Phillip Stano is a partner in Sutherland's Financial Services Litigation Practice Group. He focuses his practice on complex class action, market conduct, financial services litigation and counseling, and government relations. He is currently lead counsel in dozens of class action and other cases in state and federal courts nationwide. Phillip regularly represents annuity, life, long-term care, health, title, and property and casualty insurers in "bet-the-company" litigation. He previously served as chief litigation counsel at the American Council of Life Insurers (ACLI), where he filed more than 350 briefs on significant issues affecting insurers marketing life, annuity, disability, long-term care and health insurance products. Beyond litigation responsibilities, Phillip organized and directed ACLI's class action, state tort/judicial reform, insurer legal privileges, arbitration and insurance anti-fraud legislative reform efforts. Prior to ACLI, he was Assistant Attorney General and General Counsel of the Alabama Insurance Department, where he litigated numerous civil matters at the trial and appellate levels. Phillip is a frequent speaker on insurance matters. He has published numerous insurance articles and has lectured before the American Bar Association, National Association of Insurance Commissioners, Association of Life Insurance Counsel, National Organization of Life and Health Insurance Guaranty Associations, America's Health Insurance Plans, and American Council of Life Insurers. Representative Experience Examples of Phillip's extensive litigation experience include the following: · Representing Commonwealth Land Title Insurance Company, Lawyers Title Insurance Company, and Transnation Title Insurance Company in Coll v. First American Title Ins. Co., No. 08-2174, 2011 WL 1549233 (10th Cir. Apr. 26, 2011). · Representing New York Life Insurance Company in Schandler v. New York Life Ins. Co., No. 11-2123 (pending before the U.S. Court of Appeals for the Second Circuit). · Representing Metropolitan Life Insurance Company in Clark v. Metropolitan Life Insurance Co., No. 10-17071 (pending before the U.S. Court of Appeals for the Ninth Circuit). · Representing New York Life Insurance and Annuity Corporation in Blumenthal v. New York Life Ins. and Annuity Corp., No. 10-6246 (pending before the U.S. Court of Appeals for the Tenth Circuit). · Representing Attorneys Insurance Mutual of Alabama, Inc. in Attorneys Insurance Mutual of Alabama, Inc. v. Alabama Department of Insurance; Ala. Ct. Civ. App., No. 2081139 (2010). · Representing LandAmerica Title Insurance Company and affiliates in multi-district litigation proceedings involving 75 anti-trust class actions in a dozen federal district courts (2009). · Representing New York Life Insurance Co. in Friedman v. New York Life Ins. Co., 985 So. 2d 56 (Fla. Dist. Ct. App. 4th Dist. 2008). · Representing New York Life Insurance and Annuity Corporation in Webster v. New York Life Ins. and Annuity Corp., 838 N.Y.S. 2d 48 (App. Div. 2007). · Representing Protective Life Insurance Co. in Lutz v. Protective Life Ins. Co., 951 So. 2d 884 (Fla. Dist. Ct. App. 2007). · Representing Lincoln National Life Insurance Co. in In re Mutual Funds Inv. Litigation, 384 F. Supp. 2d 845 (D. Md. 2005). · Representing Western-Southern Life Insurance Co. in Tropp v. Western-Southern Life Ins. Co., 381 F.3d 591 (7th Cir. Ill. 2004). · Representing General American Life Insurance Co. in In re Gen. Am. Life Ins. Co. Sale Practices Litig., 357 F.3d 800 (8th Cir. Mo. 2004). · Representing American Heritage Life Insurance Co. in Sosa v. Am. Heritage Life Inc. Co., 2004 Tex. App. LEXIS 34 (Tex. App. San Antonio Jan. 7, 2004). Professional Distinctions · Member, Board of Directors, Attorneys Insurance Mutual of the South, Inc. · Member, Editorial Review Board, Journal of Insurance Regulation · Secretary-Treasurer, Association of Life Insurance Counsel (2003-2009) · Named the American Tort Reform Association's Legal Reform Champion (2005) Publications and Speaking Engagements · Co-author, "Private Plaintiffs Seek to Require Life Insurers to Undertake Death Matches," ABA TIPS Committee News (Winter 2012) · Co-author, "Retained Asset Account Litigation Developments," 2011 Association of Life Insurance Counsel Annual Meeting (May 17, 2011) · Co-author and speaker, "Retained Asset Account Litigation Developments," Life Insurance Council of New York (LICONY) Annual Membership Meeting (December 9, 2010) · Co-author, "Retained Asset Account Litigation Developments," Life Insurance Law Committee News, American Bar Association, Torts Trial & Insurance Practice Section (Summer 