Other Insurance Industry-Related Assignments

Members of Baker & McKenzie's Insurance Group also devote substantial efforts to the development and drafting of insurance policies and policy terms, conditions, limitations and exclusions. In that regard, the Group benefits greatly from the extraordinary in-house capabilities at Baker & McKenzie. For example, when creating an employment practices policy for professional employer organizations, the Group is able to tap into the substantial expertise of the Firm's Compensation and Employment Practice Group. Likewise, when creating intellectual property policies providing worldwide coverage for United States – and European – domiciled policyholders, when creating a policy for policyholders offering Internet-based auctions, and when drafting media policies for advertisers, advertising agencies, authors, publishers, broadcasters, and radio, television and film producers, the Group is able to draw upon the considerable talents of the Firm's intellectual property, information technology and e-commerce attorneys.

Members of the Insurance Group monitor claims for domestic, captive and foreign insurance companies, and audit claims and assess risks for such clients as well as for non-insurance clients. Furthermore, the Insurance Litigation Group handles other domestic and foreign law aspects of conducting insurance business, such as regulatory, compliance, tax, securities, and insolvency matters, as well as other corporate matters.

It also bears mention that, given Baker & McKenzie's substantial presence around the world, as well as the quality and depth of its attorneys' legal practice, no other firm is better able to serve the many needs of the insurance industry. Thus, whether an insurer is interested in a joint venture in Brazil, in assessing insurance issues in Switzerland, in setting up an off-shore captive, in creating a new directors and officers policy for Latin America, or in international tax aspects of a planner merger or consolidation, Baker & McKenzie is uniquely qualified to provide assistance with such undertakings, and members of the Insurance Group who are familiar with all aspects of the insurance business are especially adept at addressing such projects.

Recent representative matters include the following:

·         Provided emergency advice to a large reinsurer as to life and accident coverage issues stemming from World Trade Center attacks.

·         Representation of several major, international insurance companies with regard to their joint ventures in Latin America.

·         In connection with a major, international insurer's sale of one of its subsidiaries, providing evaluation of whether the subsidiary's solicitation of insurance business had breached insurance rules and regulations in well over 35 countries and territories around the world (as diverse as the Marshall Islands, Saudi Arabia, China and Kenya), and assessment of potential liabilities arising out of such activities.

·         Litigation in the U.S. Tax Court and other U.S. federal courts on behalf of U.S. insurance companies and non-U.S. insurance companies regarding a variety of insurance tax issues, including the tax treatment of investment income, salvage and subrogation, unearned premiums, and various other matters. These tax issues frequently involved $100+ million, and include both domestic and international tax issues.

·         Advising numerous insurance companies regarding international tax issues relating to ongoing operations, as well as tax considerations relating to mergers and acquisitions, restructuring, financial products, and a variety of financial transactions.

·         Providing catastrophe counseling, tort litigation representation and insurance coverage representation to a company whose manufacturing facility "exploded," causing substantial personal injuries and damage on – and off-site.

·         Counseling a leading provider of digital security and authentication products and services for Internet commerce and communications with respect to insurance, indemnification and other contract issues related to fraudulent network access, identity theft, privacy violations and the like.

·         Creating a web-enabled employment practices compliance program and training tutorial for the website of the largest U.S. insurer of employment practices liability coverage. The website is a joint technological engagement between the insurer and Baker & McKenzie, which is designed to enable companies to train their managers on avoiding workplace exposure problems and liability.

·         On behalf of a foreign D&O insurer, providing assessment of the law regarding various environmental liabilities, the duties and liabilities of corporate directors and officers, the liability of corporations for tortious conduct, the conduct of insurance companies, and the interpretation of insurance policies, in 14 countries around the world (as diverse as Australia, Norway, South Africa and Belgium).