The insurance industry is becoming one of the most globally integrated, sophisticated and highly regulated industries. Insurers and reinsurers around the world require knowledgeable and experienced regulatory lawyers to provide strategic advice on priorities including structuring and expanding operations to take advantage of new opportunities, identifying and shaping emerging legislative and regulatory policies, and developing compliance and internal investigation strategies.
We have a 50-state insurance regulatory practice and advise clients on all aspects of state and federal insurance regulation, including licensing, holding-company systems regulation, underwriting and rating of commercial insurance, policy wording, financial and solvency regulation, state insurance receivership and insolvency proceedings, insurer and broker relationships, reinsurance and surplus lines eligibility, captive insurers, offshore insurers, alternative risk-transfer products, mergers, acquisitions and changes of control, and conducting discrete internal reviews of complaints.
We ensure that our clients remain up-to-date on the numerous regulatory changes around the world, including, in the European Union: group supervision and capital adequacy issues; in the United States, on the federal and state levels: Solvency II, the Dodd-Frank Act’s impact on the insurance industry and the NAIC’s Solvency Modernization Initiative, Own Risk and Solvency Assessment initiative, revisions to credit for reinsurance requirements and revisions to insurance holding company regulations. We also monitor developments relating to the US Federal Insurance Office, the Financial Stability Oversight Council and the Terrorism Risk Insurance Act, and we develop creative solutions for clients in achieving their business objectives in the face of this changing regulatory landscape.
Our clients include life insurers, property and casualty insurers, financial guaranty insurers and mortgage guaranty insurers. We frequently work with clients in the preparation, filing and proceedings relating to “Form A” change-of-control statements, “Form D” affiliated transaction statements and bulk reinsurance filings associated with acquisitions of large blocks of insurance business. We negotiate with insurance regulators to overcome regulatory obstacles and develop creative solutions that enable our clients to gain regulatory approval for their proposed forms of business arrangements. We have represented clients in matters before many state insurance departments and numerous state attorneys general, and before federal administrative agencies, the US Congress and various state legislatures.
Our team also includes lawyers experienced with funds and portfolio management, financial services law, global custody and securities lending, and anti-money laundering procedures. Our lawyers regularly provide advice to leading global financial clients on operational arrangements and ongoing compliance activities, as well as contentious regulatory issues and SEC, FCA and other regulatory and cross-border investigations.
Mayer Brown lawyers are known for their ability to counsel and defend insurers and reinsurers— as well as their officers, directors and employees—with regard to the complex criminal, civil and administrative investigations and enforcement proceedings resulting from today’s increasingly aggressive government investigation and prosecution of alleged business misconduct.
We understand the techniques employed by government investigators and the key facts they are trying to uncover. Our experienced team has the global resources to provide informed and insightful answers and effective defenses that are designed to avoid or minimize legal exposure.
Our Insurance Regulatory & Compliance team includes a deep bench of former federal prosecutors and other government officials, insurance regulatory lawyers, seasoned trial lawyers with dozens of trials and arbitrations under their belts, and a corps of appellate lawyers who have collectively argued more than 220 matters before the US Supreme Court. We offer a broad global insurance and enforcement practice that works with leading global insurers and reinsurers to provide thoughtful and creative solutions to complex issues and sophisticated counsel with respect to the opportunities our clients face in the marketplace.