2010) · Co-author, "The Enforcement of Nationwide Class Settlements to Bar Related Class Actions: An Example of Finality and Preclusion," Class Actions & Derivative Suits, Section of Litigation Committee, American Bar Association, Vol. 14, No. 3, (Summer 2004) · Author, "Class Litigation: The Consequences of Its Evolution From People to Products," ABA Tort and Insurance Products Life Insurance Law Committee News (Spring 2003) · Author, "Class Backwards: A Discussion of Developments in Market Conduct and Variable Investment Product Litigation," The Association of Life Insurance Counsel Proceedings (2002) · Author, "Modal Premium Litigation-Your Next Class Action Lawsuit?," ABA Tort and Insurance Practice Life Insurance Law Committee News (Summer 2001) · Author, "Underwriting in the 20th Century - Grafting Societal Values to the Regulation of Risk," 19 Journal of Insurance Regulation 273 (2000) · "Recognizing Insurers' Privileged Information (The Rationale and the Results)," 17 Journal of Insurance Regulation 268 (1999) · Speaker, Webinar: "Navigating Through Uncertainty: Life Insurance Regulation and Unclaimed Property Audits," (November 15, 2011) · Speaker on financial services litigation panel, The Association of Life Insurance Counsel 2009 Annual Meeting (May 4-5, 2009); co-author of program paper, "Significant Trends in Financial Services Litigation" Industries Financial Services Retirement Products and Services Legal Alerts Legal Alert: Act Clarifying Jurisdiction and Venue in Federal Court Now in Effect
January 31, 2012 Legal Alert: U.S. Court of Appeals Holds New Jersey's Retroactive Escheatment of Gift Card Abandoned Funds Unconstitutional and its Priority Rules Preempted by Federal Law
January 18, 2012 Legal Alert: Supreme Court Rings in New Year with Another Ruling in Favor of Arbitration
January 12, 2012 Legal Alert: House Subcommittee Approves Bill to Prevent the Federal Insurance Office and Office of Financial Research from Collecting Data Directly from Insurance Companies
December 22, 2011 Legal Alert: Illustration Disclosures Lead to Dismissal of Universal Life Insurance Class Action
November 29, 2011 Legal Alert: The Top 10 Ways Unclaimed Property Audits Differ From Insurance Market Conduct Exams
August 18, 2011 Legal Alert: Supreme Court Limits Federal Courts' Ability to Enjoin Relitigation of Class Certification in State Courts
June 24, 2011 Legal Alert: Wal-Mart Stores, Inc. v. Dukes: Supreme Court Reshapes Class Action Certification
June 20, 2011 Legal Alert: NAIC Releases Draft White Paper On Corporate Governance; At Odds With Existing Bodies of U.S. Law
June 10, 2011 Legal Alert: Tenth Circuit Rules That Title Insurers Did Not Violate Antitrust Laws Even If They Allegedly Conspired to Bribe the State Superintendent of Insurance
May 3, 2011 Legal Alert: Supreme Court Holds That the Federal Arbitration Act Preempts State Law Limitations on Arbitration Agreements
April 28, 2011 Legal Alert: New York Department of Financial Services to Have Authority Beyond Legacy Regulators; New Legal Risks Emerge for Insurers
April 27, 2011 Legal Alert: Third Circuit Holds that Arbitrator Must Decide Whether Parties Agreed to Class Arbitration
February 18, 2011 Legal Alert: Cost of Insurance Litigation - Recent Ruling on Meaning of "Mortality Experience" and Other Developments
February 7, 2011 Legal Alert: Wal-Mart v. Dukes: Supreme Court to Review Certification of "Gargantuan" Class
December 6, 2010 Legal Alert: Motion to Dismiss ERISA Retained Asset Account Claims Denied
November 22, 2010 Legal Alert: New York's Highest Court Approves STOLI Policy Sales
November 18, 2010 Legal Alert: Federal Court: Egregious Facts May Permit Life Policy Rescission After Expiration of Incontestability Period
October 21, 2010 Legal Alert: Summary Judgment Granted for Defendant in Certified Deferred Annuity Class Action
October 8, 2010 Legal Alert: Supreme Court to Review Ability of Federal Courts to Enjoin Relitigation of Class Certification in State Courts
October 7, 2010 Legal Alert: Annuity Surrender Charge/MVA Disclosures Held Insufficient in California
October 6, 2010 Legal Alert: New Whistleblower Protections for Financial Service Employees
October 1, 2010 Legal Alert: Court Rejects Suit Alleging Fraud and Negligent Design in the Sale of Universal Life Insurance Policies
September 30, 2010 Legal Alert: Eighth Circuit Affirms Denial of Class Certification in Fixed Annuity Interest Crediting Case
August 30, 2010 Legal Alert: Lessons Learned as Court Denies Motion to Dismiss FLSA Collective Action That Alleges Financial Advisors Misclassified as Independent Contractors
