KDV provides experienced legal counsel to clients engaged in complex insurance regulatory and transactional matters. The attorneys in our Insurance Regulatory & Transactional Practice boast a deep knowledge of the insurance space and provide high-end sophisticated representation throughout the evolution of an insurance product or transaction from dealmaking to compliance with regulations. Our attorneys have advised in connection with life, health, P&C, cyber, D&O, extended warranty, travel, title, reps & warranties, and other insurance products.
Corporate and Transactional
We assist a range of insurance clients — insurers, reinsurers, captives, brokers, third-party administrators, surplus lines, funds and others — navigate the complex legal challenges arising out of their major corporate transactions from financing to formation, authorization, assumption/reinsurance, and merger and acquisition. We also advise clients on corporate governance matters and partner with them to resolve potential liability concerns in labor and employment and other areas.
KDV advises clients with respect to their worldwide insurance operations, including creating insurance subsidiaries and securing authorization, product development, licensing and distribution, offshore due diligence, cross-border transactions, and related criminal and civil compliance matters with a particular focus on Latin America. In addition, we regularly advise clients with respect to NAFTA and the USMCA modification thereof, bilateral free trade agreements (FTAs), money laundering laws and OFAC Foreign Asset Control Regulations.
Product Development and Distribution
Attorneys in our Insurance Regulatory & Transactional Practice provide comprehensive guidance throughout the lifecycle of an insurance product: from idea to market. We assist clients with product development and registration, and work with them to draft and execute contracts that have been custom-tailored to meet their needs including in connection with offer and sale of variable life and annuities products sold on a private placement basis.
Captive Insurance Companies
Members of our team regularly counsel clients on the complicated risk management and complex compliance issues impacting establishing captive insurance companies and help structure captive insurance arrangements that address an evolving regulatory environment both in the U.S. and abroad.
KDV provides advice to insurance industry clients with respect to public policy and legislative matters at the state and federal level as well as globally. Our attorneys not only advise clients on the impact of existing and prospective regulation affecting insurance companies (and ancillary businesses), but also assist clients in connection with commenting on draft legislation both domestically and abroad.
We represent a range of clients who are being investigated by government agencies, and have extensive experience guiding the client through the procedural minefield typical of aggressive investigations, identifying and preserving valuable evidence, negotiating with regulators and prosecutors, and performing internal investigations designed to establish and facilitate more effective compliance protocols.
What Makes Us Different
Laser-like Focus on Insurance
KDV exclusively represents insurance clients, and we avoid taking positions adverse to the insurance industry. Our laser-like focus on insurance, theproducts offered and the various distribution methodologies has given us indepth knowledge of the industry and our transactional and regulatory expertise give us a unique ability to represent clients effectively both domestically and abroad.
We have extensive experience counseling clients on their global operations and have developed an understanding of the international regulatory landscape and local laws impacting commercial insurance activities. We regularly conduct surveys of laws of numerous foreign countries that our clients operate in (or are exploring as potential market participants) and advise them on the practical realities likely to affect their business. We often engage on the enforcement side, and help clients resolve regulatory compliance challenges and we work with them to ensure that they develop policies and procedures to avoid trouble when conducting business under an unfamiliar regulatory scheme.
KDV’s premier litigation practice complements this strong insurance regulatory and transactional practice. In a firm our size, that’s both unique and special. We agile and encourage interdisciplinary engagement between our attorneys when handling a complicated legal matter.
We encourage informational exchange and ongoing engagement between our litigation and regulatory/transactional teams. Thus, there is an element of continuity with regard to representation. This approach brings dispute resolution expertise to the planning and implementation stage for insurance clients. Our attorneys have litigated claims relating to specific insurance products and product lines, and thus, are better-equipped to navigate the regulatory landscape with respect to such products.
We encourage you to peruse our website and contact us directly to learn more about our services and approach to handling insurance matters.
Practice Group Leadership
|Foreign Consultant||Fort Lauderdale, Florida|
Chair, Insurance Regulatory & Transactional Practice Group
|Fort Lauderdale, Florida|