Practice/Industry Group Overview
Greenberg Traurig’s Insurance Regulatory & Transactions Group brings together lawyers from throughout our U.S. and international offices with experience in a variety of complementary disciplines – including insurance regulatory, tax, corporate finance and securities, securitization and structured finance, litigation, health care and governmental affairs – to support clients from all segments of the insurance industry. We provide tailored legal services designed to meet the varied needs of our clients in the areas of insurance regulation, legislative and public policy advocacy, life and health insurance, property and casualty insurance, premium finance and life settlements, securitization and derivatives, and insurance litigation.
A key aspect of GT’s platform is the firm’s U.S. footprint – more domestic locations than any other Top 10 law firm on The National Law Journal’s 2007 NLJ 250 listing of the country’s largest firms. With on-the-ground resources throughout the country, we are able to find local answers quickly and efficiently.
Because our national footprint includes regulatory hotbeds, such as Austin, Tallahassee, Albany, Sacramento and Boston, we can provide up-to-the-moment support for regulated transactions, enforcement actions, legislative policy initiatives, and executive branch advocacy. GT has the capacity to track legislative, regulatory and other legal activities on these fronts in all of the major state jurisdictions that affect the insurance marketplace.
- Provide strategic advice on emerging business issues
- Defend clients in enforcement actions and examination activities
- Lead regulated transaction teams in multistate approvals
- Advise on national regulatory and legislative strategy for insurance clients
- Represent insurance agents and brokers in corporate, regulatory and investment matters
- Advocate for and defend against legislative activity
- Resolve issues in health and life insurance product design and approval, as well as privacy and security compliance
- Analyze capital requirements, capital structure, financing and tax planning
- Participate in regulatory approvals and considerations related to all lines of insurance
- Advise insurers on investment code issues and innovative capital management strategies
- Advise clients on legal issues related to product and rate development, filings and approvals
- Advise clients on strategies for legislative and public policy advocacy, including Congressional bills and National Association of Insurance Commissioners (NAIC) and National Conference of Insurance Legislators (NCOIL) initiatives
Health Insurance and Government-Funded Health Coverage
Greenberg Traurig provides strategic legal counsel on a wide range of health insurance matters. We are able to efficiently guide clients through the maze of applicable regulatory, licensure, certificate of need, certification and accreditation processes and requirements, at both the federal and state levels.
We have been involved in the formation, acquisition and merger of numerous HMOs, including structuring the transaction, addressing insurance holding company rules and obtaining regulatory approvals. We also represent insurers and HMOs on compliance matters, including issues related to payment of claims, utilization review, risk-sharing, delegation and provider contracting.
GT has broad experience with Medicaid, Medicare and other government-funded insurance programs. We represent numerous health plans in connection with Medicaid, Medicare and SCHIP issues, including reimbursement, compliance, fraud and abuse and provider issues.
Property & Casualty Insurance
Greenberg Traurig’s insurance team also has a long history of transactional, regulatory, and enforcement work on behalf of property and casualty insurance companies, broker organizations, and agents. We are active in legislative matters affecting the industry, national regulatory policy, strategic planning, mergers and acquisitions, and litigation support. We have managed multistate legal teams to achieve regulatory approvals for major national companies. We work closely with regulators in numerous states and with local counsel when necessary to best advance clients’ interests. We are active in the major regulatory jurisdictions and legislatures and can bring to bear a multidisciplined team for complex transactions and issues.
Regulatory and Transactional
GT represents life insurance companies on a range of regulatory and compliance issues. This includes product issues, new state regulatory initiatives and Insurance Department audit issues.
Premium Finance and Life Settlements
Our attorneys advise insurance companies, commercial and investment banks, hedge funds and other financial clients in connection with the structuring and development of life settlement, life insurance and annuity accumulation and structured premium finance programs.
We help our clients:
- Establish efficient vehicles for the purchase, financing and securitization of life settlements, fixed annuities and variable annuities
- Structure origination, financing and servicing agreements with licensed life settlement providers and other industry participants
- Implement life settlement and annuity arbitrage/pairing programs, as well as recourse and non-recourse premium financing programs
- Negotiate asset-based lending transactions involving life settlement and premium financing arrangements
- Structure private equity/M&A strategic joint venture transactions with industry participants, as well as the acquisition and disposition of life settlement portfolios, including purchasing portfolios from bankruptcy estates
- Complete synthetic life settlement transactions through the use of derivatives
- Develop distinct forms of adverse mortality and performance protection products, including contestability insurance policies, life expectancy hedging transactions and residual value insurance policies
Legislative and Public Policy Advocacy
We work closely with the firm’s Governmental Affairs Practice – which includes many former federal, state and local elected officials and government advisors – to counsel our clients on legislative and public policy initiatives. We keep our finger on the pulse of the insurance industry to ensure that our clients are apprised of the latest legislative and public policy developments at the state, federal and international levels that may impact their business. Our attorneys provide analyses of pending legislation and assist clients in proactively building relationships with state regulators. We have the capabilities necessary to help our clients navigate the complexities of the various levels of government.
Greenberg Traurig attorneys:
- Advocate for our clients’ interests before state insurance departments, the NAIC, the NCOIL and the U.S. Congress
- Advise on and draft insurance-related legislation and amendments, as well as provide critical analysis of pending legislation
- Provide testimony on our clients’ behalf at Congressional committee hearings and keep clients abreast of developments at such proceedings
- Help clients establish working relationships with key government officials and staff, as part of an overall governmental relations strategy
Litigation, Government Investigations and Examinations
With the support of GT’s national platform of more than 500 trial lawyers, we appear regularly in state and federal courts throughout the country, as well as in appellate courts and before international arbitration panels. Our trial experience and thorough knowledge of the insurance industry enable us to aggressively defend our clients and provide a strong foundation when developing a strategy to dispose of a case on motion or negotiate an early settlement.
Given our relationships and national footprint, we have been lead counsel on numerous investigations by state insurance regulators, attorneys general, U.S. Attorneys and federal regulators.
By closely integrating our counseling and litigation work, we help our clients to develop and promote their insurance products in such a way that litigation risks are minimized up front – before a dispute arises. However, when a dispute is unavoidable, our firsthand understanding of our clients’ businesses, products and goals, together with GT’s wide-ranging litigation capabilities, enable us to help our clients resolve disputes efficiently and effectively.