Danielle Gilmore, Chair of the firm’s National Insurance Recovery Practice, is an accomplished litigator with an expertise in high-stakes, complex litigation, including structured finance, securities, business torts, hedge fund-related, and insurance recovery litigation. When representing Plaintiffs in her structured finance and securities practice, she has appeared against nearly every major financial institution, including in over ninety pending and resolved cases involving mortgage-backed securities.
In her insurance coverage practice, 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.
Among recent matters, Danielle represented the ResCap Liquidating Trust in a four-week jury trial in a residential mortgage backed securities-related action arising from the defendant lender’s sale of defective mortgage loans. This trial was one of dozens of separate actions that have thus far resulted in recoveries of over $1.3 billion for the Trust.
- Assured Guaranty Municipal Corp.
- Computershare Trust Company, N.A.
- Creative Artists Agency
- DreamWorks, LLC
- East West Bank
- Financial Guaranty Insurance Company
- Hakkasan USA Inc.
- Hedge and Equity Funds
- International Lease Finance Corporation
- Jacobs Engineering Group Inc.
- Massachusetts Mutual Life Insurance Co.
- MBIA Insurance Corporation
- Monrovia Nursery
- NantCell, Inc.
- Occidental Petroleum Corporation
- Parmalat S.p.A.
- Rescap Liquidating Trust
- U.S. Bank National Association
- Virgin Galactic
- Representing 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 the Rescap Liquidating Trust, as successor to Residential Funding Company (RFC), in a four-week jury trial in one of over 80 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, recoveries currently exceed $1.3 billion.
- 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.
- Representing 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.
- Representing 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 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.
- 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.
- 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.
- Class Action Litigation
- Energy Sector Disputes
- Media & Entertainment Litigation
- Insurance & Reinsurance Litigation
- Lender Liability & Other Banking Financial Institution Litigation
- Litigation Representing Plaintiffs
- Insurance Recovery
- Securities Litigation
- Structured Finance & Derivatives Litigation
- Crisis Law & Strategy Group
- Investment Fund Litigation
- Cannabis Litigation
- Sexual Harassment & Employment Discrimination
- 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
- 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
- “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