August 18, 2010 Legal Alert: The Dodd-Frank Act: A New Era of Financial Regulation and the Implications for the Insurance Industry
August 3, 2010 Legal Alert: Class Certified in Action Involving Annuity Sales to Seniors
June 30, 2010 Legal Alert: Supreme Court: If Clearly Delegated the Task, Arbitrator Decides When Arbitration Agreement is Unconscionable
June 21, 2010 Legal Alert: Eleventh Circuit Lifts Barriers to Federal Removal
June 10, 2010 Legal Alert: District Court Rules on Stranger-Initiated Annuity Transactions
June 4, 2010 Legal Alert: Supreme Court to Consider Whether Federal Arbitration Act Preempts State Law Limitations on Arbitration Agreements
June 1, 2010 Legal Alert: Supreme Court Holds that ERISA Does Not Impose "Prevailing Party" Requirement for Award of Attorneys' Fees
May 24, 2010 Legal Alert: Stolt-Nielsen v. AnimalFeeds: U.S. Supreme Court Holds that Class Arbitration Cannot be Imposed on Parties Whose Agreements Are Silent on the Issue
April 28, 2010 Legal Alert: Shady Grove: No Sanctuary for Federal Class Action Defendants
April 5, 2010 Legal Alert: ERISA 401(k) Plan Proprietary Fund Claims Dismissed in Part
March 23, 2010 Legal Alert: The Criminal Provisions of ERISA
January 4, 2010 Legal Alert: Florida Supreme Court Ends Putative Class Action Alleging Numerous Florida Insurance Code Violations
December 1, 2009 Legal Alert: Haddock Update - Class Certification Granted
November 16, 2009 Legal Alert: Ninth Circuit Overturns Denial of Class Certification in Action Involving Sale of Annuities to Senior Citizens; Orders Class Certified
August 31, 2009 Legal Alert: NAF Announces That It Will No Longer Arbitrate Consumer Disputes, and AAA Comes Tumbling After
July 27, 2009 Legal Alert: Class Certification Denied in Fixed Indexed Annuity Interest-Crediting Case
July 27, 2009 Legal Alert: Congress to Weaken Pleading Requirements?
July 24, 2009 Legal Alert: Summary Judgment for 401(k) Plan Sponsor in ERISA Revenue Sharing/Excess Fee Litigation
March 9, 2009 Legal Alert: Class Decertification Denied in Action Involving Bonus Annuity Claims
March 2, 2009 Legal Alert: Class Certification Denied in Fixed Annuity Interest-Crediting Case
February 26, 2009 Legal Alert: Seventh Circuit Affirms Judgment for Employer and Mutual Fund Complex in ERISA Revenue Sharing/Excess Fee Litigation
February 13, 2009 Legal Alert: First Circuit Allows ERISA Retained Asset Account Claim to Proceed
November 12, 2008 Legal Alert: ERISA Revenue-Sharing Litigation Update: One Class Certification Denied; Two Classes Certified; Motion to Dismiss
October 3, 2008 Legal Alert: Recent Class Action Developments in the Financial Services Industry
July 10, 2008 Legal Alert: Court Rejects Attempt to Apply ERISA to Fee and "Revenue Sharing" Claims Relating to 403(b) Annuities for Public School Employees
May 28, 2008 Legal Alert: Former Participants Have Standing to Pursue Equitable, But Not Legal Remedies With Respect to IRA Rollovers
May 5, 2008 Legal Alert: District Court Rules that State's Prohibition of "Discretionary Clauses" Not Preempted by ERISA
March 10, 2008 Legal Alert: U.S. Supreme Court Rules Federal Arbitration Act Supersedes State Laws Vesting Jurisdiction in Administrative Forums
February 22, 2008 Legal Alert: Supreme Court Allows ERISA Relief for Individual Plan Accounts
February 21, 2008 Legal Alert: Rulings on Class Certification, Expert Testimony and Summary Judgment in Case Involving Sales of Annuities for Qualified Retirement Plans
February 18, 2008 Legal Alert: Third Circuit Declares That Federal Arbitration Act Preempts State Law Decisions Invalidating Class Action Waivers in Arbitration Agreements
January 14, 2008 Legal Alert: DOL Proposes New ERISA Disclosure Requirements for Plan Service Providers
December 13, 2007 Legal Alert: New "Revenue Sharing" Class Certification
December 6, 2007 Legal Alert: Haddock Update - Fifth Amended Complaint Survives Motion to Dismiss
October 3, 2007 Legal Alert: Supreme Court to Consider ERISA Relief Available in Individual Account Plan Cases
June 19, 2007 Legal Alert: Class Certified in Mutual Fund "Revenue Sharing" Case
June 8, 2007 Legal Alert: Second Circuit Rejects Private Right of Action Under the Investment Company Act of 1940
March 20, 2007 Publications Private Plaintiffs Seek to Require Life Insurers to Undertake Death Matches
Winter 2012 Reprinted with permission from American Bar Association Significant Trends in Financial Services Litigation
May 2009 Events Navigating Through Uncertainty: Life Insurance Regulation and Unclaimed Property Audits
November 15, 2011 Webinar: Navigating Through Uncertainty: Life Insurance Regulation and Unclaimed Property Audits
November 15, 2011 |