Insurance

• Class action defense (consumer and provider litigation)
• Member litigation defense (class action and single plaintiff)
• Provider dispute litigation (out of network and contracted provider disputes)
• Antitrust investigations and actions
• Compliance counseling
• General commercial litigation (non-coverage)
• State administrative enforcement action

• Mergers and acquisitions
  • Insurance companies
  • Agents and brokers
  • HMOs and nonprofit hospital and professional health service plans
  • Run-off transactions
• Strategic equity investments
  • Fintech investments
  • Joint venture transactions
  • Inbound US equity investments for non-US insurers
  • US domestic and offshore captive insurance facilities (e.g., Bermuda, Cayman)
• Demutualizations
• Affinity marketing arrangements
• Initial public offerings
• Mutual company affiliations
• Joint underwriting and marketing arrangements
• Outsourcing transactions
• Reinsurance
  • Assumption
  • Indemnity
  • Stop loss
  • Loss portfolio transfers
  • Commutations
  • Fronting facilities
  • Financial reinsurance transactions
• Secondary market transactions involving securitization of life insurance policies
• Transaction review services for underwriters
• Representation and warranty insurance
• Other transactional risk insurance products

EDISCOVERY

• Collections (full, targeted, and forensic)
• Processing
• Hosting
• Technology assisted review/artificial intelligence
• Managed review (onshore and offshore)
• Production
• Trial support

COUNSELING

• Information governance, including:
  • Electronically Stored Information (ESI) lifecycle management
  • Cybersecurity
  • Privacy
  • Retention
  • Disposition
• Ediscovery Protocol/Playbook:
  • Conduct assessments of current practices
  • Develop/update practices
  • Write/revise and implement discovery playbook
• Discovery counsel:
  • Discovery planning and strategy
  • Negotiation of ESI protocols
  • Litigation of discovery-related issues
  • Take and defend 30(b)(6) depositions

• ERISA class actions against insurance companies
• Defined benefit and 401(k) plans
• Proprietary fund claims
• Risk mitigation/litigation avoidance issues
  • In-house retirement and welfare benefit programs
  • In-house fringe benefit and award programs 
  • Proprietary insurance and investment products          
• Executive compensation matters
  • Plan design
  • Deduction Issues
  • Proxy reporting
• Tax issues in M&A transactions
  • Golden parachutes
  • Deduction timing
  • Section 162(m) deduction limits
• Corporate-owned life insurance (COLI) purchases and taxation issues
• Fiduciary committees and obligations
  • Full-scale compliance audit of plans
  • Independent Qualified Professional Asset Manager (QPAM) audits with respect to in-house plans
• Payroll tax and information reporting
  • Form W-2/1099/1042
  • Federal and state levels
• Penalty abatement requests for information reporting and deposit penalties (at Federal and state levels)

• Public Health Service Act
• Health Insurance Portability and Accountability Act (HIPAA)
• Mental health parity
• Consolidated Omnibus Budget Reconciliation Act (COBRA)
• High-deductible health plan (HDHP) and Health Savings Account (HSA) rules
• Affordable Care Act

• Insurance company investor groups
• Public bond and note holder groups
• Private placement financings
• Front and back-end financing
• Debt for equity exchanges
• Covenant amendments
• Creditor restructuring and bankruptcy work
• Municipal bankruptcies
• Insurance insolvencies

• US immigration programs related to foreign national personnel
• Recruitment and retention of foreign national personnel
• Immigration-related matters
• US Department of Homeland Security (DHS)
• US Citizenship and Immigration Services (USCIS)
• US Department of Labor (DOL)
• H-1B visas
• L-1 visas
• Labor certifications
• Green cards
• Immigration matters at US consular posts abroad
• Outbound immigration matters for personnel traveling or working abroad
• Immigration-related compliance issues
• Form I-9
• E-Verify
• Auditing of immigration compliance
• Immigration defense investigations and discrimination charges

• Insurance insolvency and restructuring
• Rehabilitation, receivership, and liquidation
• Large and complex cases
• Representation of state insurance regulators in connection with distressed/troubled companies
• Creditor and industry group representations in state liquidations and rehabilitations

• Appeals of intellectual property decisions
• Intellectual property licensing and joint development agreements
• Patent litigation
• Patent prosecution and counseling
• Trade secret litigation
• Trademark litigation
• Trademark prosecution and counseling
• US Patent and Trademark Office, Patent Trial, and Appeal Board Proceedings (including inter partes reexaminations)
• US Patent and Trademark Office, Trademark Trial, and Appeal Board Proceedings (including oppositions)

• Variable annuities and variable life insurance as securities
  • Registration with the Securities and Exchange Commission (SEC)
  • Exemptions from SEC registration
  • Privately-offered variable insurance products
  • Insurance company separate accounts
  • Insurance-dedicated fund governance, regulatory, and compliance matters
  • Compliance with federal securities laws
    • Investment Company Act of 1940
    • Securities Act of 1933
  • Variable insurance product structuring considerations
  • Offering documents for publicly- and privately-offered variable insurance products
  • Federal and state regulation of broker-dealers distributing variable insurance products
• Taxation of variable insurance products
• Insurance companies as asset managers
• Insurance company general account investments in private investment funds
• ERISA considerations in dealing with retirement plans
  • ERISA plan asset and prohibited transaction considerations – general account and separate account investments
  • ERISA Section 408(b)(2) disclosures
  • Retirement annuities (403(a), 403(b), 408(a))
  • Selling insurance products under the DOL Fiduciary Rule
  • Insurance companies as retirement plan recordkeepers
  • Insurance companies providing plan participant education
  • Rollovers
• Sales of insurance products and annuities by banks
• Structured notes
• Derivative transactions and regulation

• Compensation plans and programs
• Agent contracts and related materials
• Agent policies and procedures
• New York Insurance Law §4228 compliance
• Employee and independent contractor classification issues
• Statutory employee questions
• Dual status employee issue

• Class and collective actions (federal and state)
  • Misclassification
  • Failure to pay proper wages
  • Unlawful deductions from commissions/wages
• Single plaintiff litigation (federal and state)
• Complaints and charges before administrative and regulatory agencies
• Arbitration of claims before FINRA
• Independent contractor model in courts and before state agencies
  • Unemployment
  • Workers Compensation
• Intellectual property protection  (including trade secret protection)
  • Restrictive covenant limitations in employment agreements
• Whistleblower actions

• Financial statement reporting
• Corporate governance
• Merger and acquisition approvals
• Affiliate transaction approvals
• Restructurings
• Financial and market conduct examinations
• Evaluation of insurtech products and processes within US regulatory framework
• State and federal investigations and enforcement actions
• ERM reporting
• Service and warranty contracts
• Producer licensing
• Risk financing vehicles, including on-shore and off-shore captives, and rent-a-captives
• Reinsurance disputes and arbitration