Gilbert is a member of the firm’s Litigation Practice Group.  He devotes most of his time to media matters and commercial litigation. Gilbert leads the firm’s media and communications lawyers, who represent both local and national media in a wide range of matters, including defense of defamation and privacy actions and other newsgathering tort claims, prosecution of access litigation, opposition to subpoenas and attempted prior restraints, contract negotiations and disputes, and a variety of other media-related matters.

He is a graduate of Harvard Law School (LL.M., 1974), the University of Alabama School of Law (J.D., 1973), where he was a member of Order of the Coif and served as Editor-In-Chief of the Alabama Law Review, and Vanderbilt University (B.A., 1968).

Gilbert currently serves on the task force created by the Alabama legislature to study Alabama’s public records laws. He is also a member of the Board of Visitors for the University of Alabama College of Communication and Information Sciences, the Board and Executive Committee of the Alabama Center for Open Government, and the Defense Counsel Section of the Media Law Resource Center. Gilbert is listed in The Best Lawyers in America and Super Lawyers and has been recognized by the Birmingham Business Journal as one of its Best of the Bar.

  • Alabama Open Public Records Study Task Force
  • Board of Visitors of University of Alabama College of Communication and Information Sciences
  • Board of Directors for the Alabama Center for Open Government, Inc.
  • Best Lawyers in America and Super Lawyers-First Amendment Law
  • Former president, Leadership Birmingham Members Council
  • Former member, Board of Directors for the United Way of Central Alabama
  • Former Chairman, Birmingham Chapter of the American Red Cross
  • Former Chairman, Board of Governors of Indian Springs School
  • Johnston Barton, Leader, Media Litigation Team
  • Johnston Barton, Executive Committee
  • Johnston Barton, Former Managing Partner

Significant Cases and Matters Handled:

