Shelby S Guilbert Jr

Shelby Guilbert is a Counsel at King & Spalding in the firm’s Business Litigation and International Arbitration Disputes. He represents large businesses and corporations in insurance coverage disputes, complex commercial litigation, and appeals in state and federal courts and domestic and international arbitration.

Representative Experience

• Representing owner of Asian hydroelectric dam project in international arbitration seeking recovery for typhoon-related property damage and delay in start up damages under all-risk insurance policy.
  
  
• Representing First Horizon National Corporation in insurance recovery litigation involving bankers professional liability for claims asserted by a bankruptcy trustee of Sentinel Management Group against First Horizon, its broker dealer affiliate, and certain former officers, relating to the insureds’ alleged wrongful acts in the sale of over $100 million in structured finance products known as PreTSLs.
  
  
• Representing an international manufacturer of chemical additives in multi-state insurance recovery litigation, and successful resolution of litigation with a former parent regarding indemnification obligations under spin-off agreement.
  
  
• Represented Delta Air Lines in ICDR arbitration with former aircraft maintenance supplier.
  
  
• Represented Indian automobile manufacturer in multimillion dispute arising out of distribution agreement in UNCITRAL arbitration sited in London. Obtained victory in London arbitration, and anti-suit injunction and dismissal of related litigation and regulatory proceedings in the United States.
  
  
• Assisted in successful resolution of chemical manufacturer’s insurance claim seeking coverage for toxic tort claims under Pollution Legal Liability policy.
  
  
• Representing a telecommunications company in JAMS arbitration arising out of LLC Operating Agreement, and obtained injunction in aid of arbitration from Georgia state court.
  
  
• Represented Harbert Management Corporation in an arbitration involving claim for retrospective premiums and other costs allegedly owed under historical workers compensation program.
  
  
• Second chair at AAA arbitration resulting in favorable recovery for policyholder under managed care E&O policy for settlement and defense costs from an underlying suit.
  
  
• Represented Kimberly Clark Corporation in federal court in coverage dispute arising under fidelity bond insurance policy
  
  
• Obtained a voluntary dismissal on sovereign immunity grounds of class action against African oil company alleged to have engaged in international price-fixing conspiracy in violation of Sherman Act.

Pro Bono Experience, Bar and Community Involvement

• Member of World Affairs Council of Atlanta Young Leaders Executive Steering Committee and Co-Chair, Programming Committee
  
  
• Vice Chair, Atlanta International Arbitration Society Legislative Working Group.
  
  
• Member, International/London Subcommittee of the ABA Insurance Coverage Litigation Committee
  
  
• Past Member of United Way of Georgia Disaster Preparedness, Response, and Recovery Advisory Board and Georgia Bar Association Young Lawyer’s Division Disaster Legal Services Committee.
  
  
• Provided Historic Oakland Foundation with review of FEMA regulations and National Historic Preservation Act to assist in recovery efforts at Oakland Cemetery in Atlanta, Georgia after March 2008 tornadoes damaged historic monuments and gravesites.
  
  
• Provided pro bono legal assistance to low income victims of tornadoes that devastated historic Atlanta neighborhoods in March 2008.
  
  
• Won favorable settlement of § 1983 action filed in the Eastern District of Louisiana against the USDA and the Louisiana Department of Social Services on behalf of Louisiana Hurricane Katrina victims who were improperly denied Food Stamp benefits.
  
  
• Atlanta City Lead on Appleseed Foundation’s study of Atlanta’s response to Hurricane Katrina evacuees, which was profiled in the New York Times and Newsweek.  Also participated in nationwide comparative study of natural disaster laws and regulations.
  
  
• Volunteer statement taker for the Liberian Truth and Reconciliation Commission.
  
  
• Recognized for pro bono work by numerous publications and media outlets, including the Atlanta Business Chronicle, the Atlanta Journal Constitution, WSB-TV in Atlanta, and WDSU-TV in New Orleans.

Recent Publications and Speaking Engagements

• Practical Tips on How to Maximize Your Insurance — Taking Proactive Steps to Avoid the “Interrelated Claims” Limitation to Coverage, Public Company Advisor Newsletter, September 27, 2012; Law360.
  
  
• Insurance Coverage for Food and Beverage Contamination Claims and Recalls, Client Alert, September 4, 2012.
  
  
• Recent Georgia Coverage Decisions Affecting Policyholders, Client Alert, (August 7, 2012)
  
  
• Tips for Managing Emerging Catastrophic Risks and Supply Chain Disruption, Client Alert, (June 12, 2012)
  
  
• Enactment of the new Georgia International Commercial Arbitration Code Solidifies Atlanta's Status as a Hub for International Arbitration, Client Alert (June 5, 2012)
  
  
• How Do You Protect Your Business When the Sky Really is Falling? Emerging Trends in Property Damage Insurance and Tips for Maximizing Coverage in the Event of Catastrophic Loss, Client Presentation (April 2012)
  
  
• The Intersection of Contractual Indemnity Clauses and Additional Insured Status: You May Have Less Coverage Than You Think; Client Alert (February 23, 2012)
  
  
• Legal Issues for Nonprofits that Work with Children; webcast (September 2011)
  
  
• Update on Recent D&O Coverage Decisions; Client Alert (August 30, 2011)
  
  
• Recent D&O Coverage Decisions: Webinar (August 17, 2011)
  
  
• Insurance as a Resource for Losses Sustained in Japan; Client Alert (June 7, 2011)
  
  
• Maximize Your Insurance Recovery for Losses from Tornadoes, Floods and Other Natural Disasters; Client Alert (May 12, 2011)
  
  
• Panelist NLADA Conference on Panel: “Hurricane Katrina - A Five Year Retrospective.”  (November 2010)
  
  
• Lorman CLE Panelist, “Litigating Oil Spill Claims” (September 2010)
  
  
• Insurance Coverage for Losses Related to the Gulf Oil Spill; Client Alert (May 2010)
  
  
• Is Your D&O Coverage Adequate?; Client Alert (August 2009)
  
  
• Panelist at ABA Equal Justice for All Conference on how defense firms can assist low income victims of natural disasters with their legal needs.  (March 2007)

Mr. Guilbert earned a B.S. in Foreign Service, magna cum laude, from Georgetown University's School of Foreign Service, where he was a Peter F. Krogh Scholar and a 1996 Rhodes Scholarship Finalist from the State of Louisiana.  He received a Certificat D’Etudes Politiques, mention assez bien, from L’Institute D’Etudes Politiques, Strasbourg, France, where he pursued coursework in international law.  Mr. Guilbert earned a M.S. in International Relations with distinction from the London School of Economics, and he graduated from Yale Law School in 2003.  While at Yale, Mr. Guilbert was the Co-Editor in Chief of the Yale Journal of International Law, and he also took witness statements and conducted research in Eritrea for the Legal Advisor to the President of Eritrea in connection with Eritrea-Ethiopia Boundary Arbitration before the Permanent Court of Arbitration at The Hague.  From 2003 to 2004, he clerked for Judge Ed Carnes on the United States Court of Appeals for the Eleventh Circuit.