Gilbert is an associate in the firm’s Business and Securities Litigation group and a member of the Appeals and Issues group. His practice focuses on appellate litigation, dispositive motions in trial court, and strategic counseling in disputes ranging from class actions to high stakes international commercial matters.
Gilbert has successfully argued appeals in the U.S. Court of Appeals for the Fourth Circuit and the West Virginia Supreme Court of Appeals. He has authored briefs in the Supreme Court of the United States as well as numerous federal and state appellate courts. He also provides strategic counseling on matters in trial courts and alternative dispute resolution. Gilbert has substantial experience on a wide range of issues including class action procedure, financial regulation, environmental law, and labor law.
Before joining McGuireWoods, Gilbert served as a law clerk to Justice Clarence Thomas of the Supreme Court of the United States and Judge William H. Pryor Jr. of the U.S. Court of Appeals for the Eleventh Circuit. He also served as an assistant attorney general working for the solicitor general in the Office of the West Virginia Attorney General. In that role, he focused on appellate matters and defending important state legislation in constitutional litigation. Gilbert also served as an Associate Counsel to the President during the confirmation of Justice Amy Coney Barrett.
Gilbert graduated with high honors from the University of Chicago Law School.
Payne v. Taslimi, 998 F.3d 648 (4th Cir. 2021)
Argued on behalf of a prisoner advancing privacy claims based on the exposure of his private medical information.
Weatherly v. Pershing, LLC, 945 F.3d 915 (5th Cir. 2019)
Authored brief successfully urging the Fifth Circuit to hold that state law governs class action tolling in a diversity case and that Florida law does not recognize class action tolling.
Morrisey v. West Virginia AFL-CIO, 804 S.E.2d 883 (W. Va. 2017)
Authored briefs successfully urging the reversal of preliminary injunction of West Virginia’s right-to-work law.
Hester v. Ballard, 679 F. App’x 273 (4th Cir. 2017)
Argued successfully for denial of habeas corpus in a case involving alleged Full Faith and Credit, Equal Protection, and Due Process violations.
Anstey v. Ballard, 237 W. Va. 411 (2016)
Argued that developments in the investigation of arson were not a basis for a new trial in a state postconviction proceeding. The West Virginia Supreme Court of Appeals upheld the denial of a new trial.
State v. Noel, 236 W. Va. 335 (2015)
Argued that the West Virginia Supreme Court of Appeals should adopt a rule that reasonable suspicion for a stop can be based on a reasonable mistake of law.
Franchise Tax Board of California v. Hyatt, 136 S. Ct. 1807 (2016)
Drafted an amicus brief joined by 44 states urging the Supreme Court to hold that a state is immune from suit in the courts of another state. The Court divided evenly on the question.
Kathryn Barber Returns to McGuireWoods After Clerkship With Justice Ginsburg
December 16, 2019