  • [N.B.: A number of other firm lawyers also pulled the oar in these cases, including former partners Jim Barton, Sr., and Holly Barnard, whose many years of contributions continue to benefit the firm.]
  • Landmark cases construing Alabama’s open meetings law: Miglionico v. Birmingham News Co., 378 So. 2d 677 (Ala. 1979); and Dale v. Birmingham News Co., 452 So. 2d 1321, 10 Media L. Rep. 2011 (Ala. 1990)
  • Landmark cases construing Alabama’s public records law: Stone v. Consolidated Publishing Co., 404 So. 2d 678 (Ala. 1981); and Chambers v. Birmingham News Co., 552 So. 2d 854, 16 Media L. Rep. 2490 (Ala. 1989)
  • Karrh v. New York Magazine Co., No. CV-76-P-0435-W (N.D. Ala. 1976) (dismissal of libel claim)
  • George C. Wallace v. National Lampoon, Inc., No. CV-77-M-0878 (N.D. Ala. 1978) (obtained summary judgment for defendants in libel action by sitting governor)
  • Ex parte Birmingham Post-Herald, 373 So. 2d 1234 (Ala. Crim. App. 1979) (assisted in obtaining writ of certiorari reversing and vacating criminal contempt sanctions for violation of prior restraint order)
  • Leonard v. Talladega Daily Home, No. CV 77-206 (Ala. 1979) (obtained jury verdict for defendants in libel action by probate judge and county commission chairman)
  • Pemberton v. Birmingham News Co., 482 So. 2d 257, 12 Media L. Rep. 1465 (Ala. 1985) (clear and convincing evidence of actual malice required at all stages of proceedings in libel actions by public officials or public figures)
  • Birmingham News Co. v. Hobbie, No. CV 85-1797 PR (Ala. 1985) (obtained injunction requiring media access to records for state vehicle license plates)
  • Roberts v. Birmingham News Co., No. CV 80-1955 (Ala. 1986) (obtained jury verdict for defendant in libel action by former police officer arising from city hall bombing)
  • Birmingham News Co. v. Deutsch, No. CV 85-504-132 JDC (Ala. 1986) (obtained injunction against police chief prohibiting denial of media access to arrest reports)
  • Birmingham News Co. v. Cooper, No. CV 86 504-895 MC, 13 Meida L. Rep. 1655 (Ala. 1986) (obtained injunction requiring disclosure of votes cast by state ethics commission members in resolution of ethics charge in connection with gubernatorial campaign)
  • Birmingham News Co. v. Birmingham Racing Comm., No. CV-87 501-622MC (Ala. 1987) (public corporations are subject to both open meetings and public records laws)
  • Birmingham News Co. v. Swift, No. CV-88-1390-G (Ala. 1988) (obtained injunction against clerk of state house of representatives and secretary of state senate requiring media access to telephone usage records)
  • Long v. Cooper, No. CV-85-P-0801-S (N.D. Ala. 1989) (obtained jury verdict for defendants in libel action against trade journal based in British West Indies)
  • Birmingham News Co. v. Folsom, No. CV 88-1591-G (Ala. 1989) (obtained stipulation by sitting lieutenant governor prohibiting closed meetings by state senate)
  • Birmingham News Co. v. Coleman, No. CV 89-723 (Ala. 1990) (obtained injunction against city council prohibiting meeting in closed session to discuss purchase of real estate)
  • Wyatt v. British Broadcasting Corp., No. CV 89-7753 (Ala. 1990) (obtained summary judgment in privacy action based on the documentary, Let Us Now Praise Famous Men Revisited)
  • Cofield v. The Wall Street Journal, No. CV 90-5179 MC (Ala. 1991) (obtained summary judgment for defendant in privacy action)
  • Bell v. Birmingham News Co., 576 So. 2d 669, 18 Media L. Rep. 1791 (Ala. Civ. App. 1991) (first-ever award of attorneys’ fees in Alabama public access case)
  • Birmingham News Co. v. Ward, No. CV 90 9338 (Ala. 1991) (obtained injunction against housing authority commissioners prohibiting meeting in executive session to interview applicants for employment)
  • Reeves v. Motley Crue, Inc., 1991 U.S. Dist. LEXIS 19379; 21 U.S.P.Q. 2d (BNA) 1587 (N.D. Ala. 1991) (dismissal of trademark infringement claim)
  • Bedingfield v. Birmingham News Co., 595 So. 2d 1379 (Ala. 1992) (obtained injunction, and affirmance on appeal, requiring city finance director to disclose internal audit report)
  • Ex parte Consolidated Pub. Co., Inc., 601 So. 2d 423, 20 Media L. Rep. 1105 (Ala. 1992) (obtained writ of mandamus requiring trial court to permit public access to pre-trial hearings and court file in capital criminal trial)
  • Birmingham News Co. v. Muse, No. CV-92-529, 21 Media L. Rep. 1094 (Ala. 1992) (obtained injunction requiring public disclosure of NCAA letter of inquiry to state university)
  • Ex parte Courtroom Television Network, No. 1920991 (Ala. 1993)(obtained order permitting televising of criminal trial of sitting governor)
  • Ex parte Birmingham News Co., 624 So. 2d 1117, 21 Media L. Rep. 1769 (Ala. Cr. App. 1993) (establishing procedures for pretrial and trial closure)
