Adam B. Gilbert

My focus

I focus on complex commercial litigation with an emphasis on commercial real estate disputes, including real estate valuation matters (ground lease and space lease rent re-sets in particular), partnership disputes and complex commercial tenancy disputes.

I have tried numerous cases to judgment during my 35 years of practice, including Bass v. Tax Commission, resulting in a $33 million judgment, and Alexander’s v. Board of Assessors, resulting in a $10 million judgment. Recently I tried a number of ground rent re-set arbitrations involving hundreds of millions of dollars.

I routinely rely on the experience I gained while working as general counsel of a publicly traded commercial real estate and financial services company. In my five years as general counsel, I oversaw the adoption of corporate governance initiatives, played a lead role in the acquisition of companies, negotiated retention contracts for senior personnel and directed outside counsel on litigated matters. Having been in my “client’s shoes” for many years provides me with unique perspectives and insights that my clients value.

I also spend a significant portion of my time representing clients in mediations and other forms of alternative dispute resolution. I have conducted proceedings under the auspices of the AAA and JAMS and sometimes craft an ADR procedure tailored to a specific dispute.

Looking ahead

As long as long-term leases with rent renewal clauses remain and markets remain in flux, there will be multi-million dollar disputes over real estate values and the meaning of lease clauses that impact such values.

Insights

• Host Committee & Gala Chair, “Access Justice Brooklyn 2023 Gala,” Access to Justice Brooklyn (October 2023)
• Presenter, "Commercial Leasing Update: How to Dispute and Litigate Fair Market Rent Renewals; Operating Expense & Real Estate Tax Escalations; and Defaults," Webinar (August 2023)