor of Rescap after a four-week jury trial, recoveries currently exceed $1.3 billion.
  • Represented investors and Computershare Trust Company, N.A. as Separate Securities Administrator in connection with its pursuit of claims against Natixis Real Estate Capital Inc. for losses in excess of $750 million based on the failure of Natixis to repurchase defective mortgage loans breaching the Representations and Warranties in the relevant transaction documents.
  • Represented investors and U.S. Bank as Trustee in connection with its pursuit of claims against DLJ Mortgage Capital, Inc. and Select Portfolio Servicing, Inc. for losses in excess of $1.1 billion based on the failure of  DLJ to repurchase defective mortgage loans breaching the Representations and Warranties in the relevant transaction documents.
  • Represented Financial Guaranty Insurance Company in connection with its pursuit of claims pertaining to the servicing of mortgage loans underlying various securitizations it insures.
  • Represented investors and U.S. Bank as Trustee in connection with its pursuit of claims against JPMorgan Chase Bank and EMC  Mortgage for losses in excess of $1 billion based on the failure of JPMorgan Chase and EMC to repurchase defective mortgage loans breaching the Representations and Warranties in the relevant transaction documents.
  • Represented multiple investors and U.S. Bank as Trustee in connection with its pursuit of claims against WMC Mortgage Corp. and EquiFirst Corp. for losses in excess of $100 million based on the failure of WMC and EquiFirst to repurchase defective mortgage loans affected by breaches of the Representations and Warranties in the relevant transaction documents.
  • Represented Massachusetts Mutual Life Insurance Co. in connection with its pursuit of claims under the Massachusetts Uniform Securities Act against most major underwriter banks based on misrepresentations in the offering materials for residential mortgage-backed securities.
  • Represented MBIA Insurance Corporation as subrogee to claims under California securities laws of purchasers of residential mortgage backed securities in two separate actions for losses MBIA has incurred in excess of $2.5 billion in connection with securitizations comprised of Countrywide mortgages and IndyMac mortgages respectively.
  • Represented Assured Municipal Guaranty against OneWest Bank for claims of breaches of servicing agreements in connection with residential mortgage-backed securities resulting in losses to Assured in excess of $300 million.
  • Represented Assured Municipal Guaranty as subrogee to claims under California securities laws of purchasers of residential mortgage backed securities for losses Assured has incurred in excess of $235 million in connection with securitizations comprised of IndyMac mortgages.
  • Represented East West Bank in a class action alleging the Bank aided and abetted an alleged Ponzi scheme perpetrated by Terchi Liao and AOB Commerce, Inc.
  • Represented Dr. Enrico Bondi, Extraordinary Commissioner of Parmalat S.p.A., in
    three separate $10 billion lawsuits arising out of the largest bankruptcy in European history against various financial institutions and accounting firms for aiding and abetting Parmalat's insiders in the commission of massive fraud and for auditor malfeasance.
  • Represented Parmalat S.p.A. (the reorganized company) in the In re Parmalat Securities Litigation in the Southern District of New York, which settled favorably for the reorganized company.

  • George Washington University
    (J.D., with honors, 1993)
    • Order of the Coif
    • Journal of International Law and Economics
  • Northwestern University
    (B.S., Radio-Television-Film, magna cum laude, 1989)
  • The State Bar of California
  • United States Court of Appeals:
    • Ninth Circuit
  • United States District Court:
    • Central District of California
    • Southern District of California
    • Northern District of California
    • Eastern District of California
  • Howrey LLP (formerly Howrey Simon Arnold & White, LLP):
    • Partner, 2001-2005
  • Troop Steuber Pasich Reddick & Tobey:
    • Principal, 1999-2000
    • Associate, 1994-1999
  • Judicial Clerk for Chief Justice Joseph F. Baca:
    • New Mexico Supreme Court, 1993-1994
  • Law360 MVP Insurance, 2023
  • Lawdragon 500 Leading Plaintiff Financial Lawyers, 2020-2024
  • “Quarantines and Cancellations in the Age of the COVID-19 Pandemic,” Business Insurance, May 1, 2020
  • Firm Memorandum: Insurance Recovery—Obtaining “Releaf” for the Cannabis Industry, (March 2019).
  • "Insurance Coverage for Trademark and Trade Dress Infringement Claims,"
    Coverage, November/December 2001
  • "Recent Supreme Court Decision A Stinging Loss for the Entertainment Industry,"
    New Matter, Spring 1998
  • "Disputed Property: The Protectibility of Fact-Based Works,"
    Los Angeles Daily Journal, January 26, 1998
  • "Healthy Sampling,"
    LA Lawyer, Entertainment Issue, April 1996
  • "Precision Guided Munitions Demonstrated Their Pinpoint Accuracy in Desert Storm: But is a Country Obligated to Use Precision Technology to Minimize Collateral Civilian Injury and Damage?,"
    26 Geo. Wash. J. Int'l L. & Econ. 109, 1992; reprinted by The Royal Australian Air Force, Air Power Studies Centre, March 1995
  • Women Lawyers Association of Los Angeles
    • Co-Chair Appointive Offices Committee, 2008-2009
    • Member, Joint Task Force with Los Angeles County Bar
    • Association re Retention and Promotion of Women in Law Firms
  • Alumni Admissions Council, Northwestern University