  • Birmingham News Co. v. Peevy, No. CV 93-930-PR (Ala. 1993) (computer data are subject to the reach of Alabama’s public records law)
  • Fitch v. Voit, 642 So. 2d 542, 21 Media L. Rep. 1863 (Ala. 1993) (both libel and privacy claims are personal, the former not being descendible and the latter not being assertable by a relative)
  • Brown Heating and Cooling, Inc. v. WVTM-TV, Inc., 665 So. 2d 1031 (Ala. 1994) (obtained summary judgment for defendant, and affirmance on appeal, in libel action)
  • Polar-BEK Company v. Saastapankkien Keskus-Osake-Pankki, No. CV 96-B-0202S (N.D. Ala. 1996) (obtained dismissal of all claims by plaintiffs and recovery of $12.3 million on counterclaim)
  • Birmingham News Co. v. Westover Water Authority, No. CV-96-810 (Ala. 1997) (obtained access to public entity employment agreements and payment of plaintiff’s attorneys fees)
  • Forrester v. WVTM TV, Inc., 709 So. 2d 23, 26 Med. L. Rep. 1111 (Ala. Civ. App. 1997) (obtained summary judgment for defendant, and affirmance on appeal, in libel action based on news broadcast depicting plaintiff’s discipline of son at youth league baseball game)
  • Byrd v. First Real Estate Corp. of Alabama, No. CV 95-N-3087-S (N.D. Ala. 1998) (obtained order denying party’s motion to seal settlement documents)
  • Partin v. Fox Television Stations of Birmingham Inc., No. CV 99-1693, 28 Media L. Rep. 1630 (Ala. 1999) (obtained dismissal, and affirmance on appeal, of privacy, outrage, negligence and other claims based on plaintiff’s having learned of husband’s drowning from news broadcast by defendant)
  • SportSouth Network Ltd., v. Time Warner Inc., No. 1999CV10083 (Ga. 1999) (successful resolution of claim of breach of covenant not to compete in launch of new network)
  • White v. Anniston Star, No. CV 98-900, 28 Media L. Rep. 2302 (Ala. 2000) (obtained summary judgment for defendants in privacy action based on news photographs of plaintiff taken just after murder-suicide by plaintiff’s son)
  • Tuscaloosa News v. Garrison, No. CV-1999-408, 28 Media L. Rep. 1974 (Ala. 2000) (obtained injunction against city council members prohibiting meeting in executive session to consider appointments to board of education)
  • Ex parte Fox Television Stations of Birmingham, Inc., and MG Broadcasting of Birmingham, Inc., 814 So. 2d 1026 (Ala. Crim. App. 2000) (obtained writ of mandamus vacating prior restraint order)
  • Birmingham News Co. v. Jones, No. CV-00-677, 29 Media L. Rep. 1019 (Ala. 2000) (obtained injunction against sheriff prohibiting denial of media access to incident/offense reports)
  • Weatherly v. Consolidated Publishing Co., No. CV 97-745 (Ala. 2001) (obtained summary judgment for defendants in libel action by church pastor and deacons)
  • Tuscaloosa News v. Garrison, No. CV-1999-408, 29 Media L. Rep. 1368 (Ala. 2001) (obtained injunction against city council members prohibiting denial of media access to materials pertaining to candidates for appointment to board of education and awarding attorneys fees to plaintiff)
  • Ivey v. State, 821 So. 2d 937, 29 Media L. Rep. 2089 (Ala. 2001) (assisted in having Alabama criminal defamation statute declared unconstitutional)
  • Cowan v. Community Home Banc Inc., No. CV 01-4028, 31 Media L. Rep. 2498 (Ala. 2003) (obtained order recognizing qualified privilege for reporters and quashing subpoena)
  • Glynn Wilson v. Random House, Inc., and Kitty Kelley, No. 2:04-CV-2908-UWC (N.D. Ala. 2005) (obtained dismissal of copyright infringement and related claims)
  • United States v. Scrushy, No. CR-03-BE-0530-S, 34 Media L. Rep. 1657 (N.D. Ala. 2005) (on behalf of media consortium, obtained order unsealing most sealed court records and transcripts)
  • Williams v. Fox Television Stations, Inc., No. CV-04-4000 (Ala. 2005) (obtained summary judgment recognizing libel-proof doctrine)
  • Scrushy v. The Birmingham News, No. CV-05-2496 (Ala. 2006) (obtained dismissal of libel action)
  • Computer Sciences Corporation v. Regions Financial Corporation, No. CV 05-J-0957-S (N.D. Ala. 2006) (obtained successful resolution of banking software licensing dispute)
  • State v. Coach, No. 09-386 (Ala. 2010) (petition by A&E Television Network, LLC) (obtained vacation of prior restraint order)
  • Gray v. Harbert Management Corporation, No. CV-2006-07140 (Ala. 2010) (obtained resolution of stockholder derivative action)
  • Eric S. Esch, a/k/a Butterbean v. Universal Pictures Company, Inc., No. 6:09-cv-02258-JEO, 39 Media L. Rep. 1074 (N.D. Ala. 2010) (obtained dismissal of misappropriation claim based on character in animated film)
  • The Redfield Group, Inc. v. Google, Inc., No. CV 10-365-WHR (Ala. 2010) (obtained dismissal of libel action)