International Insurance Regulatory and Transactional

We provide a unique focus on life and annuities, health, P&C, extended warranty, rep and warranty, data privacy and cybersecurity, D&O, title, travel, parametric, maritime, and political risk insurance with particular emphasis on issues related to Latin America and Asia. U.S., international and cross-border representative insurance matters include insurance company formation, licensure and authorization, insurance M&A transactions, sale of policy portfolios, structuring run-off transactions, captive insurance company formation, policy contract drafting and coverage analysis, fronting/reinsurance transactions, insurance agency formation, and intermediary licensing. We leverage this expertise in our work relative to high-net-worth clients with respect to offshore trust and estate planning. In addition, on behalf of insurance clients, we address insurance digital marketing and manage Insurtech activities.

We also assist in development of offshore private placement life insurance and annuities products, formation of insurance-dedicated funds in Bermuda, Barbados, Cayman Islands and other offshore jurisdictions. Further, we advise clients with respect to compliance with foreign country and related U.S. state insurance laws and the securities, tax, and data privacy laws implicated in the distribution, cross border and international sale of insurance and investment products to non-U.S. residents.

In connection with the offer and sale of offshore insurance products, we provide counsel on the insurance provisions of the financial services chapter of the USMCA (the U.S.-Mexico-Canada Agreement; f/k/a the North American Free Trade Agreement), and various U.S. free trade agreements (FTAs).

In addition, insurance businesses face evolving regulations in their international business operations, and our multidisciplinary team offers comprehensive global guidance in connection with governmental investigations concerning anti-corruption laws, foreign payments, economic sanctions and export control regulations, and anti-money laundering laws.

From compliance to enforcement, our seasoned government enforcement, securities, and litigation attorneys handle a wide spectrum of matters involving the U.S. Foreign Corrupt Practices Act, the Office of Foreign Assets Control regulations, the Bank Secrecy Act, the USA Patriot Act, the Anti-Money Laundering Act, as well as U.S. state laws and foreign country anti-money laundering laws. Thus, we support clients in navigating OFAC regulations and country-specific sanctions programs to ensure compliance. We also assist clients facing potential violations of sanctions laws through thorough internal investigations, strategic responses to government subpoenas, guidance in voluntary self-disclosures to OFAC and devising sanctions-related compliance policies.

Our legal team aids clients in adhering to U.S. and foreign anti-money laundering laws, offering guidance on best practices, and assisting with compliance. We review and refine AML policies, provide counsel on know-your-customer (KYC) compliance, and offer insights on formalized due diligence for Suspicious Activity Report (SAR) submissions.

Additionally, international insurance clients also navigate complex data privacy and cybersecurity laws. Our team guides clients to implement and comply with these frameworks, which vary according to the jurisdiction, and our attorneys are experienced in supporting clients through data incidents or potential exposure of information.